Is the gov.uk Form 6A still valid?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Is the gov.uk Form 6A still valid?

    My MA contacted me today worried that the Form 6A, downloaded from Gov website late Oct17, may be invalid as he did not provide LL name andwas about to apply for a Possession Order.
    He was worried as he heard some Judges had rejected the Form 6A for lack of LLs name.
    Right or wrong?

    #2
    You don't have a choice, Form 6A as defined in the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) (Amendment) Regulations 2015 is the prescribed form and you must use it.

    And yes, it says name and address of landlord and then don't actually provide a space for that if the person signing is not the landlord. Don't think there's a test case in a senior court on this issue.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    Comment


      #3
      Don't worry unduly. A judge will find a some excuse just because you are a landlord. Have a look at the nonsense I endured a couple of years ago: https://forums.landlordzone.co.uk/fo...culous-judges=

      If this happens, you will have to write to the court to point out the error of their ways.

      Comment


        #4
        Form 6a doesn't appear to have been updated by Theresa since at least December 2016 see
        https://www.gov.uk/guidance/assured-tenancy-forms

        But it seems a mess and it would seem wise to ensure any Form 6a served by an agent also includes LL name & address, if only to avoid problems.
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Originally posted by theartfullodger View Post
          Form 6a doesn't appear to have been updated by Theresa since at least December 2016 see
          https://www.gov.uk/guidance/assured-tenancy-forms
          There has not been an amendment to Form 6A since it came into force on 1 October 2015.* You can see from the gov.uk page history that the change made in December 2016 was to Form 3.

          * It was amended once before it came into force, and the commencement of that was a day before the form itself came into force.
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          Comment


            #6
            MA sent me a copy of Form 6A he served. He answered all Qs required on Form and ticked the box declaring he was acting as agent for LL. He also provided his full Office address.
            I will want to complete a PCoL & will pay the fee, which I don't want to waste, so what will PCoL determine?
            MA has agreed to serve valid s8 g 8,10,11 if I am concerned about missing LL details on Form 6A.
            I thought LL or Agent could serve s21 on T, but only LL or Solic could attend Court.
            Advice please.

            Comment


              #7
              The issue with the form is well know since it came out, and yet MHCLG has never amended it so it must be their view that the issue isn't fetal.

              Nowhere in HA1988 s21 does it state that a notice must include the landlord's address, and the lack of one don't seem to have ever been an issue before Form 6A came along. While the section header of the form does state name and address of landlord, the space where one is supposed to fill in stuff are also part of the prescribed form, so it's entirely fair to argue that one can only fill in info where there's space designated for one to do so.

              So.... just go for it. If a judge say no, write back like JK0 did and point out that the prescribed form have been completed as made by the Secretary of State.
              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

              Comment


                #8
                Originally posted by mariner View Post
                I will want to complete a PCoL & will pay the fee, which I don't want to waste, so what will PCoL determine?
                PCOL is just an automated system that allows you to complete the application and seek a hearing date online. The District Judge will expect to see copies of the papers, in evidence, at the hearing. If there is an issue, it won't arise until then, and it is the DJ you will need to persuade. If it doesn't go your way, I really can't see what could be achieved by 'writing to the court' - your remedy would be to appeal the decision to dismiss your application, a rather more involved matter.

                Comment

                Latest Activity

                Collapse

                • Can I ask for a doctors note
                  michael james
                  Hello, I am looking for advice regarding a tenant who initially told me in December that he had been in hospital for 2 weeks for an operation on his nose and would not be able to pay his rent until January 2017 saying he will have to stay in hospital longer another 2 weeks at their request and as a...
                  18-01-2017, 11:39 AM
                • Reply to Can I ask for a doctors note
                  michael james
                  Hello all, I have phoned the police regarding the room but they are saying it is a civil matter if the tenant occupies the room. They said I could change the locks but they just advised both me and my tenants to phone them if there are any more incidents. My tenants are not going to do this again as...
                  23-02-2019, 10:05 AM
                • Gifted appliances
                  Commonsense
                  I hope I’m ok to ask a question as a tenant here! I have lived in a rented property for almost ten years. It’s rented from a large housing association at market rate rent on an assured shorthold tenancy. Within the rent, we pay a service charge of about £30 a month for maintenance of landscaping,...
                  22-02-2019, 10:40 AM
                • Reply to Gifted appliances
                  nukecad
                  HA's do have to carry out GSC's, although some don't seem to think so and subsequently get into trouble for not doing them:

                  http://www.agsm.uk.com/as-a-number-o...for-providers/

                  Even if they remove the appliances and cap off the pipe they still have to have that inspected....
                  23-02-2019, 09:49 AM
                • MCOL contested, gone to mediation, no reply from T
                  Berlingogirl
                  Just a quick question - I made a MCOL, which has gone to meditation due to T's request. If the T does not respond to the mediator to agree the date within the given time does the claim go to an actual court or can I request judgment via MCOL?...
                  23-02-2019, 09:30 AM
                • Reply to Gifted appliances
                  Berlingogirl
                  I'd be interested to know too....
                  23-02-2019, 09:22 AM
                • Giving Notice
                  jasper74
                  Hello, this is my first post.

                  I am about send a notice to quit to my tenants, they have been there for over 3 years. The tenancy began on the 27th day of the month. My question is, does it have to end on the 27th or can it end on any day of the month, say the 2nd?

                  Thanks...
                  22-02-2019, 20:18 PM
                • Reply to Giving Notice
                  mariner
                  You think?
                  You should also include 'Info reqd from new posters' from the stickies.
                  23-02-2019, 04:24 AM
                • Help with bad landlord
                  SacreLao
                  I have a friend who has rented a property on an assured shorthold tenancy for 3 years now. The tenancy has long expired and so has automatically converted into a periodic tenancy.

                  Recently following an inspection the boiler in the property was condemned and switched off as a result. She...
                  21-02-2019, 16:00 PM
                • Reply to Help with bad landlord
                  KeepTheFaith
                  She seems to have her own ideas of how the law works, else she is trying to convince you that's how the law works.

                  You have told her she can't just write that she is putting it up without your friends agreement and your friend doesn't have to leave if she doesn't pay the increase. No need...
                  23-02-2019, 01:09 AM
                Working...
                X