Receive notice to leave 6a form

TanyaCD44

Hi all

I have recently received an eviction notice, a 6a form, the reason for the eviction is irrelevant as I believe I can challenge that if required. I have been there over 2 years.

I have a query on the dates though, with 3 points for clarification. 

1) if the notice was received on 10/08/22 should the leave date say 10/10/22 or 11/10/22?

2) my tenancy agreement is now month to month with rent due last day of month, should that date actually be 31st? As under the notices section on my tenancy agreement it states "After the initial fixed term agreement the landlord must serve the tenant two months notice to vacate. The notice must be served in line with the date of move in". I moved in 1st of the month.

3) does the notice have to be sent in post or does email suffice? 

macman

It's a notice to quit, not an eviction notice. Only a court can end the tenancy and order an eviction, unless you end if voluntarily yourself.
A 6a form a is an S21 application, which is 'no fault'. So no reason is required to be given. The only way you can challenge an S21 is by showing that the tenancy is not regularised, (which is often the case). This however is only a delaying tactic, once regularised the possession order will eventually be granted.

TanyaCD44

No offence, I'm aware of that, I'm looking for clarification for the points I raised. I'm checking to see if the request for me to leave is legal or not.

TanyaCD44

There are actually ways that a 6a form can be appealed, such as the landlord not carrying out repairs, however that is irrelevant 

jonnydeppiwish!

TanyaCD44 said:

There are actually ways that a 6a form can be appealed, such as the landlord not carrying out repairs, however that is irrelevant 

Which is what @macman has said - go through the checklist and determine is the correct procedure was followed ie deposit scheme, letting booklet etc.

As he also said, regardless of whether it’s legit, you don’t have to leave until a court evicts you or you give notice.

macman

Much simpler to overturn it on the grounds that the tenancy is not regularised. If, for example, there is no GSC or no deposit protection, the S21 is invalid until the irregularity is corrected. No contest, and the LL must start again.
The LL not carrying out repairs does not invalidate an S21 unless the LA has already served a improvement notice.

theartfullodger

S21 notice does not end a tenancy nor compel a tenant to leave: Only a court can do that.

NO REASON is required for an s21 notice (one of Thatcher's cunning actions...)

See if it is valid (many are not) checking it against
https://nearlylegal.co.uk/section-21-flowchart/
&
https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/how_to_check_a_section_21_notice_is_valid

A "Notice to leave" is, as far as I know, only relevant to Scotland PRT tenancies.  An s21 notice is not one.

TanyaCD44

!!!!!! I am asking questions to specific points and queries I have, you do not have the information and evidence in regards to my individual case so general advice is irrelevant. 

If the dates on the 6a form are incorrect then the request to leave is unlawful, that's what I'm checking. 

TanyaCD44

This is like asking, is a tomato a fruit or vegetable and getting the reply - They go nicely in salads.

As do nuts and various dried fruit but it doesn't answer the question asked

macman

theartfullodger said:

S21 notice does not end a tenancy nor compel a tenant to leave: Only a court can do that.

NO REASON is required for an s21 notice (one of Thatcher's cunning actions...)

See if it is valid (many are not) checking it against
https://nearlylegal.co.uk/section-21-flowchart/
&
https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/how_to_check_a_section_21_notice_is_valid

A "Notice to leave" is, as far as I know, only relevant to Scotland PRT tenancies.  An s21 notice is not one.

As the OP mentions form 6a, I think we can be confident that the application is an S21, in England or Wales, and that she is using 'notice to leave' as a general term for a notice to quit.
Unfortunately, she doesn't seem to understand that a public forum is not just a question and answer service, and that people are free to offer alternative solutions and suggestions if they wish.

TanyaCD44

I gave you a thanks for the first part of your response but revoked it for the second part.

Let's just say that the tenancy is fully regulated, the landlord has followed correct procedure in regards to the deposit and letting booklet etc. Let's also say that they are an absolutely perfect estate agent/landlord in all other aspects. 

Let's also say that I have checked all information on Shelter and Citizens Advice Bureau and the only questions I have are the ones I asked. Let's say that I am also aware that they need to take me to court at least twice.

Now can I get some relevant advice to the 3 questions I had?