Serving Section 21 Notices – difference between fixed term and periodic notices
The fixed term and the periodic s21 notices are different.
If you serve in the fixed term (s21(1)(b)) which you can do so up to and including the last day of the fixed term of the tenancy, being two months notice.
In this case the notice end date needs to be at least 2 months hence, AFTER which you require possession.
If you do want possession you should not take additional rent for a new period otherwise you can create a continuation peroidic tenancy.
However, you can demand “mesne profits” which essentially is your rent for the period of residency but under another legal heading.
You do not want to prejudice your right to recover possession in those circumstances, so the tenant should be told that any payments received will be accepted as mesne profits, and should not be taken as an intention to create a periodic tenancy.
If you allow the tenancy to go periodic (by not serving notice in the fixed term) and you continue to collect rent, then the tenancy will continue month to month (if rent is paid monthly).
If you then require possession, you would need to serve a perodic (s21 (s2(4)(a)) notice. In this case the notice must end on the last day of a tenancy period a minimum of 2 months hence, AFTER which your require possession, which in practice can be nearly 3 months away.
Tenancy periods of course run from the date the original agreement is signed in month one to the day before that in month two – eg: 5th of May to 4th of June.
Notices and notes on serving available here:
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