Tenancy that started before 1st October 2015

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    Tenancy that started before 1st October 2015

    On a section 21 form it says "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. There is no obligation to use this form in relation to ASTs created prior to 1 October 2015, however it may nevertheless be used for all ASTs." and on the Government web site (https://www.gov.uk/evicting-tenants/...tion-8-notices) it says "Giving tenants a Section 21 notice - You must give your tenants the Section 21 notice by filling in form 6a if the tenancy started or was renewed after 30 September 2015. Otherwise, you can write your own Section 21 notice. If it’s a periodic tenancy, you must explain that you’re giving notice under Section 21 of the Housing Act 1988."

    We issued a letter to our tenants (AST issued in 2014) stating that we require the property back, we were giving 2 months notice under Section 21 of the Housing Act 1988 etc. They have been to the council to try and get rehomed and have been told that as it is not on a 6A form it is not legal and she should stay put.

    Any advice?

    #2
    I'd be interested to hear responses on this as I'm in a similar situation

    Comment


      #3
      If you have 'renewed' the tenancy since 1 October 2015, then the council is probably right, otherwise they are probably wrong.

      I say "probably wrong" because there is a technical legal argument that says that all S21 notices must now be on form 6A.
      (the argument is something like:
      • if there is a prescribed form for a legal process, then that form must be used;
      • the 2015 regulations added form 6A to the set of prescribed forms AND did not include any accompanying text stating that it only applied to post September 2015 tenancies;
      • therefore form 6A must be used for all tenancies.
      As far as I know, this has not been tested at appeal.)

      I would suggest that you provide the tenant with a copy of the form 6A and the government guidance, pointing out the "not necessary for pre-October 2015 tenancy" parts, and suggest that they talk to the council again and point out those parts.

      Comment


        #4
        It doesn't really matter what the council think as at the end of the day, it's for the court to decide if the notice was valid. Either way, the council would almost certainly advise someone to stay anyway as they don't have the properties to house all people in need and the tenancy continues until court claim->possession order->bailiffs eviction.

        Personally, I think what the Form 6A notes and gov.uk information say is correct. However, in the real world, it's simply more time and cost efficient to serve a new s21 on Form 6A instead of testing the existing one in court. You're weighing two extra months with a new notice and no arguments over its validity verse delays caused by having a hearing into its validity and probably at least one full appeal, and one application for leave to further appeal if the tenant really want to push 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.

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