Dates check please prior to sending in the N5B form for possession

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    Dates check please prior to sending in the N5B form for possession


    Tenancy began on 28/11/2016

    Section 21(4)(a) served on 12/11/2018

    Section 21 Notice expiry date 28/01/2019

    Many thanks


    #2
    Can you confirm that the tenancy is assured shorthold?

    Did you use Form 6A?

    Is the tenancy in a fixed term, or is it a periodic tenancy?

    If a periodic tenancy, is it a contractual or statutory periodic tenancy? What is the period of the tenancy?

    Are you in England or Wales?

    What does the tenancy agreement say if anything about landlord's notice period, and how notice may be effected? Did you follow it?
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

    Comment


      #3
      The tenancy began on 28/11/2016 for a period of 6 months. The tenancy had become a periodic tenancy. Notice was served on a Section 21 form for an AST - Periodic Tenancy, can't see 6A on it but I downloaded it from this site, I am in England

      Comment


        #4
        Think s21 (4) (a) wrong

        6a here....
        https://assets.publishing.service.go...n_property.pdf
        This form must be used for all ASTs created on or after 1 October 2015 except for statutory periodic tenancies which have come into being on or after 1 October 2015 at the end of fixed term ASTs created before 1 October 2015.
        Check any s21 against
        https://nhas.org.uk/docs/S21_flowchart.pdf
        &
        https://nearlylegal.co.uk/section-21-flowchart/
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          I used the S21(4)(a) based on reading this....If a landlord wants their property back, a notice requiring possession under section 21 Housing Act 1988 must first be served (unless grounds are available for a section 8 notice). The notice must be at least 2 months in length. If the notice is to be served during the periodic term (after the fixed term has ended) then a section 21(4)(a) must be served.

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            #6
            Originally posted by Dirty Stop Out View Post
            Notice was served on a Section 21 form for an AST - Periodic Tenancy, can't see 6A on it but I downloaded it from this site, I am in England
            As in you went here and downloaded the form under "Section 21 Notice - Periodic s21(4)(a) with Guide Notes" ?

            If so, that's not valid notice in England due to changes in legislations. You need to try again, but this time with Form 6A from gov.uk that I linked to earlier. Notice period is "not less than two months" from when notice is served (not when tenant receives it, check your tenancy agreement). No need for a particular end date.
            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

            I do not answer questions through private messages which should be posted publicly on the forum.

            Comment


              #7
              Nightmare, ok thanks for your help i'll re do it all now

              Comment


                #8
                The tenancy started on 28/11/16, so if I send the 6A tomorrow (23rd), the expiry date of the notice would be say 28th march 2019?

                Comment


                  #9
                  Well, tomorrow is actually 24th and not 23rd.

                  Any date more than two months after deemed service of the notice is fine. What does your tenancy agreement say about when notice is deemed to have been served?
                  I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                  I do not answer questions through private messages which should be posted publicly on the forum.

                  Comment


                    #10
                    On the bottom of page 2 of the 6A form there is a part asking for a calendar date, is that the date served or expiry of the notice?

                    Comment


                      #11
                      On the tenancy agreement there is a part on it regarding bringing a tenancy to an end that says....
                      Section Five: Other Provisions

                      1. The landlord can bring the tenancy to an end if the rent or any part of the rent is in arrears for 21 days, whether formally demanded or not.
                      1. The landlord can bring the tenancy to an end if any of the agreed terms and conditions have been broken, and the landlord gives 21 days written notice that he/she intends to bring the tenancy to an end.
                      2. For the purposes of Sections 47 & 48 of the Landlord and Tenants Act 1987, the address of the landlord at which notices (including notices in proceedings) may be served upon him by the tenants is the address of the landlord as stipulated in Section 1 of this agreement.
                      3. The provisions as to services of notices in section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Services Act 1962 shall apply.

                      Comment


                        #12
                        Rent arrears etc is s8 notice, not s21.
                        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                        Comment


                          #13
                          Originally posted by Dirty Stop Out View Post
                          On the bottom of page 2 of the 6A form there is a part asking for a calendar date, is that the date served or expiry of the notice?
                          Expiry of the notice.

                          Originally posted by Dirty Stop Out View Post
                          The provisions as to services of notices in section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Services Act 1962 shall apply.
                          Ugh, registered post/recorded AND not returned undelivered.

                          1st class sign for tomorrow, not returned undelivered, 28th March would be fine.
                          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                          I do not answer questions through private messages which should be posted publicly on the forum.

                          Comment


                            #14
                            Originally posted by theartfullodger View Post
                            Rent arrears etc is s8 notice, not s21.
                            I thought an S8 was for use during the fixed term and the tenant has breach the terms

                            Comment


                              #15
                              s8 may be used during fixed or periodic: And has the following grounds, including arrears...
                              https://www.legalforlandlords.co.uk/...-for-eviction/

                              s21 is the "for no reason at all" eviction route (s8 is easier for tenant to defend, s21 works always if all paperwork is all perfect)
                              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                              Comment

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