June 20, 2016 at 16:21 #29371
We hardly ever serve notice on a tenant. But we’re just getting around to serving one of these new fangled Form 6A’s on a post 1 October 2015 tenancy.
What’s caught our eye is the use of the word ‘after’ when referring to date:
You are required to leave the below address after [INSERT DATE] 1 . If you do not leave, your landlord may apply to the court for an order under section 21(1) or (4) of the Housing Act 1988 requiring you to give up possession.
You are required to leave the below address after, not on..? When after..?
We also love the encouragement(!) not to leave.
https://www.gov.uk/guidance/assured-tenancy-forms#form-6a if you haven’t yet seen the forms.June 20, 2016 at 17:06 #29389
Scenario: Tenant moves in 1 Jan 2016, 12 months straight. Form 6 A issued 1 November 2016, requiring return of property after 2 Jan 2017.
This after business. If I stick 2nd Jan in, it’s a bit loose to say after. If I was the tenant I’d be like, well when after… I assume we can’t say in a separate accompanying letter that we want them out on 2 Jan..?
I read someplace:
“If you serve a Section 21 FORM 6A during the fixed term and then let the tenancy roll over into a Periodic Tenancy, the section 21 will no longer be valid, and you will need to serve another notice”.
Assuming correct, is it not then the case that EVERY tenancy reaching the end of a fixed term is going to roll into statutory periodic while we allow the extra couple of days…?
Confusing that’s what this is!June 20, 2016 at 20:17 #29405
Whatever the wording of the form, the position has not changed.
The use of the word ‘after’ predates the new form, as it is a requirement of s.21(4) to use it. A section 21 notice does not become invalid when the fixed term tenancy ends.
And indeed, every fixed term tenancy (ASTs) is going to become a statutory periodic tenancy if the tenant remains in occupation. This has always been the case and there is nothing a landlord can do about it.June 22, 2016 at 04:05 #29468
You maybe wanted to see the word “on or before”, this is specific and give them option to leave before the required date.. while “after” is enforceable and mandatory without any excuses and the execution must be serve right immediately after the day said.
Lex of http://caldwells.com/June 22, 2016 at 11:35 #29473
there are two section notices Section 21 4a is for a periodic tenancy, Section 21 1b is the one for a fixed term tenancies.
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