Legal Update – New Regulations bring changes to Section 21 requirements   

Legal Update – New Regulations bring changes to Section 21 requirements   

The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations 2019 which come into force on 1 June 2019 introduce a new Form 6A, which is the prescribed form used to serve a valid Section 21 Notice, to incorporate relevant provisions of the Tenant Fees Act 2019.

All Section 21 Notices served after 1 June 2019 must use the new version of Form 6A. This will apply to all new tenancies and renewal tenancies starting on or after 1 October 2015 and arguably all those pre-dating 1 October 2015.

The serving of a Section 21 Notice allows a landlord of an Assured Shorthold Tenancy to regain possession of the property except for in certain circumstances. The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations 2019 has increased the circumstances you are unable to serve a Section 21 Notice on the Tenant to take into account the Tenants Fee Act 2019.

A landlord is now unable to serve a Section 21 Notice if they have not repaid any prohibited payments or deposits following Section 17 of the Tenants Fee Act 2019.

If you use the previous Form 6A after 31 May 2019 it is likely that this would result in the Section 21 notice being invalid. This is because the information about the Tenant Fees Act is relevant information that the tenant must be made aware of.

The new Form 6A is not available to download from the Government website until 1 June 2019, however, it is possible to view a copy of the new Form 6A by following the below link as it is attached in the schedule to the new regulations:  http://www.legislation.gov.uk/uksi/2019/915/made.

Further information:

To see the government advice on Section 21 notices please follow the link below:
https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices

To see more information about the Tenants Fee Act and Section 21 Notices please follow the links below:

https://owenwhite.com/tenant-fees-act-2019-what-has-changed-for-landlords/

https://owenwhite.com/section-21-changes-as-of-1-october-2018/

ENDS                                                                                                                                                               MAY 2019

 

 

 

 

 

About the Author: Nicola King

  • Nicola is an Associate Director in the Property Dispute team with over 19 years’ experience in litigation
  • Nicola regularly advises developers, private landlords, letting agencies and tenants. She specialises in property litigation and has significant experience in dealing with a variety of property related disputes in the County and High Courts. These include both commercial and residential landlord and tenant claims (such as lease renewals, possession, forfeiture, breach of covenants, payment arrears and dilapidations), disputes on land contracts, restrictive covenants and easements
  • Nicola’s primary focus is on solving problems. If you are an owner or have an interest in land then unfortunately it is common to encounter problems with a tenant, landlord or a neighbouring owner
  • Nicola’s role is to help resolve that dispute in a practical and cost effective manner
  • Nicola also has a wide range of experience in commercial disputes involving breach of contract, misrepresentation, enforcement of restrictive covenants and franchise agreements
  • Nicola is an experienced advocate and delivers seminars and training on a range of litigation and franchise issues
  • Nicola regularly drafts articles on new case law and legislation

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