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 [2010] 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 [2003] 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”.

Most standard printed section 21 notices follow the date of expiry with a statement that will say ... Please login or signup to continue reading this content