Form 6A Notice Seeking Possession of a Property Let on an Assured Shorthold Tenancy - United Kingdom

How to Fill in Form 6A?

The pages of Form 6A contain legal provisions that govern eviction. Read them carefully to learn whether you can evict the tenant without a proper explanation. The tenant, in their turn, can examine the guidelines to find out their next step once the notice is delivered, particularly if they may become homeless afterward. Here is how to prepare the 6A Form:

1. Identify the only tenant or write down the names of multiple tenants if the property is currently occupied by several people.
2. Indicate the day on which the other party must comply with your wishes and vacate the premises. Note that this date must give the tenant enough time to leave - you cannot demand them to move out of the house or apartment on the next day after notifying them about the eviction.
3. Record the address of the premises in question and confirm you are going to take further steps if you choose not to give up possession.
4. State your name and address. Sign and date the document. Tick the box to specify whether you are preparing this form as the only landlord, joint landlord, or the landlord's representative. All landlords must sign the document and add their telephone numbers in case the tenant has any questions or issues they would like to discuss.

How to Serve a Section 21 Notice?

There are different ways to notify the tenant about the upcoming eviction with the Section 21 Notice:

1. Personally hand the document to the tenant. You need to put the form in the envelope and address it to the individual in question. However, in this case, you have to find a witness who will verify the papers were delivered - try to find a person who does not have a personal interest in the property, preferably, a local official.
2. Bring the notice to the tenant's address. Once again, you need to do it in the presence of a witness.
3. Use a professional service that handles notices - this way you will obtain proof of service which may come in handy in court.
4. Send the documentation via traditional mail or email. If you file the notice online, it will be valid on the next working day unless you manage to send it before 4.30 pm. A traditional mail notice is usually delivered in two days after you visit the post office if it is a working day - it is considered the safest way to make sure the notice reaches the tenant plus you obtain proof of postage you can use in case there are disagreements or disputes in the future.

What Makes a Section 21 Notice Invalid?

In certain cases, Form 6A does not have a legal effect - even if it is given to the tenant and the landlord has every intention to take their property back, the tenant may challenge the eviction provided that they have grounds for that. Section 21 Eviction Notice will be deemed invalid in the following circumstances:

1. The notice is served to the tenant in the first four months of the duration of the original agreement.
2. The landlord did not use the latest edition of Form 6A for the tenancy that began during or after October 1, 2015.
3. The notice does not give the tenant sufficient time to leave the premises.
4. The landlord chose not to return the deposit or overcharged fees before notifying the other party about the eviction.
5. The landlord did not send the tenant copies of the certificates that confirm the energy efficiency of the property or the safety of its gas appliances.
6. The landlord simply mailed the notice without obtaining a private license from local authorities if such a license is required by law.
7. The notice was delivered after the tenant composed a formal complaint to the landlord about the current conditions of the property - the landlord must improve the premises or handle emergency works before eviction.