UK Landlord Forum / Life

I've heard it said that a judge might throw out a case if the dates are wrong, and two full months' notice to quit have not been given correctly beginning on a rent day.

The Section 21 Form 6a to obtain accelerated possession expresses the end date for the notice very awkwardly saying, and I quote:

"You are required to leave the below address after: (insert calendar date)"

I inserted 30th September 2023.

The next rent day for this house is 1st August 2023 so two full months ends on 30th September 2023, I reckon. But is this actually the right date to enter, does anybody know? Should I have actually entered 1st October 2023?

Thanks for any advice.


P.S. it's an AST lapsed into a periodic tenancy, well out of the fixed term.

The end of the notice doesn't have to coincide with the tenancy periods, although it helps to avoid messing about with part month rent calculations. And these periods don't depend on the rent date (although the rent date is normally the first day of the period).

The reason the the notice has the odd looking wording is so that, if required, a possession order can be issued by a court. If the wording was "You are required to leave the below address on" which is what most people seem to expect, when a court reviews a possession claim, that date would always be in the past, so the court couldn't issue an order to make it happen.

Quote from: jpkeates on July 21, 2023, 11:28:35 AM
The reason the the notice has the odd looking wording is so that, if required, a possession order can be issued by a court. If the wording was "You are required to leave the below address on" which is what most people seem to expect, because when a court reviews a possession claim, that date would always be in the past, so the court couldn't issue an order to make it happen.

I was always puzzled by that wording. Thank you for the explanation.

Quote from: jpkeates on July 21, 2023, 11:28:35 AM
The end of the notice doesn't have to coincide with the tenancy periods, although it helps to avoid messing about with part month rent calculations. And these periods don't depend on the rent date (although the rent date is normally the first day of the period).

The reason the the notice has the odd looking wording is so that, if required, a possession order can be issued by a court. If the wording was "You are required to leave the below address on" which is what most people seem to expect, because when a court reviews a possession claim, that date would always be in the past, so the court couldn't issue an order to make it happen.

Thank you kindly for a very thorough explanation.

Much obliged.

(Is there a 'thanks' or a 'like' button on here? I can't see one!)

Quote from: Mike the Boilerman on July 22, 2023, 07:08:17 PM
(Is there a 'thanks' or a 'like' button on here? I can't see one!)

There's no need for one. People writing a response, as you did, is much nicer than just clicking a Like button.