From 01 October 2015 a new prescribed form of section 21 notice was required to be used for any Assured Shorthold Tenancy Agreement (‘AST’) commencing on or after 01 October 2015. The Form 6A was also amended following its first publication by the Department for Local Communities and Government.
As confirmed by s.41 of the Deregulation Act 2015, from 01 October 2018 the new Form 6A will be required to be used for any AST in existence irrespective of the AST commencement date. This means all landlords are now required to use Form 6A in relation to AST’s.
The requirements are set out in The Assured Shorthold Tenancy and Prescribed Requirements (England) Regulations 2015 now also apply to all AST’s rather than only those commencing on or after 01 October 2015, the requirements are to serve the tenant(s) with:
- How to Rent: Checklist for renting in England
- Energy Performance Certificate
- Gas Safety Certificate
Where the above prescribed requirements are not complied with no section 21 notice can be served until such time as the requirements are complied with.
It should also be noted that following the controversial case Caridon Property Ltd v Monty Shooltz. Central London County Court. 2 February 2018 (see judgement here)tenants must be served with the gas safety certificate before they take up possession of the property.
Where this is not complied with a court may find any section 21 notice served to be defective. From our experience, not many judges are following this judgement, whilst some judges have been persuaded by this judgement, notwithstanding it being a County Court Appeal and thus not binding on County Courts.
Note: The above only applies to England.
Source; Mr Sasha Charles of Landlord Advice UK
13th of November 2018