Section 21 Notice Dates/ Validity of notice

Landlord Discussion
1

Good morning,

I have issued my tenant with a Section 21 notice, with the service date being 24th April (hand delivered, at 08:30am so well before the 16:30pm cut off). I have stated the date which I seek possession AFTER, is the 23rd June, in other words no court proceedings until the 24th onwards. I’ve seen some forms stating that this is a day short (that it should state after 24th June, so to seek court proceedings on the 25th onwards) and others saying that it is fine as it is. I’ve applied the same logic on how long a month is as to how a tenancy month would run e.g. 4th Nov to 3rd Dec, otherwise if we were to go with the first option then tenancies would run from the 4th to the 4th, which doesn’t make any sense.

Surely the notice that I have provided is 2 months to the day, as the notice was issued on the 24th April and the tenant is aware that no action will be taken until the 24th June?

In retrospect, I acknowledge that I could have added a few more days on top to be sure, but at this point, I’m just interested as to whether the S21 is valid or not, so I can re-issue one ASAP.

All other relevant documentation (EPC, EICR, 'How to Rent Guide ’ and Gas Safety) was provided to the tenant at the start of the tenancy and their deposit was protected and they were provided with a certificate of protection.

Thanks in advance!

2

Your notice is valid.
You need two calendar months notice, which you have provided.
Hand delivered is classed as same day because you are before cut off.
However if you serve -
First class post add two days
I’ve seen a list some where which tells you to add time depending upon the type of service
I spoke to the n r l a a few weeks ago
They advised to add in a few days ( three in fact) .

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4

The caveat is that judges prefer to add a few extra days if it’s delivered by post etc and have ruled it invalid
When I served my first s21 o was advised to add a week
I’ve always added a week until this one because I didn’t want to miss the deadline
It’s really open to interpretation
Did you deliver it to them or post it through the door ?
Posting through the door requires the addition of a day
If it’s hand delivered to them in person I understand that’s when you don’t need to add extra time

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6

I’ve just googled this . I can’t find the original page but I’ve read it’s two months from the date the tenant received it
Therein lies the rub
They may allege they did not get it till a day later.
It will depend on the judge fingers crossed

8

Two months is to 23rd
When you write a contract you have the start and end date
Of the start date of the first of the month
The end date will be the last day of the six month in an AST not the first day of the seventh month
Apologies I forgot about email service ( do you have a clause in contract permitting service)

10

That’s fine
Why do you need them to sign a new AST
They will be on a periodic soon enough ?

11

Why are you trying to get them to sign a new contract. Most Landlords allow contracts to roll into periodic, and under RRB this approach will become the norm anyway.

14

I believe the notice is invalid based on what youve said. Even at 8:30am, the 24th April was already part way through and not a full day. Therefore expiry at midnight on 23rd would leave you a few hours short. The notice needed to expire on 24th.

16

830 am is before 9am so it’s not short ( the contract will tell you what time and day valid service is )
He’s delivered it in time
According to the internet hand delivery to the tenant on the same day is classed as delivered
Through the letter box by hand it appears to be another day

The problem is the judge may be unpredictable .
I’ve always been advised to add on time because judges don’t like two months exactly

17

The s21 can overrun from the AST. You serve it on day one of month four and I give a week to two weeks depending on the tenant so it always runs into the periodic time
They usually leave on the last day of the AST

19

The notice requires a MINIMUM of 2 months. The tenancy period is a bare month, (or whatever other period).

20

The day begins at midnight so 8:30 is already eight and a half hours in. However, it doesn’t matter because there is no time after midnight that a notice could be served and still count that day.

21

Surely the date of service is the day the notice is served as long as it’s served by 4.30pm, as per the N215 form?

22

In your contract there will be a clause documenting valid notice
Mine reads between 900 and 1630 is documented as served on that day

Thhe validity does not start at midnight it starts when your contract tells you it starts
If you want clarification speak to the n r l a

23

Yes, thats the date of service, but its an incomplete day, so two full months notice would be the same date 2 months later.

24

Times of the day in tenancy contracts are almost always of no effect. Case law has determined that the tenancy day starts and ends at midnight.

26

I’ve got a solicitor on the case, who thinks it’s fine

1 Like
27

I believe hes wrong, but its possible it wont be noticed at court. Google Shelter section 21 getting the dates right if you dont accept what Im saying.

28

You mean, it doesnt make any sense to you, No-one, except the entire world hospitality industry, would think different. Heres my theory. You dont throw people out at midnight, however its ok to throw them out at midday! Therefore, the contract goes, for example, from after 12 midday on say Monday the 4th, to before 12 midday on Monday 11th, or whatever. So, from 4th to the 4th rather does make sense, what do you think?

29

No AST runs from the 4th to the 4th, they always finish before midnight on the day before e.g. 4th to the 3rd, so I’m really not sure what your point is.

Second of all, noone would be thrown out on that day, the tenant has the option to remain until a court order is issued.