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Receiving Section 21. Can I serve a notice back?
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Hmmm...read #5, you have been given the answer already
In post 5 above I deliberatey used 23rd Oct for my example, as that is clear-cut.
I have never managed to get a definitive legal answer to the position where notice is served on the 1st day of a new periodic tenancy.
* notice cannot be served on 21st as the periodic tenancy has not started.
* if served on 23rd, then expiry would be 21st Dec (as 21st nov i less than a full tenancy period.)
* if served on 22nd, my personal belief is that the tenancy could end on 21st Nov since Crate -v- Miller [1947] established that notice can end on the last or 1st day of Tenancy Period ( meaning notice period runs from 22 Oct to 22 Nov - a full period).
However that ignores the fact that the tenancy must end with a period ie 21 Nov.
I have never found a legal precedent for this scenario (surprising - it must happen) and assume that landlords simply accept the notice without question, so it's never gone before a court.
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