Quick question about notices and court proceeding timings
Quick question about notices and court proceeding timings
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zedstar

Original Poster:

1,784 posts

205 months

Friday 20th December 2019
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Hello PH people, I have a quick question regarding a section 8 notice and subsequent court proceedings that I lost (!)

I sent a notice out and put a date of X in the notice on which was I put 'court proceedings will not begin until after X' This date was like 2 weeks and 3 days after serving.

Like an idiot I then did PCOL online and he was served on the Xth. Shelter came to represent them at court and pointed this out, after a lot of head scratching and talk of adjourning, the judge ruled against me saying that although I had given the correct 2 weeks notice and served after 2 weeks, the date of X in the notice meant I had served too early.

Having had a read of the relevant legislation, the only rule with the timing court proceedings is that it is 2 weeks after serving a section 8 notice, nothing further.

I get that I should have used a lawyer, but, in the interests of my knowledge really and nothing else, should I have pushed this point to the judge or was I on a road to losing when I served one day early?

Any helpful comments appreciated.