Section21 4a or 6a – What am I missing?

by Readers Question

9:00 AM, 11th April 2019
About A year ago

Section21 4a or 6a – What am I missing?

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Section21 4a or 6a – What am I missing?

I have a tenancy which started in March 2014 and went periodic in September 2014. I have served a section 21 4a notice on my tenant as of February 2019, however I have been told that this is not the correct notice and could be thrown out of court and that following the introduction of the additional legislation to the deregulation bill in October 2018 I should of used a 6a.

The notes on the 6a clearly state that it is not necessary to use a 6a for tenancies before 1st October 2015, although you can use it for any tenancy.

I would of thought the 4a would not be thrown out of court.

Am I missing something here??

Editors Notes:

Notice seeking possession of a property let on an Assured Shorthold Tenancy (Form 6a) >> https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/515661/Notes_to_Form_6A_FINAL.PDF

This form should be used where a no fault possession of accommodation let under an assured shorthold tenancy (AST) is sought under section 21(1) or (4) of the Housing Act 1988.

This form must be used for all ASTs created on or after 1 October 2015 except for statutory periodic tenancies which have come into being on or after 1 October 2015 at the end of fixed term ASTs created before 1 October 2015.

The validity period of this form is six months following the date of its issue unless the tenancy is a periodic tenancy under which more than two months’ notice is required, in which case the validity period is four months from the date the tenant is required to leave.


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Comments

Frederick Morrow-Ahmed

22:24 PM, 14th April 2019
About A year ago

Reply to the comment left by Mike at 14/04/2019 - 18:19
Excellent piece of advice Mike!

If I may also share with others, I obtain written permission from tenants that I can serve documents to them by email. This way I have proof of service without having to get them to subsequently sign each document served.

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