The Government has now made available the new prescribed Form 6A which must be used from 1 June 2019 for any Section 21 Notices served for all new tenancies and renewal tenancies starting on or after 1 October 2015.
Section 27A(5) of the Landlord and Tenant Act 1985
The Upper Tribunal considered the meaning and effect of Section 27A(5) of the Landlord and Tenant Act 1985 following a challenge by a leaseholder as to the reasonableness of service charges that had been paid during a 12 year period.
The Upper Tribunal dismissed an appeal by a leaseholder challenging the reasonableness of services charges he had paid over a twelve year period. It was held that a leaseholder is not entitled to make an application to challenge the reasonableness of service charges, if a series of payments have been made without protest over a period of time.
Multiple payments made without challenge
The case has established that the conduct of a leaseholder must be sufficiently clear, to imply or infer that the payment of service charges are agreed or admitted. Due to threat of forfeiture by a landlord, the making of a single payment towards service charges by a leaseholder (who will want to preserve their home) is not sufficient on its own to find that there is agreement or admission. There must be other facts or circumstances such as multiple payments being made (without challenge) over a period of time to imply agreement or admission by the leaseholder of the service charges, especially if the period of time is a long one.