McDonald v Fernandez
Two joint tenants were granted a six-month assured shorthold tenancy from 4 September 1999 to 3 March 2000. When that expired, they automatically continued as statutory periodic assured shorthold tenants. Each period of the tenancy ran from the fourth of each month to the third of the next month.

In October 2002 the landlords gave notice that they required possession "on 4 January 2003". The tenants did not leave.

When the landlords claimed possession, the tenants defended on the basis that the notice was invalid.

Section 21(4) of the Housing Act 1988 requires that the notice shall state a date that is the last day of a period of the tenancy.

The court struck out the landlords' claim. The Court of Appeal rejected an appeal.

The last day of the period of tenancy in this case was the third of the month. The notice wrongly gave a date that was the fourth of the month. It was therefore invalid.

The landlords would have to "start again" by serving a notice giving a correct date.

Source

Housing Today

Reference

For registered social landlords managing assured shorthold tenancies, this is a salutary reminder to always use the correct date in a notice seeking possession and always add an appropriate "saving clause" to the notice in case the date used is wrong.