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‘room 1’) rented by the tenant, as well as the property address.
The notice should be served on the tenant by the means specified in the tenancy agreement.
This won’t invalidate the notice, provided you use Lawpack’s Section 21 Notice template.
This is because the Lawpack template states how the notice period should be calculated if the landlord puts the wrong termination date in the notice by mistake.
A general minimum notice period of two clear calendar months must be given to the tenant so, for example, if a notice is served on 20 March, it cannot expire any earlier than 20 May.
Lawpack’s solicitor-approved Section 21 Notice template provides expert guidance on when you should serve the notice.
The eviction notice’s official title in the courts is a ‘Notice Requiring Possession (under section 21 of the Housing Act 1988)’.
But this isn’t a problem if the notice is served one day after signature of the tenancy agreement, provided that any deposit has been registered and all the necessary information given to the tenant before service of the notice.
For example, if the rent is due on the 1st of each month, then the end of a period will be the last day of the preceding month.
So, if the notice is then given on 2nd January, the expiry date given in the notice must be 31st March, being the day before the rent is supposed to be paid as the notice must be two clear months.
The notice can only be used to gain possession where the tenancy is for a fixed term and the property can only be vacated when the tenancy is at an end.
If the landlord wants a tenant to vacate their rental property during the fixed term, then the tenant can only be evicted if a breach of contract has been proved.Serving a Section 21 Notice after the fixed term has ended If the Section 21 Notice is served after the fixed term has ended, the landlord must give at least two months’ notice and the notice must end on the last day of a ‘period of the tenancy’.