Section 21 / 6a forms and notice to quit

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    Section 21 / 6a forms and notice to quit

    Morning, help pleased. I have two periodic tenancies, both of which were served with section 21/6a forms at the beginning of the year, 21 Jan. (I believe they should just need serving form 6a, but as Im not sure Im doing both). They are both in arrears and not responding to letters/texts etc. Does anyone have suggestions as to what I should do now?

    #2
    The courts aren't processing claims at the moment, so the notices will simply time out in July and need to be reserved when there is some prospect of proceeding.

    You might want to consider a small claim for both sets of arrears in the meantime.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #3
      Re-serve on 21st April, then you don't need to wait another 3 months.

      Comment


        #4
        Originally posted by Ash1 View Post
        Morning, help pleased. I have two periodic tenancies, both of which were served with section 21/6a forms at the beginning of the year, 21 Jan. (I believe they should just need serving form 6a, but as Im not sure Im doing both). They are both in arrears and not responding to letters/texts etc. Does anyone have suggestions as to what I should do now?
        s5(1) makes it very clear that a notice to quit for a periodic assured tenancy has no effect: See..
        http://www.legislation.gov.uk/ukpga/1988/50/section/5
        ..................the service by the landlord of a notice to quit is of no effect in relation to a periodic assured tenancy.
        s21 has nothing to do with arrears. For that, s8 g8/10/11 are relevant. And s8g10 may be validly served if only 1p is underpaid for only 1 day. But evict (eventually..) with s21/6a.
        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
          Originally posted by JK0 View Post
          Re-serve on 21st April, then you don't need to wait another 3 months.
          Why wait until 21 April?

          Comment


            #6
            Originally posted by MdeB View Post

            Why wait until 21 April?
            Are you trolling me MdeB?

            Obviously because the previous one was issued 21st January, and will expire on 21st July. Issuing one on 21st April lets o/p apply for a possession order on 22nd July if the courts start working again on that day.

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              #7
              Originally posted by JK0 View Post

              Are you trolling me MdeB?

              Obviously because the previous one was issued 21st January, and will expire on 21st July. Issuing one on 21st April lets o/p apply for a possession order on 22nd July if the courts start working again on that day.
              Ah,

              Makes sense now you have explained it.

              Comment


                #8
                FTA: I know courts aren't working at the moment, but is there any reason why someone could not send papers there anyway, for them to be dealt with when they resume?

                Presumably they won't open an envelope postmarked two months previously, and reject it because the s21 it contains is now out of date?

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                  #9
                  MCOL works a treat when tenants decide to quietly build up rent arrears. I am about to issue a second MCOL for one of those. She already has a ccj, this person is unaffected by Covid19- arrears started in December

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