Is the gov.uk Form 6A still valid?

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  • mariner
    started a topic Is the gov.uk Form 6A still valid?

    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?

  • StuartH
    replied
    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.

    Leave a comment:


  • KTC
    replied
    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.

    Leave a comment:


  • mariner
    replied
    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.

    Leave a comment:


  • KTC
    replied
    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.

    Leave a comment:


  • theartfullodger
    replied
    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.

    Leave a comment:


  • JK0
    replied
    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.

    Leave a comment:


  • KTC
    replied
    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.

    Leave a comment:

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