New Evictions Paperwork Compulsory from 1 October

From 1 October, landlords and letting agents are required to use new forms when dealing with Section 8 and Section 21 Notices. It’s crucial that any notice deemed as served from this date uses the new court paperwork to evict a tenant, otherwise it will not be valid.

With evictions legislation reverting to its pre-pandemic status, new versions of the Section 8 and Section 21 Notices must be used from 1 October.

Propertymark has helpfully provided a reminder of the evictions situation over the past few months:

From June 2021 – most possession notices needed at least four months’ notice for Section 8 or Section 21 Notices in all but the most serious cases.

From August 2021 – notice periods for non-serious rent arrears, where less than four months’ rent is due, were reduced to two months.

From October 2021 – the notice period required for Section 21 drops to two months, and for Section 8 it reverts to just two weeks, based on rent arrears grounds 8, 10 and 11.

Propertymark says, “Both the Form 6A (Section 21) and the Form 3 (Section 8) are prescribed forms, so landlords must ensure they use the correct version before service.

Landlords and letting agents should be aware that where current court paperwork to evict a tenant is not deemed as served until 1 October 2021, the form will be incorrect and the notice will therefore be invalid.

The notes for Form 3 (Section 8) will migrate onto a separate document, which will be uploaded alongside Form 3, as has already been the case with Form 6A (Section 21). Information for the tenant will also be included at the beginning of the forms.

Form 3, notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy, should be used where possession of accommodation let under an assured tenancy, an assured agricultural occupancy or an assured shorthold tenancy, is sought on one of the grounds in Schedule 2 to the Housing Act 1988.

Form 6A, for a no fault possession notice on an assured shorthold tenancy, should be used where a no fault possession of accommodation let under an assured shorthold tenancy is sought under section 21(1) or (4) of the Housing Act 1988.

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