Section 21 Notice:
With all the legal changes in the PRS that have been implemented recently, the knock on effect can become too complex for most of us, and it seems for the lawmakers too.
The changes have necessitated several changes to notices and the “How to Rent Guide”, which landlords must now provide to their tenants.
The Section 21 notice (Form 6A) is an important notice which must be correct at the time of service, otherwise it could be deemed an invalid notice and landlords would be obliged to start the notice period over again – two months plus is a long time to lose.
So when the government (MHCLG) updated the Form 6A the errors in it were flagged up by an article written by lawyer Giles Peaker writing for the Nearly Legal blog.
Nearly Legal writes:
“After this post (and some substantial behind the scenes contacts from others), MHCLG have acknowledged that the amended Form 6A that had been put up on the gov.uk site should indeed not have been put up.
“The form 6A has been replaced with the version in the May 2019 the Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations 2019 (or rather that version has been re-instated).
“The form 6A on gov.uk is again safe to use. There is a note on the page, as follows (which is slightly confusing, as the 8 August ‘update’ was the amended form, which it now appears was apparently uploaded silently on 30 July.)
“So there we are. Both the ‘How to Rent guide and Form 6A snafus have been corrected. It really shouldn’t be down to eagle eyed watchers like Rich Greenhill and David Smith to have to spot these things, though.”
The National Landlords’ Association write:
“This replication was spotted by NLA staff, who alerted MHCLG to the error. This has now been corrected…”
Meera Chindooroy, Policy and Public Affairs Manager at the NLA, says:
“It’s of vital importance to all landlords that government departments get forms such as this right. Incorrect forms may impact on landlords’ ability to regain possession of their properties, regardless of who is at fault.
“We advise all landlords to ensure they serve the correct, up-to-date documents as and when they are obligated to do so. MHCLG needs to work with landlords to ensure they can do this.”
So anyone down who downloaded Form 6A recently should check that they have the latest corrected version.
See all the relevant property related forms here