Form 6A now corrected

by Property 118

9:01 AM, 13th August 2019
About 5 days ago

Form 6A now corrected

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Form 6A now corrected

MHCLG have finally as of yesterday updated and corrected the wording of the Section 21 official document 6A seeking possession. This is after articles written by Giles Peaker  in Nearly legal along with behind the scenes communication. Click here to view his article.

Giles wrote detailing the mistakes saying: “Form 6A is prescribed by statute. The wording of Form 6A is set out in regulations, most recently The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations 2019. I say most recently, because there has been no statutory instrument to bring into effect the changes that MHCLG have made. None has even been laid.

“What this means is that the Form 6A on the gov.uk site under ‘assured tenancy forms’ is currently not actually valid as the prescribed form and should not be used. Which, as problems go, is a corker. The form 6A in the Forms Regulations remains the prescribed form for use.”

On the 12th of August MHCLG wrote updating their notes to say: “On the 30th of July 2019, an incorrect version of form 6A was incorrectly uploaded. If you have downloaded the form 6A which was available between 30th July and 12th August 2019 please replace this with the correct form.”

The form is now safe to use again, click here to download, but Giles said: “Both the ‘How to Rent guide and Form 6A snafus have been corrected. It really shouldn’t be down to eagle eyed watchers like Rich Greenhill and David Smith to have to spot these things, though.”



Comments

Mick Roberts

9:41 AM, 13th August 2019
About 5 days ago

Thanks for this info.
I copy & paste into my own for easiness the way I do things, took me a while, but is this part the only change?:

(c) where the landlord has not provided the tenant with an energy performance certificate, gas safety certificate or the Ministry of Housing, Communities and Local Government’s publication “How to rent: the checklist for renting in England” (see the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015);

Seething Landlord

10:14 AM, 13th August 2019
About 5 days ago

As far as I can see the how to rent guide has not been corrected because it is still dated May 2019 (downloaded this morning).

Luke P

10:29 AM, 13th August 2019
About 5 days ago

Reply to the comment left by Mick Roberts at 13/08/2019 - 09:41
I don't quite understand what you are saying, Mick. You MUST use the exact Form 6A as it appears on the gov.uk site...no copying/pasting (even if you kept the wording the exact same) as it must be that exact document.

Mick Roberts

11:24 AM, 13th August 2019
About 5 days ago

Reply to the comment left by Luke P at 13/08/2019 - 10:29
What so I even have to have these words too at the top of the page?

Everything else on mine is exactly the same, apart from this in the top left corner, as my solicitor when sending me new Sec 21's, puts his into Microsoft word:

Ministry of Housing,
Communities &
Local Government

That's the only bit I've left out.

Luke P

11:41 AM, 13th August 2019
About 5 days ago

Reply to the comment left by Mick Roberts at 13/08/2019 - 11:24
I was pulled up in the early days by a Judge when there was a very subtle change...the DCLG (as it was then) logo/crest was not on the very first version(s) and I had used an 'old' version. Fortunately he decided on the day that it was 'materially the same', so the case proceeded, but not worth the risk.

You can understand why this would be the case too, because there never used to be a standard form, just various bits that needed to be included. Now, it's a specific form and if you're not serving the/their specific form, then you're not complying with the legislation.

What you certainly cannot do is add/remove anything to it.

Mick Roberts

12:12 PM, 13th August 2019
About 5 days ago

Reply to the comment left by Luke P at 13/08/2019 - 11:41
That's put a spanner in me admin then, I run 'em in publisher, so look back at the pages easily & surprise meself when I see a tenant has only had another notice 6 months ago which I'd forgot.

Pathetic having to put things like crests in which if we don't, lets the non paying house damaging tenant carry on his ways for the sake of a flower picture that has no relevance to the real issue. Wish I could get out, but 98% of me tenants have done nothing wrong.

Aah Luke you've annoyed me, but probably saved me too ha ha.

Rod

12:41 PM, 13th August 2019
About 5 days ago

Off with their heads!

Appalled Landlord

12:51 PM, 13th August 2019
About 5 days ago

The wording is still wrong.

The form states “This form should be used where a no fault possession of accommodation let under an assured shorthold tenancy (AST) is sought under section 21(1) or (4) of the Housing Act 1988.”
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/824733/Form_6A_INTERACTIVE.pdf

The words “no fault” do not appear in the 1988 Act.
https://www.legislation.gov.uk/ukpga/1988/50/section/21

Previously when you wanted to end the tenancy of a delinquent tenant you could give notice by letter. You didn’t have to say that he was not at fault.

Now you have to use a form suggesting that the delinquent has not breached the tenancy agreement. But no landlord evicts a good tenant, because it would not make sense.

The words “a no fault” were inserted by civil servants in the MHCLG, consciously or sub-consciously affected by propaganda from Shelter and Generation Rent that if Section 21 is used then the tenant cannot have been at fault.

The new regime at the MHCLG should have the offending words removed in the next statutory instrument.

Luke P

13:10 PM, 13th August 2019
About 5 days ago

Michael Barnes

2:51 AM, 14th August 2019
About 4 days ago

Reply to the comment left by Mick Roberts at 13/08/2019 - 11:24
Giles would probably say "it is substantially the same and therefore the judge should accept it".

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