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Which section 21?

Started by suseeq, June 27, 2022, 01:13:09 PM

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suseeq

My tenants moved into my property in 2016, however i have not renewed the actual AST agreement, so it is now a rolling periodic contract.
Apparently due to this, I cannot issue a section 21 6A, however it seems that the section 21 4A can be issued for a rolling periodic, but only if the tenancy began prior to October 2015, which it didnot. Can anyone tell me which form I should use? Is there yet another section 21 for a rolling periodic tenancy that commenced after October 2015? Many thanks

Simon Pambin

Your situation sounds exactly like the situation where you'd use form 6A. What leads you to believe that you can't?

suseeq

I have read on Gov.org that the 21 (6)A cannot be used if the contract is a statutory rolling periodic. I just want to be sure that I issue the correct document.

suseeq

I also read on The Landlord blog that a secton 21(4)A should be used for a rolling periodic tenancy.  Maybe it was an old post.

Simon Pambin

It does sound like you're getting confused between the relevant Section of the Housing Act 1988 - https://www.legislation.gov.uk/ukpga/1988/50/section/21 - and the number of the form (6A) used to require possession - https://www.gov.uk/guidance/assured-tenancy-forms. That said, if you've got a link to what you read on the Gov UK website I'd be interested to see it.

jpkeates

Quote from: suseeq on June 27, 2022, 03:11:12 PMI have read on Gov.org that the 21 (6)A cannot be used if the contract is a statutory rolling periodic. I just want to be sure that I issue the correct document.
While the quality of advice on many .gov.uk pages is suspect, it's not normally completely wrong.
I suspect that it doesn't say what you think it does.