Section 21 6a form

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    Section 21 6a form

    Hi, I have a nightmare tenant, on plus side she pays (via benefits) but I'm getting constant complaints for anti-social behaviour, police and social services being called etc. The initial term of her AST has gone, so I'm serving her with a section 21 form 6a

    I thought that to ensure I did everything correctly I'd use the form on gov.uk, but I'm either being dumb or the form is incorrect. The form is here https://assets.publishing.service.go...orm_6A__1_.pdf

    It states

    2. You are required to leave the below address after [ xxxxxxxxxx] . If you do not leave, your landlord may apply to the court for an order under Section 21(1) or (4) of the Housing Act 1988 requiring you to give up possession.

    So is that the date the notice is served, in which case there is no where on the form to put when you want them out by (at least 3 months I know at the mo)? or is that the date they should vacate the property by? In which case surely it shouldn't say 'after', as that's open ended and could suggest they could leave at any point after that date. Surely the wording should be 'by' or 'on or before'?
    Or am I being daft?

    Thanks

    #2
    Its a feature of the legislation. If they don't vacate by the date of expiry then you can apply to the court for possession the next day.

    Comment


      #3
      If the notice uses the word on or by, there's nothing for the court to enforce.
      The tenant won't have complied with the notice, but there's nothing the court can do to make them, without a time machine.

      "after" a date means it's an ongoing thing that the court can enforce.
      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).

      Comment


        #4
        I agree, not a good form. I served a form 6a but tenants left before it expired. I put the date that I wanted them out and made sure it was for 3 months time and landed on the end of a rental period. So if serving today, and lets say your rental period starts on the 20th of the month, I would put 19th October in that box.
        assume everything I write is preceded by IMHO...

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