Serve notice Form 6A

[ash72]

Hi All,

I may have used the wrong terminology on a previous posting concerning the question, so I have re-written it.


I served notice to the tenant form 6A - possession of a property back in May 2018, the tenant was given 3 months notice the tenancy expires at the end of Aug 2018, the tenant has now informed the council that the property is unsafe (ie, they have caused a leak in the property) the council will be investigating this soon and I will get the results. I just want to think ahead, if they find there is a leak (I will of course do what ever the council instructs me to do), the council from what I understand will serve a notice on me or the property for the works to be carried out, if I complete the works say within a week (still having just under 2 months left until the actual tenancy finish's) the council then (I hope) will send me a confirmation letter stating that all is well. In the form N5B (which I will send to the courts) on the next working day after the tenancy expires, is the N5B still valid or do I now have to wait 6 months in order to serve a new form 6A on the tenant? As form N5B section 8 will have July's date if the works have been completed.

I just think this would be an endless task as 1-2months prior to serving the tenant, they just need to create another leak or issue and raise it with the council, and stay in the property for a further 6 months.

[KTC]

A relevant notice will only render an otherwise valid s21 already given invalid if the tenant had made a complaint in writing to the landlord regarding the condition of the dwelling-house before the s21, and the complaint to the local housing authority is about the same, or substantially the same, subject matter as the complaint to the landlord.

You'll also obviously be arguing that the relevant condition is due to the breach of duty or cotnract on the part of the tenant, which is a complete exemption.

[ash72]

The tenant never informed me they went straight to the council about the issue. An inspection was carried out 3 days prior to the tenant raising the complaint directly to the council, (yes in my opinion, the council should have a duty to first ask the tenant if they had informed the landlord, and then looked into the matter, not just assumed that they had informed me).

[KTC]

The council have a duty to investigate whether a complaint has been made to the landlord or not. It's the effect of a relevant notice on existing s21 notice that depends on the tenant having made a written complaint to the landlord first. The six months ban on giving a valid s21 going forward from a relevant notice does not depend on a prior complaint.

[ash72]

Ok I understand that, the question is if the council do serve a notice regarding the issue, does that mean I can or can not serve the N5B form at the end of the tenancy and I have to wait 6 months in order to do this.

If this is the case, can I serve the form 6A in month 4 (giving 2 months prior notice) and then when the 6 months has expired submit the N5B form, or do I need to wait until the full 6 months have expired and then serve the 2 months notice. As the original form 6A served in May 2018 would have elapsed by then.

[KTC]

You can issue the claim for possession when the s21 two months notice is up.

[ash72]

Could you clarify if you know, which form (6A or N5B) is it that would mean it is seen as a retaliation eviction.

[KTC]

Forget the words "retaliation eviction". The question is when can a landlord not evict a tenant via the section 21 process.

Form 6A is the prescribed form for a section 21 notice. Form N5B is the form to issue a claim for possession in the court.

If the landlord is served a relevant notice, then she cannot give to their tenant a section 21 notice for 6 months. (Ignoring details like suspended relevant notice etc.) If before the relevant notices is served, the tenant has made a written complaint about what they complained to the council about, then any section 21 notice already given will become invalid, and any ongoing possession claim struck out so long as the court haven't already made an order for possession.

There's various details, including exemptions from the prohibition. A main one as stated above is that the problem was caused by the tenant. Another is if the property is genuinely on the market for sale.

[jpkeates]

As long as the council haven't served the notice the six-month restriction isn't relevant and doesn't affect the notice already issued.

[DPT57]

As long as the council haven't served the notice the six-month restriction isn't relevant and doesn't affect the notice already issued.

It can if the tenant had written to the landlord about the issue prior to receiving the s21

[theartfullodger]

It can if the tenant had written to the landlord about the issue prior to receiving the s21

Agree

http://england.shelter.org.uk/legal/...f_section_21#2

[jpkeates]

It can if the tenant had written to the landlord about the issue prior to receiving the s21

And the landlord doesn't give a satisfactory response etc.
Which KTC pointed out above.

But that hasn't happened here.