Q&As

A court notice of the hearing date for a lender’s possession claim states that notices need to be served on the tenant/occupier, local authority etc. The notices need to be served within five days of receiving notification of the date of the hearing. Does the five days include weekends or just business days? What can the lender do if, because weekends are included, the notices have been served a day late?

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Published on LexisPSL on 19/06/2018

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • A court notice of the hearing date for a lender’s possession claim states that notices need to be served on the tenant/occupier, local authority etc. The notices need to be served within five days of receiving notification of the date of the hearing. Does the five days include weekends or just business days? What can the lender do if, because weekends are included, the notices have been served a day late?

As to the need to serve the relevant rule is CPR 55.10. As the Q&A suggests, it requires the lender ‘within five days of receiving notification of the date of the hearing by the court’ to send a notice to:

  1. (a) the property addressed to “the tenant or the occupier”,

  2. (b) the housing department of the local authority within which the property is located and

  3. (c) any registered proprietor (other than the claimant) of a registered charge over the property (CPR 55.10(2))

That notice must state that a possession claim has been commenced; the n

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