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.

    I do not answer questions through private messages which should be posted publicly on the forum.

    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.

          I do not answer questions through private messages which should be posted publicly on the forum.

          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.

              I do not answer questions through private messages which should be posted publicly on the forum.

              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

                • Grade 2 listed - requirement for an EPC
                  HantsAgent
                  I have a potential client who wants me to rent his Grade 2 listed barn conversion. It's a lovely property and he currently has it on the market for sale with another agent.

                  They currently have an EPC for it (even though I don't think they needed one) and it's score is F.

                  After...
                  02-05-2019, 20:00 PM
                • Reply to Grade 2 listed - requirement for an EPC
                  AndrewDod
                  I wonder how many perfectly good buildings (and cars, and fridges, and light fittings) have been scrapped or destroyed as a result of these environmental evangelists. I suspect they are responsible for a great deal of environmental destruction (both planetary destruction and destruction of our infrastructure)....
                  19-07-2019, 22:39 PM
                • HMO trouble!
                  Jamesp1986
                  Hi everyone,

                  I've been renting a property out to a family and one of their friends for the last 2 years. The council have just told me that I should have applied for an HMO licence for the property as it now fits under new HMO rules. The problem is, that I remortgaged the property as a...
                  19-07-2019, 18:43 PM
                • Reply to HMO trouble!
                  AndrewDod
                  a) Inform the mortgage company "I have been inadvertently fallen within a potential category of HMO through no wish of my own. My understanding is that it remains a single-let tenancy as there is only one AST and one single joint tenant. I am taking steps to evict the tenants as soon as possible....
                  19-07-2019, 22:24 PM
                • Reply to HMO trouble!
                  KTC
                  Single-let doesn't necessarily mean a single family, and HMO doesn't necessarily mean multiple tenancies. It's perfectly possible to be both single-let and HMO.

                  What's the definition of single-let in your mortgage? If it just mean a single tenancy, is that what you have? If not, then you...
                  19-07-2019, 21:36 PM
                • S21 confusion documents not issued prior
                  blinko
                  Guys I have a question .

                  I issued a tenancy in april 2016 the tenancy agreement was signed. I gave keys to the tenancy 1st march 2016 and protected the deposit and gave him relevant paperwork BUT I didnt get any proof I issued the paperwork.

                  So 20th april i re did everything...
                  19-07-2019, 11:11 AM
                • Reply to S21 confusion documents not issued prior
                  blinko
                  Of course but the challenge is not that the safety is is not being observed because for example consider the gas equipment to be faulty in the property blows up house burnt down everybody loses so so for me I would like to think that this is common sense.

                  requesting here appears to be and...
                  19-07-2019, 21:11 PM
                • Reply to S21 confusion documents not issued prior
                  KTC
                  I have to respond to this.

                  Whether you are pro-landlord or pro-tenant, the safety of the occupiers are a hell of a lot more important than the ability of a landlord to evict a tenant without grounds....
                  19-07-2019, 20:48 PM
                • Reply to HMO trouble!
                  alex1
                  The general rules for HMOs in England and Wales are described at https://www.gov.uk/house-in-multiple-occupation-licence:

                  [/LIST]So assuming that the friend of the family counts as a separate household, if there’s five or more people in the property, you probably need a licence. If there’s...
                  19-07-2019, 20:43 PM
                • Reply to S21 confusion documents not issued prior
                  blinko
                  Thanks for your thoughts guy is so yeah this is correct that for sure I am not able to prove that I served the correct documents prior to the tenant moving in and I have served them on three other occasions since as we have renewed the ast everything has been renewed including the positive being we...
                  19-07-2019, 20:30 PM
                Working...
                X