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

14:14 PM, 26th March 2020
About A week ago

Reply to the comment left by Leonardo de Cristofano at 26/03/2020 - 09:32
It would appear that my initial interpretation is wrong, despite reading it a couple of times. Now I justI can't read it the same way as I did previously. Has it changed since this morning!

Rob Crawford

14:16 PM, 26th March 2020
About A week ago

Reply to the comment left by Seething Landlord at 26/03/2020 - 12:37
It would appear that my initial interpretation is wrong, despite reading it a couple of times. Now I justI can't read it the same way as I did previously. Has it changed since this morning!

Ian Narbeth

15:08 PM, 26th March 2020
About A week ago

Reply to the comment left by Leonardo de Cristofano at 26/03/2020 - 13:34
Hi Leonardo, if the AST allows the tenant to break on 2 months' notice then I think it will remain at 2 months. The legislation is designed to protect tenants from eviction. Given that it was taking 5-6 months after expiry of notice to get a tenant out using the courts, I suspect it will be much longer now unless the current situation changes dramatically for the better soon.

Golo Chung

16:34 PM, 26th March 2020
About A week ago

Hi all, I am a bit confused by this. My AST was for 12months with 2months notice break-clause. 12 months due to end in May, does this mean I cant tell the tenant to leave at the end of the term and must give 3 months notice? Also what happens if we agree to move onto a 1 month rolling after the 12 months?
thanks!

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