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A new set of ‘prescribed forms’ that landlords must use when proposing various actions have been published by the Government. They include ‘Form 3’ giving notice seeking possession of a property let on an assured shorthold tenancy on one of the grounds set out in Schedule 2 to the Housing Act 1988.
There are nine forms available and Form 6A, giving notice seeking ‘no fault’ possession of a property let on an assured shorthold tenancy (section 21(1) or (4) of the Housing Act 1988).
Failure to serve the correct form may invalidate the action that is being proposed, the Government explains. ‘You may not alter the wording in these forms unless a form says you may do so. If you alter the wording, the form may be invalidated. You must also comply with any notice periods set out in the form’.
The forms 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, and Notes for form 6A
- 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
Revised guidance for private landlords explaining how the possession action process works has also been published, alongside similar guidance for tenants and social landlord.
Understanding the possession action process: A guide for private landlords in England and Wales includes advice on the new arrangements in the county court that were introduced on 21 September 2020 in recognition of coronavirus issues.