Will Bartley is an Associate and Legal Executive in our Dispute Resolution Team, in this article he looks at Form 6A describing the common mistake landlords make with Section 21.
Section 21 is the no fault way of obtaining possession from an assured shorthold tenant.
What is a Section 21 Notice?
A Section 21 Housing Act 1988 notice is the first step to obtaining the property back. These are used when the landlord wants to regain possession of a property at the end of an assured shorthold tenancy or wishes to exercise a 'Break Clause'.
The landlord is able to issue the tenant with a Section 21 notice without giving any reason for ending the tenancy agreement..
This form should be used where a no fault possession of accommodation let under an assured shorthold tenancy is sought.
This form must be used for all assured shorthold tenancies created on or after 1 October 2015 (excluding statutory periodic tenancies which have come into being on or after 1 October 2015) and on all tenancies from 1st October 2018.
Frequent mistake with Form 6A
Paragraph 4 of Form 6A, on page 2, requests the name and address of the landlord. This is straightforward but the form provides a very small space for this information to be included. Some online forms do not include a field to complete at all.
Many agents and landlords are not stating this information in this box. Instead, they are simply completing the signatory boxes.
You can read more about the eviction process in my article, 'How to evict a tenant' by clicking here.
A specialist dispute resolution solicitors' view
Will Bartley, Dispute Resolution Associate, says “The name and address of the landlord should be provided. You risk wasted costs and time if you commence possession proceedings on the basis of a Section 21 Notice which does not include this information. It is very simple but it is surprising how often this mistake is made."
Landlord & tenant solicitors in Bournemouth, Poole, Christchurch and The New Forest
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