You don’t need to accept the telephone call. The offer comes out automatically. You can take it up you wish or just leave it.
The letter that you gave her is of no legal effect other than to give her a little bit of prior notice/warning that you will be giving her official notice in the form of a section 21 notice at some stage in the future.
You cannot issue a section 21 notice in the first 4 months of the tenancy. Up until October 2015, you could serve it at any time but the law changed. Incidentally, it doesn’t apply if the tenancy is in Wales and you can still serve a section 21 at any time provided (applies in England and Wales) it doesn’t expire before the end of the fixed term.
You have to give her 2 months notice and it must include 2 rental periods and if the notice is one day out, it will be rejected if this gets to court and you will have to start again from day one. For that reason, if you don’t want to potentially fall foul, I would suggest that you gave 3 months notice which you cannot give until the end of the fourth month of the tenancy. You can give 2 months notice if you can work the dates out properly as you see here on page 2. If you think it’s complicated, yes, it is which is why at least 50% of section 21 notices are defective.
Here are some notes on serve in section 21 notices and the dates required:
If she doesn’t move out on the allotted date you then issue court proceedings using form N5B.
if it all goes according to plan, you will then get an order for possession.
If she still doesn’t move out, you make a further application for a warrant for possession using this form:
Can I clarify anything else for you?
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