S.21

FORM 6A

This form must be used for all Assured Shorthold Tenancies 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. There is no obligation to use this form in relation to ASTs created prior to 1 October 2015, however it may nevertheless be used for all ASTs.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/464909/Form_6A_INTERACTIVE_FINAL_Possession_property.pdf 

Last Updated: 20/01/2016

A new Section 21 form has been released. New regulations will require landlords to provide tenants with EPC’s, Gas Safety Certificates, and now a DCLG Booklet on “How to rent” to be eligible to serve a ‘No Fault’ Section 21 eviction notice.

The new regulations will apply to new tenancies from 1^st October 2015, and then to all tenancies will be impacted from October 1^st 2018.

The new regulations will require landlords to serve relevant bits of information to tenants in order to be eligible to serve Section 21(1) or Section 21(4) notices.

Crucially:  The notice cannot be served until 4 months after the tenancy starts and cannot be used 6 months after it has been served at which point a fresh one would need serving. The notice cannot be served for 6 months after a local authority has served an improvement notice or carried out emergency remedial action

The important regulations also include:

Regulation 2 – Compliance with prescribed legal requirements:  this gives landlords the legal responsibility to provide the tenant(s) with a relevant Energy Performance Certificate (EPC) and gas safety certificates.

If a landlord does not provide this information tenants are not responsible for conforming to the 28 day period notice to quit.

Regulation 3 – Requirement for landlord to provide prescribed information: in this instance the information is the Department for Communities and Local Government (DCLG) document titled “How to rent: the checklist for renting in England”.

You can access the document by clicking here: https://www.gov.uk/government/publications/how-to-rent

Under regulations, landlords are required to provide the most up to date version of the document at the beginning of tenancies – they are not required to provide updated version during the tenancy or if the tenancy becomes a ‘replacement tenancy’ (that is, when a tenancy renews with same tenants, landlords and basis of tenancy agreement).

Interestingly the regulations allow landlords to serve the DCLG “How to rent” document electronically – via e-mail – if the tenant(s) agree to it.

The new form, and explanatory note can be found here: http://www.legislation.gov.uk/uksi/2015/1646/contents/made

Last Updated: 19/01/2016