Serving Notice with a Form 6A - NOW UPDATED!

Serving Notice with a Form 6A - NOW UPDATED!

The form 6A replaces previous tenancy notices on 1st October 2015

Serving Notice with a Form 6A - NOW UPDATED!

*** Updated 30 Sep 2015:  The Form 6A Has Already been amended! it is now Statutory Instrument 2015 No. 1725

Serving Notice using a Form 6A is not as simple as it used to be in the 'good old days'!  From the 1st October 2015, Landlords will need to ensure that the following conditions are complied with:

a.  If the tenancy is fixed term, then Notice is only valid for 6 months from the date of issue.

b.  If the tenancy is Periodic (rolling), then Notice is valid for four months from the date of issue.

c.  Notice can’t be served if the tenant has resided in the property for less than 4 months

d.  Notice can’t be served where the landlord is prevented from retaliatory eviction under Section 33 of the Deregulation Act 2015

e.  Notice can’t be served where the deposit is not protected under an approved scheme.

f.  Notice can’t be served where a property requiring a license is unlicensed.

g.  Landlords are advised to add a couple of extra working days to the 2 month notice period.

h.  The notice should not be shorter than the period of the tenancy (up to a maximum of 6 months).  for example where there is a quarterly periodic tenancy, the date would be three months from the date of service.

In addition, all of the general conditions of a tenancy will need to be met - for example,

          a.  An EPC has been provided to the tenants

***(An EPC is not required for any property that was occupied before 1 October 2008 and which continues to be occupied after that date by the same tenant). 

          b. A Gas Safety Certificate has been provided to the tenants (where applicable).

          c. A ‘How to Rent Guide’ has been provided for the  tenants.

          d.  The deposit has been protected in a prescribed scheme.

          e.  Smoke (not heat) alarms are provided on every floor of the property - including the ground floors of maisonettes.

              The alarms have to be tested when the tenants move into the property (from 1 Oct).

          f.  A carbon monoxide (CO) alarm has been provided where there is solid fuel heating and this has been tested when the

              tenants move into the property.

Chris Maher, Director of Maher Ross commented on the new procedures:

“It is true that these regulations have been poorly introduced by the Government but our job is now to get on and ensure that our Landlords meet them in full.

We expect a significant increase the number of Landlords that need a fully managed lettings service over the next year because it’s becoming genuinely difficult for private landlords to get everything right - unless they devote a great deal of time and expertise to it.  Of course, we’re always very happy to meet new Landlords and share our knowledge and experience with them!”

Whilst Maher Ross Ltd have made every effort to ensure that the information contained in this article is accurate, we do not guarantee in any way the accuracy of the information provided or implied.  Readers are strongly advised to check the information for themselves and to consult a competent Residential Lettings solicitor like PainSmith or Dutton Gregory Ltd. Copright C. Maher Ross Ltd 2015