If a s21 is served a) during the Fixed Term of the Tenancy b) after the Fixed Term of the Tenancy has expired for a ‘contractual’ periodic tenancy does the last day of the period apply to notice expiry?
Question
Section 21 notice period on contractual periodic tenancy
Answer
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No, if the notice is served during the term and as long as the notice was at least 2 months (plus 4 days for service) and expires on or after the fixed term, it doesn’t matter what expiry date is on the notice.
For tenancies granted on or after 1 October 2015 in England, the period date rule no longer applies anyway and it’s just a straight 2 months plus 4 days in all cases.