Section 21 and Deregulation Act and form 6A?

Section 21 and Deregulation Act and form 6A?

16:30 PM, 28th February 2017, About 7 years ago 16

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I am hoping for clarification on this as it seems many in the profession are acting on conflicting assumptions/understandings.clarification

If landlord uses the Form 6A on a tenancy which commenced pre-01/10/15 did he need to comply with the changes under the the DRA2015; i.e. serve Gas Cert, EPC & How to rent guide? Or can they use the new form 6A, not serve the documents because those new rules only apply to post 01/01/15 tenancies and thus no need to provide them.

So in short there are 2 understandings floating around……

1. You can use form 6A in any event and because the tenancy is pre-01/10/15 there is no need to serve the prescribed documents;
2. You can use form 6A in any event but even though the tenancy is pre-01/10/15 you must still serve the prescribed documents in order to be allowed to use the form 6A.

I would love to get this clarified!


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Romain Garcin

9:13 AM, 2nd March 2017, About 7 years ago

Reply to the comment left by "Mandy Thomson" at "02/03/2017 - 08:54":

"if the landlord hasn’t complied with these even with a pre-Dereg Act AST many judges would reject the landlord’s claim as form 6a is stipulating this but the landlord hasn’t complied"

This would be an obvious error in law and I hope that not many judges would do it!

Mark Lynham

9:27 AM, 2nd March 2017, About 7 years ago

Reply to the comment left by "Mandy Thomson" at "02/03/2017 - 08:54":

i had similar where the judge wrote to me as he wasnt happy that i'd sent a notice via first class post instead as it wasnt 'excactly' as the ast required and but was advised to respond with the following and the judge was then happy.. have to say though that i've never had a judge write to me before though..

Further to your letter dated 26th July I would advise the following;
1. s196(1) Law of Property Act 1925 requires the notice to be in writing - which it was
2. S196(3) of the Act states the notice is sufficiently served if left at the last known place of abode - which it was so left when delivered by the postman and receipt of the notice has been confirmed by the tenant.

Mandy Thomson

9:49 AM, 2nd March 2017, About 7 years ago

In response to Romain and Mark Lynham: in my capacity as a phone advisor with a well known landlord organisation, I've been really shocked at some of the things I've been told in regards to how some judges justify their decisions to find in favour of the tenant - and this is pursuant to section 21, never mind section 8!

Another fine example I had was the judge who was apparently reluctant to grant a possession order against a section 21, because in his opinion the tenant had grounds to bring a claim of discrimination (he had a disability).

Landlords are best advised to assume the judge will be biased against them and will exploit any small technicality to find in favour of the tenant.

Mark Lynham

10:04 AM, 2nd March 2017, About 7 years ago

Reply to the comment left by "Mandy Thomson" at "02/03/2017 - 09:49":

i have to agree with you Mandy, it certainly does seem that way now.... i always tell landlords to think long and hard about any court action now... although the only ones i tend to get for possession are when they are recieving housing benefit and the council tells them to sit tight.... i tend not to let to housing benefit tennats now though, mainly because of things like this..

Albert Grey

17:14 PM, 26th September 2017, About 7 years ago

I wonder if someone might be able to shed some light on my situation. I have a tenant whose tenancy was 23 October 2014, I renewed the tenancy on 23 October 2015 for one year. I served a notice but not with a form 6a as my understanding is that the tenancy was pre Deregulation Act. The Council have said that they will not accept this notice as the renewal tenancy means that a form 6a is required and I cannot rely on the old style notice if proceeding to Court. Is this correct? Where can I find some law on this? Thanks in advance.

Mandy Thomson

19:36 PM, 26th September 2017, About 7 years ago

Reply to the comment left by Albert Grey at 26/09/2017 - 17:14
Hi Albert.

Yes, I'm afraid the council is correct. As you did a new AST after 1 October 2015 you are subject to the Deregulation Act which means you must use form 6a, you only have 6 months from the date on your s.21 to enforce it with a possession claim, and you must serve How to Rent, the gas safety certificate and the EPC BEFORE you serve s.21 (otherwise, your tenant can have your claim thrown out).

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