Received form 6a - are the dates right?

Puddings

Hello, 

My landlord has sent me form 6a, giving 2 months notice - originally he sent an email giving 4 weeks then amended this to 'be more fair'..I know 2 months is law.  

However, I have a query over the end date. My most recent contract is headed with 1st September 2020, the term clause states commencing 1st November 2022 and 'continuing on a year to year basis' and the signature page is dated November 2023. The notice states I'm required to leave after 1st October 2023. I'm am looking for alternative accommodation but just want to check these dates are all correct and hopefully give me a little longer to search - I'm also aware that I don't have to leave until a court or I end the tenancy but I'm not planning on it getting this far hopefully.  





Am I in a fixed term? And if so does it end September or November?

Many thanks in advance. My landlord wants to meet me next week to 'discuss the process'.. 

theartfullodger

Google "nearly legal section 21" and go through it.

A section21/ form 6a does not end a tenancy nor compel tenant to leave.  Only a court then bailiffs can do that.

Many many s21s are invalid.

Artful , Landlord since 2000.  Good luck 

Puddings

Thank you, all seems mostly in order, I'm just not sure if I'm in a fixed term and if I am does it end 1st September or 1st November

Puddings

Anyone have any thoughts on whether I'm in a fixed term? And if so, when it ends? Nervous about meeting the landlord on Wednesday.. 

propertyrental

It looks to me as if you have a Contractual Annual Periodic Tenancy:
"a periodic tenancy......continuing on a year to year basis".

Regarding the form 6a, you say it expires after 1st Nov 2023 - but what was the service/start date? 2 calander months are normally required for a form 6a (but see below).

However as Shelter explains here:
https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/notices_in_possession_proceedings/section_21_notices_for_assured_shorthold_tenancies

A landlord can use a section 21(4) notice where a tenancy is contractual periodic from the start. This notice must:[13]
* give at least two months' notice, or notice equal to the length of the period of the tenancy, whichever is longer
* state that possession is required under section 21 of the Housing Act 1988 (the prescribed Form 6A satisfies this requirement)

Where the contractual period of the tenancy is longer than two months, the section 21 notice period must be for at least a full period of the tenancy. It may specify any date on or after the earliest day a notice to quit could take effect. For example the minimum notice period must be at least:[14]
* 3 months for a quarterly tenancy
* 6 months for a six monthly tenancy
* 6 months for a yearly tenancy

Silly landlord......

Puddings

Oh wow! This could be incredible news for me! 

Do I raise this with my landlord on Wednesday when he comes to see me?? 

Puddings

Form 6a was sent to me by email (agreed method for serving of notices) on 2nd August 2023

propertyrental

Puddings said:

Form 6a was sent to me by email (agreed method for serving of notices) on 2nd August 2023

sent on 2/8/23 yes? And presumably also dated 2/8/23?

Expiry dare 1/10/23 yes?

So that's 2 calender months. So IF it were a monthly periodic tenancy that would be valid.

However as I said, the contract wording suggest a yearly periodic, thus requiring 6 months notice.

Though if you pay rent monthly the LL could argue it's a monthly periodic despite the contract wording. Who knows what a court would decide....

"Do I raise this with my landlord on Wednesday when he comes to see me?? " That depends on your intentions. I suspect suggesting you are entitled to 6 months notice will lead to (potentially antagonistic) arguments. If you intend to rely on this legal claim, probably better to keep quiet ad raise it in court as grounds to dismiss the S21 - though of course that means a degree of uncertainty for you to the last minute.

But I can't see the LL quietly accepting the 6month claim if you raise it earlier.

CSI_Yorkshire

propertyrental said:

Puddings said:

Form 6a was sent to me by email (agreed method for serving of notices) on 2nd August 2023

sent on 2/8/23 yes? And presumably also dated 2/8/23?

Expiry dare 1/10/23 yes?

So that's 2 calender months. So IF it were a monthly periodic tenancy that would be valid.

However as I said, the contract wording suggest a yearly periodic, thus requiring 6 months notice.

Though if you pay rent monthly the LL could argue it's a monthly periodic despite the contract wording. Who knows what a court would decide....

"Do I raise this with my landlord on Wednesday when he comes to see me?? " That depends on your intentions. I suspect suggesting you are entitled to 6 months notice will lead to (potentially antagonistic) arguments. If you intend to rely on this legal claim, probably better to keep quiet ad raise it in court as grounds to dismiss the S21 - though of course that means a degree of uncertainty for you to the last minute.

But I can't see the LL quietly accepting the 6month claim if you raise it earlier.

I could see the LL accepting a negotiated end of tenancy date of November/December if that would suit the OP - if it was mentioned that the s21 would be ignored and need to be settled in court which could take much longer than that.

propertyrental

CSI_Yorkshire said:

propertyrental said:

Puddings said:

Form 6a was sent to me by email (agreed method for serving of notices) on 2nd August 2023

sent on 2/8/23 yes? And presumably also dated 2/8/23?

Expiry dare 1/10/23 yes?

So that's 2 calender months. So IF it were a monthly periodic tenancy that would be valid.

However as I said, the contract wording suggest a yearly periodic, thus requiring 6 months notice.

Though if you pay rent monthly the LL could argue it's a monthly periodic despite the contract wording. Who knows what a court would decide....

"Do I raise this with my landlord on Wednesday when he comes to see me?? " That depends on your intentions. I suspect suggesting you are entitled to 6 months notice will lead to (potentially antagonistic) arguments. If you intend to rely on this legal claim, probably better to keep quiet ad raise it in court as grounds to dismiss the S21 - though of course that means a degree of uncertainty for you to the last minute.

But I can't see the LL quietly accepting the 6month claim if you raise it earlier.

I could see the LL accepting a negotiated end of tenancy date of November/December if that would suit the OP - if it was mentioned that the s21 would be ignored and need to be settled in court which could take much longer than that.

Indeed. Perhaps a good reason to raise it and then go on to agree a mutually acceptable date for tenancy surrender, which as you say does not require a S21.

Puddings

Thanks all, this is helpful. I can confirm 6a is dated 01/08/2023 although emailed on the 2nd.

I'm already looking for alternative accommodation but it's tough with a cat (although I have lined up care for him if I really really need to) and an IVA with 12 months left. 

I think I'll keep quiet for now and keep searching, but have this in my back pocket if I need a little longer. I really don't want to be antagonistic!