Overview of Section 21 Notices (Form 6A)

Section 21 of the Housing Act 1988 empowers landlords to issue a notice for reclaiming possession of properties let under an Assured Shorthold Tenancy (AST). This critical form, available on the government website and under Crown Copyright, is a legal requirement for certain cases and advisable for all relevant ASTs.

Key Legal Requirements for Section 21 Notices

• Mandatory Use for Post-October 2015 Tenancies: Landlords must use this form for ASTs that commenced on or after October 1, 2015.
• Notice Period: The law mandates a minimum two-month notice period under Section 21(1) or (4) of the Housing Act 1988, with longer periods possible under periodic tenancies.

Validity and Timing of the Section 21 Notice

• Standard 2-Month Notice: The notice remains valid for possession proceedings for 6 months from the date given to the tenant.
• Extended Notice Periods: For longer notices as per periodic tenancy terms, validity extends to 4 months from the possession date specified in the notice.

Additional Resources and Restrictions

For detailed information and guidance on possession processes and Section 21 notices, visit the official government publication at:

Understanding the Possession Action Process - Guidance for Landlords and Tenants

Situations Where Section 21 Cannot Be Used

• Tenancies less than 4 months old.
• Properties requiring a licence under Part 2 or 3 of the Housing Act 2004, unless specific conditions are met.
• Non-compliance with tenant deposit protection legislation for tenancies post-April 2007.
• Recent improvement or emergency remedial notices served by local authorities.
• Unresolved prohibited payments or holding deposits under the Tenant Fees Act 2019.

Mandatory Provision of Information to Tenants

For tenancies starting on or after October 1, 2015:

• "How to Rent" Guide: Landlords must provide the "How to Rent: the checklist for renting in England" guide, available at www.gov.uk/government/publications/how-to-rent. Failure to provide this can restrict the use of Section 21 possession procedures.
• Prescribed Documents: Compliance with legal obligations is crucial. Landlords must provide tenants with an Energy Performance Certificate and a current gas safety certificate if applicable.

In Case of Homelessness

If you are in danger of becoming homeless, you should contact your local authority for support.

Debtors in 'Breathing Space'

If you are a debtor who is in a ‘breathing space’, you have a duty to inform your debt advice provider of any material change in your circumstances, so you should let them know that you have received this notice.

Further information about this notice and the possession process can be found at:

https://www.gov.uk/government/publications/understanding-the-possession-action-process-guidance-for-landlords-and-tenants