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22 July 2019 | Comment | Article by Bethan Gladwyn

New Section 21 notice form in England

Social Housing landlords in England should be aware of the update to the prescribed form Section 21 notice, which came into effect from 1 June 2019 following the Tenant Fees Act 2019. A new version of Form 6A, which is used to issue notice under Section 21 in England, has been created.

A Section 21 Notice is served on a tenant when a landlord wishes to regain possession of their property. This must be used to legally terminate an assured shorthold tenancy (AST), which requires the tenant to vacate the property.

The update to the Section 21 notice, also known as the Form 6A, follows current legislation being amended by the Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations 2019. The new version of Form 6A was released on 1 June 2019 to reflect the new restrictions on terminating tenancies made by the Tenant Fees Act 2019.

The Act bans letting fees and caps security deposits which tenants (in England) can be asked to pay. Where a landlord (or an agent) has taken a prohibited payment from a tenant, a landlord will be unable to serve a Section 21 notice to end the tenancy until that prohibited payment has been refunded to the relevant person. This amendment has been made to ensure the form accurately reflects the restrictions on terminating a tenancy where a landlord has not returned part of a prohibited payment under the Tenant Fees Act 2019 or the holding deposit has not been repaid to the relevant person.

In Wales, the notice remains unchanged.

For more information on this topic or to speak to our Housing Management team, please get in touch using the contact form.

Author bio

Bethan Gladwyn is head of the housing management team as a result of her capability and specialist knowledge in her field of law. A specialist in social housing law and practice, anti-social behaviour and landlord and tenant (residential), Bethan assisted in setting up Wales’s first anti-social behaviour unit at Hugh James.

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.

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