Eviction notice dates: how to calculate them correctly

Wrong dates are one of the most common reasons possession proceedings fail at the first hearing. If you know how to check the dates on a notice, you hold a possible technical defence. Below, we walk through how notice periods work and how to check the dates on a notice you have received.

Key facts

• Ministry of Justice figures show landlords made 22,733 possession claims in the county courts of England and Wales in January to March 2026, with 6,888 repossessions carried out by county court bailiffs. Mortgage and landlord possession statistics, GOV.UK
• In the same quarter there were 16,848 possession orders and 10,172 warrants, each down on the same period a year earlier. Mortgage and landlord possession statistics, GOV.UK

Why dates matter

A valid eviction notice must state a date on or after which the landlord can start court proceedings. If that date is wrong, usually because the minimum notice period was not given, the notice is invalid. An invalid notice cannot support possession proceedings. If the landlord issues a claim on an invalid notice, raise it at the hearing, and the case may be thrown out.

Courts are strict about this. A notice just one day short of the required period has been found invalid in case law.

How are notice periods calculated?

The general rule: Notice periods are calculated by counting complete days from the day after the notice is served, up to and including the last day of the notice period.

Day of service: The day the notice is given does not count. You count from the day after.

Postal service: If the notice was posted, an additional day (or sometimes two) is added for the postal period. First class post is usually assumed to arrive the following day; second class or where there is doubt, two days is used.

Example for a two-month notice period: If a section 21 notice or a notice seeking possession is served on 1 May, the two-month period begins on 2 May. Two months after 2 May is 2 July. The earliest date the landlord can begin proceedings is 2 July or later.

Ending it yourself: if you are the one leaving a periodic assured tenancy, you give two months' notice in writing. Check your agreement as well, since some set out how the notice should be sent.

Section 21 notices

Section 21 notices under the Housing Act 1988, now abolished under the Renters' Rights Act 2025 for new tenancies, required a minimum of two months' notice. Rules existed about:

• The notice not being able to be served within the first four months of the tenancy
• The notice expiring at the end of a rental period in a periodic tenancy (in some circumstances)
• The notice becoming invalid if the landlord had failed to serve the prescribed information (EPC, gas safety certificate, How to Rent guide)
• The notice having a six-month validity window (proceedings had to begin within six months)

If you have received a section 21 notice, check these requirements carefully.

Notices seeking possession: social tenants

For secure council tenants, a notice seeking possession under Section 83 of the Housing Act 1985 must:

• Specify the ground(s) for possession
• Give at least four weeks' notice (some grounds require longer)
• Remain valid for 12 months (proceedings must begin within 12 months of the notice)

For housing association tenants with assured tenancies, notices under Section 8 of the Housing Act 1988 have varying notice periods depending on the ground:

• Ground 8 (serious rent arrears): 4 weeks' notice under the Renters' Rights Act rules. Older cases begun before the Act may still run under the old 2-week period.
• Ground 14 (anti-social behaviour): can be immediate, but proceedings cannot start before the date given in the notice
• Other grounds: generally 2 months under the current rules, though it varies by ground. Check the notice against current guidance.

Common errors in notices

Check the following when you receive a notice:

1. Is the date of service stated? If not, it may be unclear when the notice period started.
2. Is the last date of the notice period correct? Count the days yourself.
3. If posted, has the postal delay been added?
4. If a periodic tenancy, does the notice expire at the end of a rental period?
5. Has the required notice period been given for the specific ground relied on?
6. Is the notice within the validity window? Some notices expire if not acted on within a set period.

Getting the notice checked

Unsure whether your notice is valid? Get legal advice promptly, before the landlord issues proceedings. Citizens Advice, Shelter (0808 800 4444), a housing solicitor, or the Housing Loss Prevention Advice Service (HLPAS) duty adviser at court can all check it with you.

When should I contact Support for Tenants?

If you are facing eviction proceedings and your home is also in disrepair, call us on 0800 030 4669. We may be able to help you with a disrepair counterclaim.

No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Housing Act 1988 (legislation.gov.uk)
• Housing Act 1985 (legislation.gov.uk)

Related articles

• What is a Section 21 notice, is it still legal?
• Section 8 eviction, explained
• Being evicted, what are my rights?
• What happens at a possession hearing?