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1 September, 2020 Open access

Change to prescribed form for notice of seeking possession under section 21 of the Housing Act 1988

New statutory instrument makes provision for new form following changes made by Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020

New regulations have been issued in relation to a change to the prescribed form (Form 6A) for a notice of seeking possession of a property let under a shorthold assured tenancy in England under section 21 of the Housing Act 1988.

In force from 2 September 2020, the Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) and Suspension (Coronavirus) Regulations 2020 (SI.No.924/2020) suspend paragraph 12(2) of Schedule 29 of the Coronavirus Act 2020 and prescribe a new Form 6A by amending the Schedule to the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015.

NB - the explanatory memorandum to the regulations advises that -

'The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020 [SI.No.914/2020] were laid on 28 August 2020 and came into effect on 29 August 2020. This extended provisions in Schedule 29 of the Coronavirus Act 2020, which included a provision lengthening the amount of time a landlord has between serving the notice under section 21 of the Housing Act 1988 and issuing proceedings for possession relying on that notice. The Regulations did not make provision for this change to be made to the prescribed forms, and so this instrument will correct this by prescribing a new form of notice.'

SI.No.924/2020 is available from legislation.gov.uk

Update (8 September 2020) - the Ministry of Housing, Communities and Local Government has written to all Chief Executives, Chief Housing Officers and Chief Officers for Children’s Services of Local Authorities in England providing further guidance on the Regulations.