Friday, 31 May 2019

New Section 21 Notice from 1 June 2019

Calling all landlords. The prescribed assured shorthold two months' (at least) notice under section 21 of the Housing Act 1988 changes for England TOMORROW  01 June 2019. Use the current form at your peril. Calling all tenants. If your landlord gives you an out of date notice on or after 01 June 2019, it may be invalid and you should obtain professional advice on it if you are resistant to having to go.

It's the prescribed  form 6A I am on about and it is amended by  the Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations 2019 (SI 2019/915). But the prescribed form is not mandatory, although it can be used, for assured shortholds created before 1 October 2015 or statutory periodic tenancies which have come into being on or after 1 October 2015 at the end of fixed terms created before 1 October 2015. Phew!

The amended  form is inspired by the Tenant Fees Act 2019 which also comes fully into force on 01 June 2019 (see http://www.breakinglaw.co.uk/2019/05/big-new-tenancy-laws-tenants-rejoice.html). It draws the tenant’s attention to the fact that section 17 of the 2019 Act prevents the landlord from serving a section 21 notice so long as all or part of a prohibited payment or unlawfully withheld deposit has not been repaid. There’s also new guidance to the tenant on homelessness support services. And the tenant’s attention is now directed in a more helpful way to the paralysis inflicted on the landlord in serving a s 21 notice where a house in multiple occupation (HMO) is unlicensed.

For much more on landlord and tenant law, treat yourself to my book Breaking Law (there he goes again). You know it makes sense.