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Which section 21?

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Author Topic: Which section 21?  (Read 158 times)
Newbie
Posts: 10

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« on: June 27, 2022, 03:13:09 PM »

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
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Posts: 614

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« Reply #1 on: June 27, 2022, 04:54:33 PM »

Your situation sounds exactly like the situation where you'd use form 6A. What leads you to believe that you can't?
Newbie
Posts: 10

I like property

« Reply #2 on: June 27, 2022, 05:11:12 PM »

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.
Newbie
Posts: 10

I like property

« Reply #3 on: June 27, 2022, 05:23:32 PM »

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.
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« Reply #4 on: June 27, 2022, 05:35:28 PM »

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.
Full Member
Posts: 115

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« Reply #5 on: July 04, 2022, 05:39:04 PM »

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.
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.
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