Eviction notice dates: how to calculate them correctly

Getting the dates on an eviction notice wrong is one of the most common reasons that possession proceedings fail at the first hearing. As a tenant, knowing how to check whether dates have been calculated correctly gives you a potential 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 specify a date on or after which the landlord can begin court proceedings. If that date is wrong, typically because the minimum notice period has not been given, the notice is invalid. An invalid notice cannot be relied on to bring possession proceedings. If the landlord issues a court claim based on an invalid notice, you can raise this at the hearing and the case may be dismissed.

Courts have been strict about this, even a notice that is 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.

Periodic tenancies: For periodic tenancies, notice periods often have to align with the rental period. A notice to quit a monthly periodic tenancy must usually expire at the end of a rental period, meaning it must be given at least one full rental period in advance and expire on the last day of a rental period. This can significantly extend the notice period in practice.

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): two weeks' notice
• Ground 14 (anti-social behaviour): immediate (no notice period required, but proceedings cannot start until the date specified in the notice)
• Other grounds: generally two weeks or two months depending on the ground

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

If you are unsure whether a notice you have received is valid, seek legal advice promptly, before the landlord issues court proceedings. Citizens Advice, Shelter (0808 800 4444), a housing solicitor, or the Housing Loss Prevention Advice Service (HLPAS) duty adviser at court can all help you check the notice.

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. 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?