Removing Tenants (Section 21 Notice - Form 6A)

Removing tenants under an Assured Shorthold Tenancy (AST) in England can be a complex process. A crucial document in this procedure is the Section 21 Notice Form 6A, often referred to as “6a form section 21.” This notice is designed to reclaim possession without assigning fault to the tenant. In this comprehensive guide, we explain what the Section 21 Form 6A is, how to serve it properly, and what to expect throughout the process. We also address preconditions for validity, the role of government guidance, and potential reforms to keep in mind.

The Purpose of Form 6A

In England, private landlords who rent out property under an Assured Shorthold Tenancy (AST) have a legal framework to recover possession. One principal route is via a Section 21 notice, famously known as the “no-fault” eviction notice. Section 21 Notice Form 6A is the standard document prescribed by the government for serving this type of notice. According to Gov.uk guidance, the most current version of the form must be used to avoid invalidation. Landlords often turn to the section 21 notice form 6a procedure to regain possession at the end of an AST or during a periodic tenancy, provided all prerequisites are met.

This article delves into the history and purpose of a Section 21 notice, the specific role of Form 6A, and the correct way to serve it. We will also address key elements such as documentation, timing, and important exceptions. You will discover how to comply with the rules set out by official sources, including Form_6A_1_Oct_2021.odt , the official template published by the government. We will also reference The Independent Landlord for practical interpretations and other resources to guide you through best practices.

With the housing landscape in England frequently under review, it is imperative to remain compliant with the latest legal requirements. Whether you are a landlord seeking to repossess your property or a tenant wanting to understand your rights, this guide covers everything from drafting and serving the 6a form section 21 notice to handling potential legal pitfalls.

1. The Purpose and Legal Framework of a Section 21 Notice

The Section 21 notice is typically the first stepping stone for a landlord who intends to reclaim possession of their property without citing a specific fault of the tenant. It stems from the Housing Act 1988, serving as a means to conclude an AST either at the end of a fixed term or during a periodic tenancy.

1.1 Evolution of Section 21

The Housing Act 1988 introduced Assured Shorthold Tenancies, aiming to stimulate the private rental sector. Over time, the government refined procedures to provide clarity, prevent abuses, and align with modern standards, eventually leading to the introduction of Form 6A in 2015.

While the act intended to offer landlords a straightforward route to reclaim their properties, policymakers have also balanced the need to protect tenants from unfair evictions. Thus, legislation specifies strict prerequisites for delivering and validating a Section 21 notice, including the timing of service, protection of tenant deposits, and the provision of required documentation like Gas Safety Certificates, Energy Performance Certificates (EPC), and the How to Rent guide.

1.2 The No-Fault Principle

The “no-fault” aspect is a hallmark of Section 21. Unlike Section 8 which demands a landlord demonstrates specific grounds for eviction, Section 21 only requires compliance with procedural rules. However, the government continues to deliberate changes that may limit or abolish the use of no-fault evictions. For now, it remains valid, especially when landlords serve the correct section 21 form 6a.

Despite its no-fault nature, procedural compliance is critical. Failing to serve the form 6a s21 notice correctly, or meeting all statutory conditions, renders the notice invalid, potentially causing time-consuming setbacks.

2. Understanding Section 21 Notice Form 6A

As of October 2015, landlords in England must use Form 6A for any Section 21 notice served on an AST. The form has undergone periodic updates, the latest of which can be found in the government’s October 2021 version . Using an outdated version or altering the prescribed text can invalidate your notice.

2.1 Key Elements of the 6A Form Section 21 Notice

Form 6A prescribes the specific wording and layout required by the courts. Although minor formatting changes might be permissible (for instance, to adapt branding or letterheads), the statutory content must remain intact.

Prescribed Information: The form outlines information such as property address, date of notice, landlord’s name and address, and the tenant’s name.
Statutory Warnings: An overview of legal rights and obligations for both landlord and tenant is explicitly listed, emphasising the significance of deadlines and legal protection for tenants.
Notice Period: The form clarifies how much time the tenant has before court proceedings can begin, typically two months (subject to some exceptions during or after COVID-19 legislative changes).

2.2 Validity Requirements

Even a properly filled-out section 21 notice form 6a can be deemed invalid if mandatory prerequisites are not fulfilled. These conditions, cited in Gov.uk guidance , include:

Deposit Protection: The tenant’s deposit must be in a government-approved scheme, and you must have given the tenant the prescribed information about it.
Provision of Required Documents: The tenant should have received a valid Gas Safety Certificate, Energy Performance Certificate, and the latest How to Rent guide (in a printed or electronic form) before serving notice.
Timing: The notice cannot be served within the first four months of the tenancy, and it must provide the tenant with at least two months’ notice. Additionally, the notice expires after six months if you have not initiated court proceedings.
Licensing Requirements: Where a property requires a selective, additional, or mandatory HMO licence, you must hold the correct licence (or have applied for one) before issuing the notice.

Failure to meet any of these can invalidate the notice, meaning you must start the eviction process again, causing further delays and costs.

3. Preconditions for Serving a Valid Section 21 Form 6A

Before diving into the practicalities of filling out the 6a form section 21, landlords should ensure they meet every condition required by law. Below, we break down these prerequisites in greater detail.

3.1 Deposit Protection

According to the Housing Act 2004, any deposit taken in an AST must be secured in a government-backed Tenancy Deposit Protection (TDP) scheme. Landlords must also provide tenants with the prescribed information about where and how their deposit is protected within 30 days of receipt.

If you do not protect the deposit correctly or if you fail to deliver the prescribed information on time—you cannot serve a form 6a s21 notice unless you have returned the deposit to the tenant in full or resolved the breach in another legally acceptable manner.

3.2 Statutory Documents

Landlords have a legal duty to provide specific documents to tenants, ensuring they are well-informed. These documents include:

Energy Performance Certificate (EPC): This informs tenants about the property’s energy efficiency. You must offer a valid EPC at the start of the tenancy.
Gas Safety Certificate: If the property has gas appliances, a valid Gas Safety Certificate must be given to the tenant at the start of the tenancy and renewed yearly.
How to Rent Guide: An up-to-date version of the government’s How to Rent guide should be given to each new tenant or whenever their tenancy is renewed. You can deliver this either physically or electronically.

Make sure to have proof of delivery for these documents. Courts often require evidence, such as a signed receipt or a record of email transmission.

3.3 Licensing and Local Authority Requirements

If your property is located in an area subject to selective licensing or if the property qualifies as a House in Multiple Occupation (HMO) that requires licensing, you must hold the correct licence (or have submitted an application) before issuing a section 21 form 6a. Local authorities have become more vigilant in checking licences, especially in regions with high demand for rental properties.

If you fail to secure the appropriate licence and still serve the 6a form section 21, the notice could be invalid. Always check with your local council to confirm if your property requires a licence.

3.4 Timing Restrictions

The timing rules around Section 21 ensure tenants are not evicted prematurely and that they have sufficient notice to find alternative accommodation. Key timing aspects include:

First Four Months Rule: A Section 21 notice cannot be served during the initial four months of an AST.
Two Months’ Notice: Generally, landlords must provide at least two calendar months’ notice to the tenant. Make sure you factor in postal delays if sending the notice by mail.
Six-Month Validity: Once served, the notice remains valid for six months. Court proceedings must commence before it expires, or you need to issue a fresh notice.

The COVID-19 pandemic introduced temporary extended notice periods, but as of this writing, the rules largely reverted to the pre-pandemic norms. Always check the latest government guidelines to confirm the current duration.

4. Step-by-Step Guide to Completing and Serving the 6A Form Section 21 Notice

Once you confirm you meet all prerequisites, the next stage involves accurately completing and serving the section 21 notice form 6a. Mistakes or omissions here can lead to costly delays.

4.1 Completing the Form

The official template for Form 6A can be found on Gov.uk and is updated periodically. The latest version, as of October 2021, mandates you to fill out the following:

Landlord Information: Provide your full name and address. If the property is co-owned, list all landlords’ names.
Tenant and Property Details: Include the tenant’s full name and the property address. Double-check spellings and ensure they match the tenancy agreement.
Start Date and End Date: Specify the AST start date and whether it is still fixed-term or has rolled into a periodic tenancy.
Notice Expiration Date: Insert the precise date by which the tenant must leave. Keep in mind the mandatory minimum notice period and the fact that proceedings must commence within six months.
Signature and Date: Sign and date the form. If there are multiple landlords, each should sign, unless one is authorised to sign on behalf of others.

Although you can type or handwrite the form, clarity is crucial. Illegible handwriting or crossing out statutory text can raise questions about the notice’s validity.

4.2 Serving the Notice

Serving the notice correctly is just as important as filling it out properly. Acceptable methods usually include:

Hand Delivery: Delivering the notice in person to the tenant or leaving it with someone at the property can be efficient, but ensure you keep a record.
Post: Sending by first-class post is common. Many landlords use recorded or special delivery for proof of postage, although standard first-class is also accepted. Keep copies of all documentation.
Email: Email is valid only if the tenancy agreement explicitly states that notices may be served electronically. Ensure you have delivery/read receipts.

The date of service influences the notice expiration date. If you post the notice, consider adding “two working days for service” to ensure compliance with statutory guidelines.

4.3 Calculating the Expiry Date

The notice must give tenants at least two months to vacate. However, you need to account for potential postal delays or weekends. Many landlords add a slight buffer (e.g., a few additional days) to avoid the notice being deemed short.

Here’s a brief example:

If you are serving the notice on 1 May via first-class post, consider the date of service to be 3 May. You then must provide two full months from 3 May, meaning the earliest lawful expiry date is 3 July.
Should 3 July fall on a weekend, you might set the expiry date as 5 July to circumvent disputes.

Precision in calculating dates can save you time and money, preventing the notice from being invalidated in court over technicalities.

5. What Happens After Serving the Section 21 Form 6A Notice?

Serving a form 6a s21 notice is not the end of the process. Tenants may choose to move out by the deadline, or they may remain in the property, necessitating court action.

5.1 Tenant Response and Negotiation

Tenants might contact you to negotiate more time or ask for clarifications. While not mandatory, you can negotiate if it serves your best interest. If a tenant commits to leaving slightly after the original date but spares you court action, that might be a practical compromise. Always confirm any mutual agreements in writing.

5.2 Court Proceedings

Should the tenant fail to vacate on or before the notice expiry, you can apply for possession through the accelerated possession procedure. This is typically quicker than the standard possession route since there is no dispute about rent arrears or misconduct (as in a Section 8).

To initiate accelerated possession, you need:

Correctly served Form 6A notice.
Evidence of compliance with deposit protection and statutory document delivery.
Court Fee: You must pay a fee to the court, typically in the range of £300+, although costs can vary over time.

If the court deems your Section 21 form valid, it usually grants a possession order without a hearing. However, if the tenant lodges a defence or the judge identifies irregularities, they may schedule a hearing or dismiss your claim.

5.3 Possession Order and Enforcement

A possession order gives the tenant a deadline to leave, often 14 days from the order date. If they still refuse to vacate, you can request a warrant of possession, allowing bailiffs to enforce eviction. This stage adds further time and fees, so many landlords hope the tenant will comply with the court’s possession order.

6. Common Pitfalls and How to Avoid Them

The section 21 notice form 6a process looks straightforward on paper. However, a minor error can derail your plans, forcing you to start the eviction process anew. Below are common issues landlords face and tips to mitigate them.

6.1 Incorrect Version of Form 6A

Using an outdated template is a frequent mistake. Always download the latest version from official sources . The government revised the form in 2021, so if you have a version older than that, your notice could be deemed invalid.

6.2 Failing to Provide Mandatory Documents

The absence of a valid Energy Performance Certificate, Gas Safety Certificate, or How to Rent guide at the start of tenancy may block you from serving a valid 6a form section 21. Always keep thorough records and, ideally, have the tenant sign an acknowledgment when they receive these documents.

6.3 Deposit-Related Errors

Some landlords wait to protect the deposit or forget to provide the prescribed information in time. Even a slight oversight in deposit protection can nullify your form 6a s21 notice. If you have not complied, rectify or return the deposit before serving.

6.4 Improper Service Methods

Tenants often dispute the date they received the notice, and sometimes that dispute can invalidate the notice if the timing is ambiguous. Hand-delivery with a witness, or first-class post with a certificate of posting, are common methods to establish a clear service date.

7. Potential Reforms and the Future of Section 21 Notices

The government has proposed several reforms aimed at modifying or outright abolishing the no-fault eviction route under Section 21. While these reforms are under debate, they reflect a broader shift toward stronger tenant protections.

Abolition of Section 21: Some proposals seek to remove no-fault evictions entirely, pushing landlords to rely on Section 8 if they want to regain possession. Landlords would need to establish legitimate grounds—like arrears or anti-social behaviour.
Enhanced Court Processes: To accommodate changes and potentially higher caseloads under Section 8, the government may streamline court processes, making it faster for landlords to evict in legitimate cases.
Local Authority Initiatives: Local councils often launch selective licensing schemes or improved mediation services, altering the landscape in which Section 21 notices operate.

For now, the section 21 notice form 6a remains a legal tool landlords can use. However, it is crucial to keep track of legislative developments. Consulting property law professionals, following reputable landlord associations, and regularly checking Gov.uk ensures you stay updated.

8. Best Practices for Landlords Serving a Section 21 Form 6A Notice

Beyond mere compliance, many landlords adopt proactive measures to maintain good relationships with tenants and secure a smoother possession process. Below are practical tips that can save time and legal headaches.

8.1 Thorough Record-Keeping

Maintain a well-organised archive of tenancy agreements, deposit details, receipts of Gas Safety Checks, EPC copies, and communications with tenants. If disputes arise, proper documentation is your best defence in court.

8.2 Early and Clear Communication

If you anticipate that you may need the property back at a certain date—for example, for refurbishment or selling—make this clear to tenants well in advance. Clear, respectful communication often leads tenants to move voluntarily rather than wait for court proceedings.

8.3 Seek Professional Guidance

Letting agents, solicitors specialising in landlord-tenant law, or membership with associations such as the National Residential Landlords Association (NRLA) can offer invaluable guidance. Legal advice is especially beneficial if your case involves complexities like disputed deposits, local licensing, or tenant reticence.

8.4 Consider Mediation

Sometimes an amicable resolution can be reached through mediation. This approach allows both landlord and tenant to voice concerns and possibly negotiate a move-out date that works for all, bypassing lengthy court cases.

9. Implications for Tenants and Their Rights

Although this article primarily addresses landlords, it is crucial to touch on tenant rights. Tenants receiving a section 21 form 6a notice should be aware of the following:

Challenging Invalid Notices: If you, as a tenant, suspect the landlord hasn’t complied with deposit rules or licensing, you can seek legal advice or assistance from charities like Citizens Advice or Shelter.
Final Date to Leave: The notice will specify a date by which you are expected to vacate. While you can lawfully remain until a court order is issued, it’s advisable to communicate with the landlord about your intentions.
Retaliatory Eviction Protections: There are additional protections if the tenant raised legitimate property condition concerns and the landlord responded by issuing a Section 21. In such cases, local councils can invalidate the notice if they deem it retaliatory.

Understanding your rights helps you navigate the eviction process. While you must comply with valid notices, you also have legal avenues if the notice is flawed.

Conclusion

Navigating the rules around section 21 notice form 6a can be straightforward if landlords adhere to all legal requirements. From deposit protection and mandatory documentation to correct service and timing, every step needs careful attention. Using the current version of Form 6A and keeping meticulous records will significantly reduce the risk of invalidation.

However, the legislative landscape is evolving, with proposals to phase out or reform no-fault evictions. While these changes remain under discussion, landlords must stay informed to maintain compliance. For now, 6a form section 21 remains a valid way to regain possession—provided it is served correctly and lawfully.

If you have doubts about any aspect of the process—be it deposit protection, licensing requirements, or serving the notice—professional advice is invaluable. By following the guidance outlined here, you will be in a strong position to handle the form 6a s21 notice procedure efficiently, avoid legal pitfalls, and uphold the rights of everyone involved.

Understanding and Serving a Section 21 Notice (Form 6A)