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Latest assured tenancy forms published by the Ministry of Housing, Communities & Local Government remind landlords that they cannot rely on Section 21 in all circumstances.
They cannot use this form of ‘no fault’ eviction during the first four months of a tenancy, in cases of ‘retaliatory eviction’, where they have not provided the tenant with an energy performance certificate, gas safety certificate or the Ministry of Housing, Communities and Local Government’s publication How to rent: the checklist for renting in England, where the landlord has not complied with the tenancy deposit protection legislation, or where the property requires a licence but is unlicensed, or where the landlord is prevented under section 17 of the Tenant Fees Act 2019.
There are 10 updated forms in the latest batch. They are:
- Tenancy form 1: notice proposing different terms for a statutory periodic tenancy
- Tenancy form 2: application referring a notice proposing different terms for a statutory periodic tenancy to the Tribunal
- Tenancy form 3: notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy
- Tenancy form 4: landlords’ notice proposing a new rent under an assured periodic tenancy of premises situated in England
- Tenancy form 5: landlords’ or licensors’ notice proposing a new rent or licence fee under an assured agricultural occupancy of premises situated in England
- Tenancy form 6: application referring a notice proposing a new rent under an assured periodic tenancy or agricultural occupancy to a Tribunal
- Tenancy form 6A: Notice seeking possession of a property let on an assured shorthold tenancy
- Tenancy form 7: application to the Tribunal for a determination of a rent under an assured shorthold tenancy
- Tenancy form 8: tenants’ notice proposing that an assured tenancy be replaced by an assured shorthold tenancy
- Tenancy form 9: landlords’ notice proposing an assured shorthold tenancy where the tenancy meets the conditions for an assured agricultural occupancy
Updated forms to be used when seeking possession of secure tenancies have also been published.
Secure tenancies are the type of residential tenancy agreements used by local authorities in their own properties.