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Landlords - Are you issuing the Correct Documents?

Article thanks to ARLA PropertyMark - https://www.arla.co.uk/news/may-2019/updated-versions-of-how-to-rent-guide-and-form-6a.aspx

 

To coincide with the introduction of the Tenant Fees Act 2019, the Government has launched a new version of How to rent - the checklist for renting in England as well as a new Form 6a in relation to Housing Act 1988, Section 21.

With immediate effect, all letting agents and landlords must ensure they are issuing the updated version of the How to Rent: the checklist for renting in England when tenancies start or are renewed.

Landlords cannot use the Section 21 (no fault) eviction procedure unless an up to date version of this guide has been provided to the tenant.

Since October 2018, all landlords and letting agents that wish to serve their tenants with a Section 21, or ‘no fault’ eviction must:

  • Ensure that they have issued a How to rent: the checklist for renting in England guide either digitally or as a hard copy;

  • Provide tenants with an up to date Gas Safety Certificate;

  • Issue the property’s Energy Performance Certificate (except where the property isn’t required to have one such as letting a room on a single Assured Shorthold Tenancy in an House of Multiple Occupation [HMO]);

  • Give tenants the Prescribed Information relating to the protection of their deposit (which must be protected);

  • Where the property is licensed, provide a copy of the licence to all of the property’s tenants.

All of these documents need to be the most up-to-date versions for the eviction notice to stand.

new version of Form 6a has been published in order to stipulate that a landlord cannot serve a Section 21 notice if they have taken a Prohibited Payment from a tenant and that payment has not been refunded in full.

The new Form 6a must be used from 1 June 2019.

Failure to use the correct documentation, may inhibit the landlord's claim to recover possession of a property.

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