New form to be used for serving notice to tenants under Section 21
Since 1st October 2015 landlords with residential properties let out on an assured shorthold tenancy (AST) have had to use a prescribed form notice – known as form 6A – when giving notice that they require possession of their property.
As of 1st June 2019 a new, slightly amended, version of the notice must be used. The change relates to the ban on tenant fees which came into operation on that date.
The new form reflects the new restriction on serving notice under Section 21 Housing Act 1988 if a prohibited payment has been taken (and not repaid) under the Tenant Fees Act 2019.
As was the case previously, there is no obligation to use Form 6A in relation to ASTs created prior to 1st October 2015, though it may be used for such tenancies.
A landlord using an “old style” notice is likely to find its validity challenged, and any court application for a possession order based upon it, refused. Landlords will need to familiarise themselves with the new form and use it, to avoid the prospect of a failed attempt at possession, wasted time and a wasted court fee. The concern is though, as with some of the many legislative changes over the past few years affecting ASTs and Section 21 Notices, that the lack of publicity about this change may mean that some landlords are unaware of it, and may continue to use the now invalid old style notice.
If you need advice to regain possession of your property, you can email me on philip.oke@GAsolicitors.com or call 01752 203500.
Philip Oke, consultant