Section 21 Form 6a amendment – not legal!

Filed in Breaking News by on 9th August, 2019 2 Comments

Update 13th August: We have been advised that MHCLG has now (as of 12th August) reverted the wording of the Section 21 official document 6A seeking possession in the Government forms website to reflect the document in the legislation. 

Original article: Confusion reigns after the Ministry of Housing, Communities & Local Government (MHCLG) amended the Form 6a Section 21 on 8th August 2019 without going through the correct legal channels.

The Form 6a is written in legislation (The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations 2019) as statute law, as such any changes must be made in law under a statutory instrument. The amendment to the this form by MHCLG outside of statutory instrument has resulted in a Form 6a that is not valid!

We have in the past recommended that landlords download forms, to ensure currency, direct from the Government’s Assured Tenancies Forms website and for non-legislated forms this continues to be the case. In this case, however, we are recommending that the legislated Form 6a is used.

The legislated Form 6a can be accessed by clicking here.

If you have issued a Form 6a Section 21 possession notice on or after 1st August, check that it is in the same format as that presented in the legislation link above.  The amendment made by MHCLG is a change to the initial notes on page 1, section e.

Where you have served the wrong Form 6a we recommend that you seek legal advice and consider reserving the notice in the legislated format.

Use of the wrong form could inadvertently undermine any possession process through the Court.

 

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About the Author ()

Rob Crawford is the chairman of the Association of Local Landlords (Wessex). Rob is a practicing landlord with a property portfolio that includes small private residential properties and HMO's. Rob is a qualified letting agent and former owner of Kingfisher Lettings & Management. He is now a share holder of the successful online lettings company Lettingsupermarket.com.

Comments (2)

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  1. Martin Thomas says:

    This must have been James Brokenshire’s parting gift!! What a bunch of muppets!
    It comes to something when landlords know more about the law than the government.

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