Newly released for 6A confirming 3 months notice

by Property 118

8:12 AM, 26th March 2020
About A week ago

Newly released for 6A confirming 3 months notice

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Newly released for 6A confirming 3 months notice

The MHCLG .Gov website (click here) has just released new Assured Tenancy forms including 6A which confirm the new government policy of 3 months notice. This is also under review and as threatened in Scotland could be increased at a later date to 6 months.

Form 6A: for a no fault possession notice on an assured shorthold tenancy Click here

This form should be used where a no fault possession of accommodation let under an assured shorthold tenancy is sought under section 21(1) or (4) of the Housing Act 1988.

What to do if this notice is served on you  You should read this notice very carefully.

It explains that your landlord has started the process to regain possession of the property referred to in section 2 below. You are entitled to at least three months’ notice before being required to give up possession of the property. However, if your tenancy started on a periodic basis without any initial fixed term a longer notice period may be required depending on how often you are required to pay rent (for example, if you have a periodic tenancy which is half yearly or annual, you must be given at least six months’ notice (which is the maximum)). The date you are required to leave should be shown in section 2 below. After this date the landlord can apply to court for a possession order against you.

Where your tenancy is terminated before the end of a period of your tenancy (e.g. where you pay rent in advance on the first of each month and you are required to give up possession in the middle of the month), you may be entitled to repayment of rent from the landlord under section 21C of the Housing Act 1988.

If you need advice about this notice, and what you should do about it, take it immediately to a Citizens’ Advice Bureau, a housing advice centre, a law centre or a solicitor.



Comments

Rob Crawford

8:41 AM, 26th March 2020
About A week ago

My interpretation it is that the 3 months notice only applies if the tenancy started as a periodic tenancy "with no initial fixed term"". Otherwise it's still two months notice. I can't think of any AST's that don't start with a fixed term???

Leonardo de Cristofano

9:32 AM, 26th March 2020
About A week ago

Thanks for the comment above Rb Crawford. I assumed that it applied to all tenancies. My tenants are on AST's. Also silly question . but does this notice just appply to the landlord giving 3 mths notice to the Tenant or also vice versa where the tenant has to give 3 months notice if they wish to leave and effectively have to pay at least 3 months rent until they can leave? Otherwise it feels its weighted in the Tenants favour?

John Russell

10:50 AM, 26th March 2020
About A week ago

Any idea what this means to my circumstances where Issued a section 21 nearly 2 months ago ?

Dr Rosalind Beck

11:27 AM, 26th March 2020
About A week ago

In Wales they are bringing in - with a start date of 2021 (at the moment) - 6 month contracts followed by 6 month notice periods - so at least 12 months, and obviously a lot more if you get a rogue tenant and have to go through the courts. In Wales this was presented in effect as an alternative to the abolition of Section 21.

Ian Narbeth

11:27 AM, 26th March 2020
About A week ago

Reply to the comment left by Leonardo de Cristofano at 26/03/2020 - 09:32
Leonardo, if the tenancy has become periodic the tenant can give one month's notice. That has not changed so far as I am aware.

Ray Davison

12:32 PM, 26th March 2020
About A week ago

Just a note, the link to the possession notice actually takes you to the rent review tribunal form!

Seething Landlord

12:37 PM, 26th March 2020
About A week ago

Reply to the comment left by Rob Crawford at 26/03/2020 - 08:41
I can't see anything to support that interpretation. The revised form says that in those circumstances a "longer" i.e. more than 3 months notice period may be required. 3 months is the minimum.
The relevant legislation, which in any case overrides anything stated in Form 6A is schedule 29 of the Coronavirus Act 2020 - the section dealing with S21 notices states:
Assured shorthold tenancies
Section 21 of the Housing Act 1988 (recovery of possession on expiry or termination of assured shorthold tenancy) is to be read, in relation to notices given under subsection (1) or (4) of that section during the relevant period, as if—
(a) in subsection (1)(b) for “two months’” there were substituted “three months’”,
(b) in subsection (4)(a) for “two months” there were substituted “three months”, and
(c) in subsection (4E)(b) for “two months” there were substituted “three months”.

Ray Davison

12:45 PM, 26th March 2020
About A week ago

"This form should be used where a no fault possession of accommodation let under an assured shorthold tenancy is sought under section 21(1) or (4) of the Housing Act 1988."

Interesting that it specifically refers to 'No fault' and no mention of S8

Seething Landlord

12:53 PM, 26th March 2020
About A week ago

Reply to the comment left by Ray Davison at 26/03/2020 - 12:45The reference to "no fault" has been the subject of much complaint from landlords since it first appeared in Form 6A ages ago. It has no statutory standing but is presumably intended to point out that the landlord does not need to, indeed cannot, specify the reason for claiming possession.
Extension of the Notice period under S8 to 3 months is dealt with in the previous section of the Act under the heading "Assured Tenancies", of which ASTs are a specific variety.

Leonardo de Cristofano

13:34 PM, 26th March 2020
About A week ago

Reply to the comment left by Ian Narbeth at 26/03/2020 - 11:27
Many thanks Ian! I actualy recently changed the tenants from a rolling contract back to a 1 yr contract with a break clause which was 2 months notice notice after 4 months . and I guess that is just moved to 3 mths with the amendment to the Housing Act.

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