Form 6A Section 21, also known as the “Notice Requiring Possession” form, is a crucial document for landlords in England and Wales who wish to regain possession of their property This form is used when the tenancy is an assured shorthold tenancy (AST) and the landlord wants to evict the tenant after the fixed term of the tenancy has ended.
Here’s what landlords and tenants need to know about Form 6A Section 21:
1 When can a landlord use Form 6A Section 21?
Landlords can only use Form 6A Section 21 to evict their tenants if the tenancy is an assured shorthold tenancy (AST) The form can only be used to regain possession of the property after the fixed term of the tenancy has ended, or during a periodic tenancy.
2 Giving the right notice period
Landlords must give tenants at least two months’ notice when using Form 6A Section 21 The notice period starts on the day the tenant receives the notice and must end on the last day of the tenancy period For example, if the tenancy period starts on the 1st of the month, the notice must end on the last day of the following month.
3 Compliance with regulations
In order to be valid, Form 6A Section 21 must be served correctly This means that the form must be filled out accurately and must include certain prescribed information, such as the date the tenant is required to leave the property Failure to comply with the regulations surrounding Form 6A Section 21 can result in the notice being deemed invalid, and the landlord having to start the eviction process again.
4 Time limits for possession proceedings
Once Form 6A Section 21 has been served, landlords have a strict time limit in which to start possession proceedings If the tenant does not leave the property by the date specified in the notice, the landlord must apply to the court for a possession order within the following six months Failure to do so may result in the notice being deemed invalid, and the landlord having to serve a new notice.
5 form 6a section 21. Grounds for possession
Form 6A Section 21 is known as a “no-fault” eviction notice, as landlords do not have to give a reason for wanting to evict their tenants However, landlords cannot use Form 6A Section 21 if they have failed to comply with certain legal obligations, such as protecting the tenant’s deposit in a government-approved scheme.
6 Possession proceedings
If the tenant does not leave the property by the date specified in Form 6A Section 21, the landlord must apply to the court for a possession order The court will then decide whether or not to grant the order based on the evidence provided by both the landlord and the tenant If the court grants the possession order, the tenant will be given a date by which they must leave the property.
7 Tenants’ rights
Tenants have certain rights when served with Form 6A Section 21 For example, landlords cannot evict tenants using Form 6A Section 21 within the first four months of the tenancy Tenants also have the right to challenge the validity of the notice in court, and can seek legal advice if they believe the notice has been served incorrectly.
In conclusion, Form 6A Section 21 is a vital document for landlords in England and Wales who wish to regain possession of their property after the fixed term of the tenancy has ended Landlords must ensure that they comply with all the regulations surrounding Form 6A Section 21 in order for the notice to be valid Tenants also have certain rights when served with Form 6A Section 21 and should seek legal advice if they have any concerns about the eviction process.
Understanding Form 6A Section 21 is essential for both landlords and tenants in order to navigate the eviction process smoothly and fairly By being aware of their rights and obligations, both parties can ensure that the eviction process is conducted lawfully and in accordance with the relevant regulations.