31 May New Form for Section 21 Notices

Author: Pravin Jugdaosingh – Managing Partner for RHJ Devonshire solicitors.

To coincide with the Tenant Fees Act 2019, which comes into force on 1 June 2019, the Government will be releasing a new Form 6a which landlords will be required to use when terminating an assured shorthold tenancy under Section 21 of the Housing Act 1988 (‘Housing Act’).

As from 1 June 2019, the new version of the Form 6a is to be used for assured shorthold tenancies in England that were created on or after 1 October 2015. The amendments to the form highlights the new restrictions on terminating tenancies imposed by the Tenant Fees Act. Details of the new form, which has been introduced by The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations 2019 can be found on-line at https://www.legislation.gov.uk/uksi/2019/915/contents/made.

The amendments include:

1. Notice to the landlord that they cannot rely on a notice under section 21 of Housing Act to terminate an AST if they have not returned all or part of the prohibited fees or the holding deposit to the tenant or the relevant person;
2. Details on HMO licencing and notice to the landlord that no section 21 notice may be given in relation to an AST if the property remains an unlicensed property; and
3. Information to tenants on the homelessness support services which are available to them should they be concerned they may be at risk of being made homeless in the event the landlord regains possession.

Landlords in England need to make sure that they use the correct version of Form 6a if they wish to serve a 21 notice.

For further information on the Tenant Fees Act 2019, please see our article ‘Tenant Fees Act 2019 – All You Need To Know And A Guide To Prepare For The Incoming Act’.

If you would like further information on the matter, please feel free to contact me at the Dispute Resolution Team at RHJ Devonshire on 0203 923 0442.