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Question

Ending a Tenancy (England) | England | Landlord Wants Tenant to Leave (England)

Old Section 21 notice used

6 Sep 2022 | 4 comments

Does it matter if an old Section 21 (Form 6A) has been used and served a few months back?  Essentially, that used is one of those amended within the pandemic and details on the face of it that it should be used by landlords up to the 30th September 2020.  Therefore, it details therein a requirement for the then notice period of at least 3 months.

The form as served provides 2 months notice, as of course now required, but does the use of the old form invalidate the section 21, or, similarly, is there anything else upon the most latest form that does not appear upon the old form which would also invalidate this?

Many thanks

 

 

Answer

4 Comments

  1. guildy

    Since 2015, there has been a “use it or lose it” rule which requires the notice to be acted upon within six months of service. This was increased during COVID to 10 months, but by our quick calculations and from what you describe, those changes have no material effect, and a new notice will have to be served.

    Please see here for details.

    If you go through our possession wizard, that will guide you whether the notice remains valid: https://www.landlordsguild.com/possession-notice-guidance/

  2. APWWPA

    Thank you for your reply. Apologies, but I think I may have misled you. The notice is still within it’s 6 months validity, having only been served about 3 months ago. The issue is whether the use of the old form, annotated to be used by landlords up to 30th September 2020 and provide 3 months notice, in 2022 invalidates the notice? As I say, the form as served earlier this year provides 2 months as is the now required period, but uses the said old form.

    Thank you

  3. guildy

    Sorry, I see what you mean.

    Unfortunately, the notice is likely to be invalid in our view.

    It would be best if you used the proper notice at the time of service and not a previous version. Parliament prescribes form 6A.

    Of course, it could be that the court doesn’t notice and that the tenant doesn’t obtain any form of representation, but that is an exceptionally high risk, and it would probably be quicker to start again.

    Potential arguments exist that the tenant hasn’t been disadvantaged by using the wrong form. Still, we don’t think that applies in this case because the notice says they are entitled to three months’ notice, so they will argue the wrong information has disadvantaged them.

    You can download the latest notice from our wizard: https://www.landlordsguild.com/possession-notice-guidance/.

  4. holborn1977

    I would concur with Guildy’s view that an older edition of form 6a is invalid. The other day I came across a case where a claim was struck out by the court for that reason (though it was also rejected because the notice period fell short).

    Form 6a is prescribed under the Deregulation Act 2015, s.37 and s.41 states this applies to all ASTs dating from 1 October 2015 (including renewals and presumably, tenancies that became statutory periodic from that date). As form 6a is prescribed, I take that to mean the edition that is in circulation at the time of service.

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