Correct date on Section 21.

bikingbarney

Hi people I am after some advice again on a certain part of the Section 21 I am filling in for my Tenant.

Part 2 of the form says the following "You are required to leave the below address after [ ] 1
. 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"

Now the tenancy expires on the 30th September and this is the date we would like the tenant out by.

Therefore what date should I be putting in the part above?

It would make more sense t me if it said "You are required to leave the below address BY ...."

Any ideas.

Thanks

BB

theartfullodger

When did tenancy start? If after 01/10/2015 have you served (served rather than just have)EPC, GSC & "How to rent" booklet - if not any s21 will be invalid.

I would put "after 30/09/2016" (that wording, not, for example, "01/10/2016").

You may want them out by 30/09/2016 but if that's when tenancy expires the tenancy runs to 23:59:59 30/09/2016.

An s21 does not end a tenancy nor require tenant to leave: Assume it will take 2+ months longer.... (if they decline to depart..)

bikingbarney

theartfullodger wrote: »

When did tenancy start? If after 01/10/2015 have you served (served rather than just have)EPC, GSC & "How to rent" booklet - if not any s21 will be invalid.

I would put "after 30/09/2016" (that wording, not, for example, "01/10/2016").

You may want them out by 30/09/2016 but if that's when tenancy expires the tenancy runs to 23:59:59 30/09/2016.

An s21 does not end a tenancy nor require tenant to leave: Assume it will take 2+ months longer.... (if they decline to depart..)

Yep they have all of that !

Is it just me or does the wording seem a bit strange?

bikingbarney

So is this definitely the correct date to put?

G_M

When did the tenancy start? If on/after 1/10/15, are you using this:

New S21 Notice (Form 6a) & PI - tenancies starting from 1/10/15 (SI 2015 No. 1646).


If you put 30th sept you're fine as that

* is after expiry of fixed term and

* is more than 2 months and 2 days from date of posting 1st class, assuming you post before 28th July


(assuming the fixed term was 6 months or longer).

bikingbarney

Thanks,

The 30/09/16 is the last day of the 6 month fixed term.

It is the new form 6a Section 21 we are using. The wording is a bit confusing as the way it reads it says "after" where Im sure "on the" would be better

thesaint

You have been asked "When did the tenancy start" twice.