How do I Fill in a Section 21, Form 6A Notice?
Understanding How to Complete Section 21, Form 6A’s in Property Repossession
Under the Housing Act 1988, Section 21, Form 6A is mandated for 'no fault' evictions in England for assured shorthold tenancies (ASTs) started on or after 1 October 2015. Note that Wales does not have a prescribed form for this purpose.
Using the Latest Version of Form 6A
Always check the UK Government's official website for the most current version of Form 6A. The form is periodically updated to reflect changes in legislation.
Tenant Details Section
Accurately fill in the full names of all tenants as they appear on the tenancy agreement. If there are multiple tenants, ensure each is listed.
Specifying the Notice Expiry Date
Legally, a minimum two-month notice period is required. The countdown begins from when the tenant receives the notice. For postal delivery, add extra days to account for postal service times.
Include the full, exact address of the property being let, including the postcode. It’s vital this matches the tenancy agreement.
As a landlord, provide your complete name, address, and contact details. If multiple landlords are involved, repeat for each. If an agent is completing the form, their details should be entered.
The form must be signed by either the landlord(s) or the agent. Mark the appropriate capacity box and date the form on the day of signing.
Ensuring Correct Service of Form 6A
Evidence that the tenant received the notice is essential. This can be through personal service, postal service, or, if allowed by the tenancy agreement, email.
Documenting Personal Service
If hand-delivering, fill in a certificate of service. A witness or a dated photograph of the delivery can serve as additional proof.
Postal Delivery Considerations
When using first-class post, the notice is deemed served two working days after posting, unless the tenancy agreement states otherwise.
Email Service Guidelines
Email is valid only if the tenancy agreement permits it. Notices sent via email before 4:30 pm are deemed served on the same day. Always complement this with a postal or hand delivery.
FAQs for Clarity
What is Form 6A? It is the prescribed form for initiating a 'no fault' eviction under Section 21 for certain ASTs in England.
Timing of Serving Form 6A: The form should not be served within the first four months of the tenancy’s start.
Seek Professional Legal Advice
Given the complexities involved in issuing a Section 21 notice, professional legal advice is highly recommended. Proper completion and service are essential to prevent the notice from being contested or invalidated.