12 June, 2019
A new version of Form 6A (the s.21 notice) has been introduced and must be used by landlords from the 1 June 2019. The new Form 6A (s.21 notice) can be found here: http://www.legislation.gov.uk/uksi/2019/915/contents/made
This change has been ushered in as part of the government's introduction of the Tenant Fees Act 2019 [SM1] (http://www.legislation.gov.uk/ukpga/2019/4/contents/enacted) which also came into force on the 1 June 2019. The new Form 6A makes reference to this legislation to make it clear that if a landlord or the landlord's agent has received a "prohibited payment", a s.21 notice may not be served.
Using the old version Form 6A beyond the 1 June 2019, may render the notice invalid by the Court. If the notice is deemed invalid, the possession proceedings will be struck out and the landlord will have to start again; delaying possession significantly and potentially losing significant rental income.
With this new change, it will now be necessary for landlord's to ensure that there has been no breach of this new legislation prior to serving a s.21 notice.
For more information contact Stephen McArdle in our Business Dispute Resolution department via email or phone on 0333 207 1142. Alternatively send any question through to Forbes Solicitors via our online Contact Form.
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