Correct Date on Form 6a

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    Correct Date on Form 6a

    Hello

    I need to give my tenants notice as I am selling. They were on an AST from 2011 then stayed in the property until now. I was going to give them two months from 1st July giving them until 1st September to leave but as rent is paid on 26th of the month this appears to say I cannot do this?


    If the notice is served after the fixed term has ended, the notice must give the tenant at least two months to vacate and the notice must end on the last day of a 'period of the tenancy'. The last day of a period of the tenancy will be the day before the day the rent was supposed to be paid in the fixed-term contract


    Does this mean I have to give them until 25th September?

    Any help appreciated

    I got the info from here btw


    http://www.lawpack.co.uk/landlord-an...rticle5811.asp


    Thank you

    #2
    The next rental period no longer applies for notice by the landlord. Do you have the correct version? I can't find your quote in the current web site version.

    The expiry of the notice is when you can first apply to the court for possession; it is not when they have to leave, which could be months later.

    Comment


      #3
      Originally posted by leaseholder64 View Post
      The next rental period no longer applies for notice by the landlord. Do you have the correct version? I can't find your quote in the current web site version.

      The expiry of the notice is when you can first apply to the court for possession; it is not when they have to leave, which could be months later.
      I also found this on the gov website


      https://www.gov.uk/evicting-tenants/...tion-8-notices


      How much notice you need to give

      A Section 21 notice must always give your tenants at least 2 months’ notice to leave your property.
      If it’s a periodic tenancy, you must also let your tenants stay for any additional time covered by their final rent payment.

      I'm assuming it was an AST, then went onto a periodic, hence the rule comes into play. I need to make sure i get it right as it delays the sale by almost a month.

      Comment


        #4
        It's not a periodic tenancy (L&T 1985 S21(4) for this purpose, but rather an fixed period tenancy that has lapsed into periodic. (S21(1)). https://www.legislation.gov.uk/ukpga/1988/50/section/21

        Comment


          #5
          Ah
          So it was an Assured Shorthold Tenancy that, because they stayed after then became a
          Statutory Periodic Tenancy? So because it wasn't originally set up as a periodic the clause doesn't apply?

          Comment


            #6
            Originally posted by dkb72 View Post
            I got the info from here btw
            That was posted in 2011. The law has moved on.

            Originally posted by dkb72 View Post

            I also found this on the gov website
            https://www.gov.uk/evicting-tenants/...tion-8-notices

            How much notice you need to give

            A Section 21 notice must always give your tenants at least 2 months’ notice to leave your property.
            If it’s a periodic tenancy, you must also let your tenants stay for any additional time covered by their final rent payment.
            The highlighted bit does not apply to a SPT.
            However the law does require that rent paid for time after T vacates must be returned (Housing Act 1988 S21C).

            Comment


              #7
              Form 6A
              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

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