Receive notice to leave 6a form

jonnydeppiwish!

If you don’t like the answers you are getting, perhaps you’re asking the question incorrectly.

Rather than being slightly rude, start by looking at what you have written and rephrase it.

People can only respond to the information you have given.

km1500

Google "what date should be on a s21 notice"

I would do it for you but am unable to post links.

jonnydeppiwish!

https://www.nhas.org.uk/news/article/section-21-notices-getting-the-dates-right

TanyaCD44

jonnydeppiwish! said:

If you don’t like the answers you are getting, perhaps you’re asking the question incorrectly.

Rather than being slightly rude, start by looking at what you have written and rephrase it.

People can only respond to the information you have given.

I actually don't think I could have been more specific, I gave a brief overview of my situation and asked 3 questions all in regards to the end date of the notice period, none of which have even been commented on. 

So come on smart stuff, answer the questions in my first post 1) 2) and 3).

You can even post it in a manner appropriate for someone as stupid and discourteous as you think I am.

PS I've already read the information on the link you provided, it doesn't answer or address any of my points, although as you think I am stupid and discourteous perhaps you could just paste the relevant bit

TanyaCD44

km1500 said:

Google "what date should be on a s21 notice"

I would do it for you but am unable to post links.

I have done but it just says 2 months, I cannot find anything to say whether the day it was issued is included. For example if it was issued 1 min before midnight then I would lose a day, when dealing with complaints the clock does not start until the working day after it is received. That's basically what I'm checking 

jonnydeppiwish!

Read the article again, I’m pretty sure it tells you that the date is the date you receive it, not the day it’s dated for starters.

Additionally, it would be pro-rata.

Now if you would like any more suitable responses, other than those you’ve received, try CAB or a solicitor.

TanyaCD44

jonnydeppiwish! said:

Read the article again, I’m pretty sure it tells you that the date is the date you receive it, not the day it’s dated for starters.

Additionally, it would be pro-rata.

Now if you would like any more suitable responses, other than those you’ve received, try CAB or a solicitor.

I read this earlier 

If there is a written tenancy agreement:- the starting point for the date is the day the tenant moved in, you then need to look at how rent is paid, for example:-

• If the tenant moved in on 1st of the month and rent is paid monthly the last day of the tenancy period would be the last day of the month i.e 1st January – 31st of January.

That is what I'm querying in point 2) and 3) My understanding is that the 2 month notice period should start at the end of the calender month as that is when my rent is due. 

Point 1) is still a mystery as the notice period should be 2 calendar months plus 1 day, otherwise it can be sent late at night and I'd lose a day.

I'm only asking for clarification, sorry if I came over as being rude.

SusieT

The 2 month notice period should relate to the contract date, so if the contract start date is 18th of the month it should be received by you before that date,.

TanyaCD44

SusieT said:

The 2 month notice period should relate to the contract date, so if the contract start date is 18th of the month it should be received by you before that date,.

So my understanding is correct? If they gave me 2 months notice from the 10th and my contract starts from the 1st they have not legally given me sufficient notice. 

The end date on the 6a form should be 31/10/22 not 10/10/22. Therefore the request is not valid and they would need to resubmit it giving an additional 2 months notice once this is appealed in court?

I'm in a month to month rolling contract now so that makes sense, otherwise I'd be paying rent on a property for weeks after I've been evicted from it. Otherwise I'd have to pay someone 2 weeks rent after I've left.

Thanks for that

anselld

The date of receipt is not relevant.  It is the date of "service" which matters.  Service is legally defined ...
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06
It depends on the method of service used, eg two working days after posting by first class post.   

Notice should expire at least two calendar months after the date of service. ( no need to add another day).
Email service is not universally acceptable but can be used if the tenancy agreement specifically authorises it.
Under statute law the 6a dates are not required to align with tenancy dates, it is simply two calendar months from service.   Not sure if the tenancy agreement stating otherwise would be adequate defence, I suspect not as statute law trumps contract.