New Section 21 6a form served, incorrectly? | The Tenants' Voice
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New Section 21 6a form served, incorrectly?

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819 views 1 replies latest reply: 19 April 2016
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Tenant

I have been served a section 21 Form 6a, because I am refusing to pay a rent increase.

My tenancy is 12 monts AST, starting on 11 April 2015, ending 10 April 2016. The form 6a is new, the relevant laws coming on oct 2015. The form says that it is optional to use on tenancies started before oct 2015, but is required on tenancies started after oct 2015.

No problem with that, the agent has chosen to use that form. But if he uses form 6a, he must abide  by its terms, right?

(c) where the landlord has not provided the tenant with an energy performance certificate, gas safety certificate or the Department for Communities and Local Government’s publication “How to rent: the checklist for renting in England” (see the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015);

Got the energy performance cert, the place is not fitted for gas, so that isn’t relevant. But I have never been given a copy of “How to rent: the checklist for renting in England”

So even though my tenancy started prior to the legislation coming in, by using this form, he has to have given me a copy of that leaflet I think. He COULD have given me one at the time he served the section 21 legitimately I think.

By not ensuring I have that, isn’t this Section 21 6b invalid?

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Agent

Hi Jacobiant,

Spot on- he could have served a standard S21 but, as he didnt, he was required to ensure you had the government form. As such, the notice is invalid Of course, you are entitled to accept the notice if you wish- but are not obliged to.

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