15th May 2019
On 1 June 2019 a new Section 21 Notice Form 6A will replace the current version. This is to coincide with the commencement of the Tenant Fees Act 2019. The main changes to the notice are in the section explaining the restrictions on terminating a tenancy under Section 21 of the Housing Act 1988 (so that it refers to the prohibition on giving a section 21 notice if a landlord has received (and not returned) a “prohibited payment” under the Tenant Fees Act 2019), and also where it explains what a tenant should do if the notice has been served on them.
The version which has been used since 1 October 2015 can no longer be used from 1 June 2019 and the new one should instead be served on the tenant.
Before the new form of section 21 notice is served, a landlord or agent should therefore incorporate an additional check within their current procedures to make sure there is compliance with all applicable statutory requirements. This additional check should be to ensure that there have been no breaches of the Tenant Fees Act 2019 and, if any are found, to provide the correct remedy in accordance with that legislation. Failure to comply with the 2019 Act could result in the notice being deemed invalid and therefore incapable of being relied upon in future possession proceedings.
For any further guidance please contact the Housing Management & Litigation Team at Walker Morris.
Housing Management & Litigation