Garden Court Chambers has reported a recent Court of Appeal decision that further confirms the use of “saving formulas” in section 21 notices, Elias v Spencer  EWCA Civ 246
What is a saving formula?
When a notice is served during an assured shorthold periodic tenancy (including a statutory periodic tenancy), the landlord must expire the notice with a date that is ‘the last day of the period of the tenancy’ [s.21(4)(a) Housing Act 1988].
Getting the date correct is strict and if a landlord gets the date even one day wrong, the notice will fail [Fernandez v McDonald  EWCA Civ 1219]. Although Hale LJ commented: “We are told that landlords do often use this saving formula but they did not do so in this case”.