Section 21 'Notice to quit' date

[Mike4]

For the first time in my 25 year career as an amateur landlord I've decided to bring an assured shorthold tenancy of mine to a close.

When filling in the Section 21, Form 6A giving notice to quit, a question arises regarding the date on which the notice should expire. I have in mind landlords sometimes get this wrong and if it ends up in court, their case thrown out for getting the end date wrong.

Form 6A requires me to state the date after which I require the tenant to vacate, which seems an odd way to phrase it. I quote from the form:

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

This tenancy started many years ago on the first of the month so is well beyond the fixed term (in case anyone is wondering), so I entered 30th September 2023 as the date I require them to leave after, in order to give two whole calendar months' notice beginning on a rent day and ending on the last day of a periodic tenancy. It now occurs to me that maybe I should have put 1st October 2023 as the date.

Which date is correct, does anyone know please?

Many thanks...

[Lootman]

I agree that the wording is confusing but I would take leaving AFTER 30th September 2023 as meaning that they need to be gone by one minute after midnight of that night, and so effectively they must move out no later than that day and be vacated by the start of the 1st.

That also fits with their rent presumably being by the calendar month.

And the fact that you are giving more notice than required means it should not matter which date you use.

I was always fairly informal about these things and would give notice via a simple letter so you are way ahead of me anyway. Is this tenant the kind that likes to be pedantic and difficult? Most are not in my experience.

They may want to pay August or September's rent out of the deposit you hold. I generally allowed that if asked and they were otherwise in good standing.

[Mike4]

I agree that the wording is confusing but I would take leaving AFTER 30th September 2023 as meaning that they need to be gone by one minute after midnight of that night, and so effectively they must move out no later than that day and be vacated by the start of the 1st.

That also fits with their rent presumably being by the calendar month.

And the fact that you are giving more notice than required means it should not matter which date you use.

I was always fairly informal about these things and would give notice via a simple letter so you are way ahead of me anyway. Is this tenant the kind that likes to be pedantic and difficult? Most are not in my experience.

They may want to pay August or September's rent out of the deposit you hold. I generally allowed that if asked and they were otherwise in good standing.

Thanks.

The thing is, when they first moved in many years ago they were of good standing, working, looked after the place, all the things you would want. But in the last few years they have changed into being housing benefit claimants, don't look after the house or the garden (thus annoying the neighbours, and me), and have developed a marked 'entitled' and demandy general attitude which seems to be getting worse. So with the Renters Reform Act heaving into view and expected to remove 'no fault' evictions, I think it's time to bring the tenancy to an end before the planned new law prevents me.

They pay the rent broadly on time but my gut feeling is being HB claimants now, the council will advise them not to move out, to make me evict them and otherwise help them fight me. Hopefully it won't be like that but I want to be ready if that's how it goes, not starting off again in say three or four months having to re-issue a new Notice to Quit due to a silly mistake in the one sent now. Hence my checking. Think I'd better do some Goggling about it.

[csearle]

Moderator Message:
The no-fault eviction discussion has been split off to here. Please use this thread only for discussion of the original question (the date to be used on the form). Thanks. - Chris

[modellingman]

There used to be a requirement that the specified "after date" in the notice should be the last day of a tenancy period. The landlord press often used to report that landlords getting this wrong was a source of failure if the notice moved to the next legal stage - application to a court for a repossession order. However, for notices applicable in England, this last day requirement was removed by the Deregulation Act 2015. Provided two calendar months of notice is provided, the notice will be adequate.

Don't forget the pre-requisite requirements of the gas safety record, energy performance certificate and deposit protection notice, right-to-rent booklet, etc.

modellingman