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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7600
Experience:  BA (Hons), PgDip, Practising Solicitor
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An assured shorthold fixed term Tenancy for a period of 8 months

Customer Question

An assured shorthold fixed term Tenancy for a period of 8 months from October to and includong the 20thJune 2010.

Section 21 Notice was served on the Tenant in March2010. This stated that the Landlord reqhired possession on the 20th. June. Was this correct?
Submitted: 6 years ago.
Category: UK Property Law
Expert:  Thomas replied 6 years ago.



If the notice gave the tenant two months notice, stating that possession was required after 20th June and was served on the Tenant in March then it will be a valid s21 notice.


If the 20th June was the final day of the tenancy agreement and the notice stated possession was required on this day (not after 20th (ie. 21st)) then the notice is defective and the tenant will be able to argue as such to the Judge at a hearing for an order for posssesion and will likely succeed.


A s21 notice cannot expire before the end of the fixed term.


Kind regards,





Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 6 years ago.



I have now received a letter from the Letting Agent ( Hamptons ) which insists that the notice which they served was correct. Any idea where to go from here.?


Best wishes


William Boyle

Expert:  Thomas replied 6 years ago.

Hi William,


Refer them to s21(1)(b) of the Housing Act 1988.


This link spells it out quite nicely:-

Fourt paragraph down under fixed term tenancies heading.


As long as the term includes the 20th then the notice should be defective.


Do you actually wish to remain in the property?