Correct Date on Form 6a

dkb

Hi
I need to give my tenants notice as I am selling. 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?


Thank you

ThePants999

Where have you quoted that from?

The law certainly says nothing of the sort. When a tenant gives notice under an SPT or most CPTs, it must be aligned with rental periods, but the landlord's notice to the tenant can be given at any time with expiry two months later. This is because (hopefully this is not news to you!) the landlord's notice does not actually require the tenant to leave - it is purely notice that the landlord will be seeking possession through the courts, which is the only way a landlord can end a tenancy.

Now, if you put in their tenancy agreement that your notice seeking possession had to expire on the last day of a rental period... well, whoops, that was silly

dkb

From here


http://www.lawpack.co.uk/landlord-and-tenancy/eviction-notices/articles/article5811.asp


About half way down under How can you work out the notice period?


Also this


https://www.gov.uk/evicting-tenants/section-21-and-section-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.

G_M

* 2 calender months (or more). Does not need to align with periods.

* see note 1 on the Form 6a here.
(That quotes " 2 months and 2 days" to allow for 1st class postage)

* Naturally if that date is beyond the end of a period for which rent has been paid the tenant can remain for those extra days (or reclaim the daily rent overpaid).

* the lawpack link is out of date and refers to S21 Notices, not the Form 6a introduced in 2015.

* the gov link clearly states "at least 2 months’ notice" -nothing about aligning with tenancy periods. Yes it adds "If it’s a periodic tenancy, you must also let your tenants stay for any additional time covered by their final rent payment." but that is nothing to do with the validity of the form 6a or its timescales.

I need to give my tenants notice as I am selling. 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?

* serve notice by hand on 1st July or by 1st class post today.
* notice expires 1st Sept
* if tenant paid full months rent on 26th July, then they can stay till 25th August (or you could mutually agree a refund if they leave earlier)
* unlikely an application to court on 1st Sept would be heard before 25th August so that should be fine
* or wait till 26th august to apply to court
* or discuss Early Surrender of tenancy if you want them out earlier, perhaps with a rental sweetener....

* if tenant paid fullmonths rent

theartfullodger

You'll appreciate that s21 Form 6a does not end tenancy nor compel tenant to leave.

And if tenant refuse visits for viewings, photos, valuations, surveys there's not much you can do other than take s21 to court.

So no firm plans or dates.

dkb

Thanks for the help.

I told them I was selling a month ago and viewings have been happening. I’ve now accepted an offer so had to give notice.

That’s now been done with your help
Thankyou.

G_M

dkb wrote: »

.

That’s now been done with your help
Thankyou.

Well done!


What expiry date did you give in the end? And when and how did you serve?

dkb

G_M wrote: »

Well done!


What expiry date did you give in the end? And when and how did you serve?

1st September

1st class special delivery. It was signed for yesterday.