Are you serving a Section 21 (form 6A) notice? Follow this guidance to stay on the right side of the law.
What is a Section 21 (form 6A) notice?
This form should only be used where a no fault possession of accommodation let under an assured shorthold tenancy (AST) is sought under section 21(1) or (4) of the Housing Act 1988.
What is the minimum period of notice?
The minimum period of notice that must be given in respect of an AST under section 21(1) or (4) of the Housing Act 1988 is two months.
This was extended to six months during the coronavirus pandemic, but reverted to the standard two-month notice period from 01 October 2021.
Section 21 (form 6A) checklist
- Is the form the most up to date version?
- Has the tenancy deposit been correctly protected?
- Has the notice been correctly served?
- Has the prescribed information been correctly issued?
- Has the correct How to Rent Guide been served?
- Is the property a House in Multiple Occupation (HMO)? Were the tenants provided with a copy of the licence?
- Were the Gas Safety Certificate, EICR and EPC served before the tenant took occupation?
- Does the Holding Deposit and Security Deposit comply with the Tenant Fees Act 2019?
You cannot use this form if:
- It’s less than four months since the tenancy started.
- The property is a house in multiple occupation and requires a licence under Part 2 of the Housing Act 2004, Section 55 – unless the person having control of or managing the HMO has given to the local authority a notification in relation to a temporary exemption, or an application for a licence has been made, and that notification or application remains effective.
- The property is other residential accommodation and requires a licence under Part 3 of the Housing Act 2004, Section 79 – unless the person having control of or managing the HMO has given to the local authority a notification in relation to a temporary exemption, or an application for a licence has been made, and that notification or application remains effective outbreak).
- The tenancy was granted on or after 06 April 2007 or is a statutory periodic tenancy that arose on or after that date and the landlord has not complied with the relevant tenant deposit protection legislation.
- The local authority has served an improvement notice or an emergency remedial notice in relation to hazards at the property within the last six months.
- Prohibited payments or a holding deposit were taken from the tenant and have not been repaid.
For help and advice with related matters, please get in touch with our Branch Manager, Emma Wallington, at emma@brookings.co.uk
