• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • About
  • My Services
  • Training and Events
  • Landlord Law
Landlord Law Blog

The Landlord Law Blog

Interesting posts on residential landlord & tenant law and practice In England & Wales UK

  • Home
  • Posts
  • News
    & comment
  • Analysis
  • Cases
  • Tips &
    How to
  • Tenants
  • Clinic
    • Ask your question
    • Clinic replies
    • Blog Clinic Fast Track
  • Series
    • Renters Rights Act 2025
    • Renters Rights Bill
    • Election 2024
    • Audios
    • Urban Myths
    • New Welsh Laws
    • Local Authority Help for ‘Green improvements’ to property
    • The end of s21 – Protecting your position
    • End of Section 21
    • Should law and justice be free?
    • Grounds for Eviction
    • HMO Basics

Do you HAVE to serve your section 21 notice on a rent day?

This post is more than 9 years old

December 1, 2016 by Tessa Shepperson

Service of section 21 noticePeople are always asking this, or questions based on this. They seem to be obsessed with serving the notice on a particular day.

It has never been thus. It’s not the day you serve the notice that matters but the amount of notice you give to tenants. (Save as in the last section below).

  • For most situations now, this will be not less than two months.
  • For the remaining older tenancies where you need to serve a section 21(4) notice, it will be not less than two months ending at the end of a period of the tenancy.

Section 21(4) situations

I think it must be section 21(4) which is the reason people think this. But section 21 (4) is all about the date the notice ends. Not the date it is served (as in, the date it is given to the tenant).

So when serving a s21(4) notice you have to work out what the ‘last day of a period of the tenancy’ is, and make sure that your notice ends on the next one after two months after you serve your notice. For monthly tenancies, therefore, the notice period will be between two and three months, depending on when in the month you serve your notice.

Invalid notices

It is possible for tenants to challenge notices based on when they were served. But this is not going to be “Ha ha, your notice is invalid because you served it on Thursday and the rent day is Wednesday”. The day they pay their rent has nothing to do with it.

However, they will be able to say “Ha ha, your notice is invalid because you handed it to me on Thursday which means that I did not get enough notice”. When perhaps if you had served it on the Wednesday, your notice period would have been sufficient.

Deregulation Act changes

For the first time, we do now have a prohibition on serving notices on certain days. Under the Deregulation Act 2015, for tenancies which start or are renewed on or after 1 October 2015, you cannot serve your section 21 during the first four months of the original (i.e. not the renewal) tenancy.

But other than that – you can serve your section 21 notice on any day you like. So long as you give the correct notice period.

And of course, assuming you get everything else right (discussed elsewhere).

Landlord LawIf you are looking to serve a section 21 notice on your tenants, note that you get extensive guidance with my Landlord Law service.

Previous Post
Next Post

Filed Under: Tips and How to Tagged With: Section 21

Notes:

Please check the date of the post - remember, if it is an old post, the law may have changed since it was written.

You should always get independent legal advice before taking any action.
Please read our terms of use and comments policy. Comments close after three months

Primary Sidebar

Eviction Services

Landlord LawLandlords looking to save money can use the Landlord Law DIY Eviction Guide

Click here for the eviction page

We also have recommended solicitors who offer fixed fees to Landlord Law members and can be instructed via our online forms.

Not a Landlord Law Member?

  • See how Landlord Law can help with your problems
  • Landlord Law Services for Landlords
  • Join Landlord Law here

Or why not try an alternative approach?

Landlord LawOur special Helping Tenants in arrears kit, has all the information you need to:
  • Analyse tenants financial problem
  • Check that they are receiving the correct benefit payments
  • Deal with their other outstanding debts
  • Source alternative financial help - such as grant aid
Find out more here
Or watch the video below, where the kit co-author Julie Ford explains what can be done:

Watch the rest of this video series on this page

Sign up to the Landlord Law mailing list

And get a free eBook

Sign up

Footer

Disclaimer

The purpose of this blog is to provide information, comment and discussion.

Please, when reading, always check the date of the post. Be careful about reading older posts as the law may have changed since they were written.

Note that although we may, from time to time, give helpful comments to readers’ questions, these can only be based on the information given by the reader in his or her comment, which may not contain all material facts.

Any comments or suggestions provided by Tessa or any guest bloggers should not, therefore be relied upon as a substitute for legal advice from a qualified lawyer regarding any actual legal issue or dispute.

Nothing on this website should be construed as legal advice or perceived as creating a lawyer-client relationship (apart from the Fast Track block clinic service – so far as the questioners only are concerned).

Please also note that any opinion expressed by a guest blogger is his or hers alone, and does not necessarily reflect the views of Tessa Shepperson, or the other writers on this blog.

Note that we do not accept any unsolicited guest blogs, so please do not ask. Neither do we accept advertising or paid links.

Cookies

You can find out more about our use of 'cookies' on this website here.

Other sites

Landlord Law
The Renters Guide
Lodger Landlord
Your Law Store

Legal

Landlord Law Blog is © 2006 – 2025 Tessa Shepperson

Note that Tessa is an introducer for Alan Boswell Insurance Brokers and will get a commission from sales made via links on this website.

Property Investor Bureau The Landlord Law Blog


Copyright © 2026 · Log in · Privacy | Contact | Comments Policy