This email only affects the section 21 notices in England.
This email is further from our email that was sent to you on 12 August 19 explaining the reason as to why the section 21 Form 6A that The Ministry of Housing Communities and Local Government (MHCLG) had amended was not valid.
Training for Professionals can confirm that the MHCLG have agreed there were errors made by uploading the incorrect form and have now replaced this. Remember, the law dictates the content, not MHCLG.
However, the MHCLG have still made minor changes to the Form 6A in the law. These are:
Page 2, the last sentence “however it may nevertheless be used for all AST” (in the law) is now “ASTs” (in the MHCLG version). Whilst we agree this is grammatically better it is still not following the law.
Page 3, they have changed Citizens’ Advice Bureau (law) to Citizens Advice (MHCLG) and changed “take it to a Citizens’ Advice Bureau” to “take to Citizens Advice”
Page 4, the square tick boxes are now circle. We are not convinced this is significant.
So essentially the MHCLG have still not uploaded the correct Form 6A but it is much better. To emphasise, as the form 6A is a notice prescribed in law, there is no new section 21 notice in law until a new statutory instrument is passed.
We note that the wording in the Housing Act 1988 and associated legislation does not actually state that it is OK as long as what you give is “substantially like” the prescribed form.
We would recommend you either continue to use our section 21 Form 6a or download it from the link The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations 2019 as both of these are the legislation that is prescribed.
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