The FORM SECTION 21 6A - RRC

When they introduced the Tenant Fees Ban the new Section 21 6a form became the ONLY VALID S21 notice or all tenancies in England.

ENGLAND ONLY If Landlords fail to disclosed information at commencement of the tenancy they cannot apply to evict their tenants - In addition tenancies commencing after this date are required to use a new  prescribed Section 21 Notice, such Notice cannot be issued until after month 4 of commencement of tenure.
 
TIP 1) When you start a new tenancy after Oct 2015 information about EPC, Gas Safety and Guide to Letting MUST be disclosed to the tenant. The PIMS tenancy agreement has been updated to reflect these changes
 
 
TIP 2 - In respect of a new tenancy after Oct 2015 do not use ANY Section 21 you have on file for it would be VOID only use the new Prescribed Form [below]
 
 
 
Which section 21 Notice is served and how it will be dated to expire
 
These Regulations will apply in relation to a NEW and renewed Assured Shorthold Tenancy of a dwelling-house in England granted on or after 1st October 2015. 
  • New Tenancy, means – not a statutory periodic arising after 1 October, which is specifically excluded. But will include a ‘renewal’ tenancy – a fresh AST – granted on or after 1 October
  • These Regulations do not apply to an assured shorthold tenancy that came into being on or after 1st October 2015 on the coming to an end of an assured shorthold tenancy that was granted before that date. Use the PIMS Section 21 Notice Wizard .
  • We do have a concern the prescribed order conflicts with Super Strike case law in that "a statutory periodic tenancy is not a continuation of a fixed term tenancy but a new tenancy". 
CONFUSED so are many  Where the above becomes confusing is the prescribed section 21 form does state This form may never the less be used for all AST so maybe we all just take a safe approach - Use the new form for previously a section 21 notice was never a verbatim notice and the new form permits its use.  
 
 
 
 
 
The new rules will also require
 
In addition the Section 21 Notice may only be relied upon AFTER ALL THE FOLLOWING have been provided to the Tenant [this applies to ALL new /renewed tenancies after 1 October 2015. It is likely to apply for all section 21 Notices issued on or after 1st Oct 2018]
  • a valid EPC certificate
  • a valid Gas Safety Certificate
  • a copy of the Government’s booklet How to rent  [below]  Landlords are not required to supply a further copy of the booklet each time a different version is published during a tenancy. This may be served be email.

PIMS have a new addendum that may be used with a Tenancy Agreement

The “no fault” eviction procedure for assured shorthold tenancies is not available to landlords at a time when the above requirements have not been complied with.
 
In many respects the Section 21 Notice becoming a prescribed form will protect many landlords from making silly mistakes, sadly additional burdens of compliance will only provide the courts, councils and dubious tenants more opportunities to deny or delay eviction . These come into being as a consequence of the introduction of the DEREGULATION BILL 27th March 2015
 
The new Section 21 legislation and sample of the prescribed Section 21 Notice is below
PIMS Related