Find a Solicitor to help with Form 6a Eviction

Form 6a Eviction

If you are a landlord looking to serve a no-fault possession notice on an assured shorthold tenancy in England, you must use Form 6A.

This form is a 'prescribed form.' That means the wording of the form has been carefully drafted to ensure that you and your tenants understand what is being proposed and what they may do in response.

If you do not serve the correct form, or alter the wording in any way, you may invalidate the action that is being proposed. Therefore, it's important to get it right the first time.

• What is Form 6a?
• When can a landlord use Form 6a?
• How much notice must be given with Form 6a?
• What must a landlord do before serving Form 6a?
• Can Form 6a be used for all types of tenancies?
• Can a landlord use Form 6a if they haven't protected the tenant's deposit?
• Can Form 6a be served during the fixed term of a tenancy?
• What happens after Form 6a is served?
• How long is a Section 21 notice with Form 6a valid for?
• Can Form 6a be used to evict tenants for rent arrears?
• Is there a specific format for Form 6a?
• How does a landlord apply for a possession order after serving Form 6a?

At Lawhive, our network of landlord and tenant solicitors is on hand to help you complete and serve Form 6a correctly to avoid problems or delays. They can also advise on the appropriate notice periods set out in Form 6a to make sure you comply with relevant legal requirements.

For fast, affordable help in completing Form 6a, contact us today and get a fixed-fee quote for the services of a specialist lawyer.

What is Form 6a?

Form 6a is a prescribed form that must be used where possession of accommodation let under an assured shorthold tenancy (AST) is sought under section 21 (1) or (4) of the Housing Act 1998.

In plain English, that means, if a landlord wants to carry out a no-fault eviction, they must use this form, or a document setting out the same information to give notice to the tenant.

When can a landlord use Form 6a?

Landlords can use Form 6a at the end of a fixed-term tenancy agreement, or during a tenancy with no fixed end date, as long as it's been more than 4 months since the tenancy started.

Landlords can't use Form 6a if:

• It's been less than 4 months since the tenancy started.
• The property is an HMO and requires a license
• The tenancy was granted on or after 6th April 2007 or is a statutory periodic tenancy that arose on or after that date and the landlord has not complied with the relevant tenant deposit protection legislation.
• The local authority has served an improvement notice or an emergency remedial notice within the last 6 months
• Prohibited payments or a holding deposit were taken from the tenant and have not been repaid

How much notice must be given with Form 6a?

If a tenant is entitled to the statutory 2-month's notice, Form 6a can be relied on to commence possession proceedings for 6 months starting on the day it is given to the tenant.

If the tenant is entitled to a longer notice period under the terms of a periodic tenancy agreement, Form 6a can be relied upon for 4 months beginning with the date specified in section 2 of the form as being the date after which possession is required.

What must a landlord do before serving Form 6a?

Landlords should provide tenants with a copy of the 'How to rent' checklist unless they are a private registered provider of social housing or the tenant entered into occupation of the property under a previous tenancy and the landlord has already provided an up-to-date version of the guidance.

For tenancies which started on or after 1st October 2014, the landlord must also provide the tenant with:

• An Energy Performance Certificate; and
• A current gas safety certificate if the property has gas appliances installed.

Can Form 6a be used for all types of tenancies?

Form 6A can only be used for assured shorthold tenancies, the most common type of tenancy in England.

Regulated tenancies and those governed by the Rent Act 1977 have different processes for ending a tenancy.

Can a landlord use Form 6a if they haven’t protected the tenant’s deposit?

Landlords can't use Form 6A if they haven’t complied with tenant deposit protection compliance legislation. 

Tenant deposits must be protected in a government-registered scheme and landlords need to have shared the details of this with tenants within 30 days of their tenancy starting. 

If the landlord didn’t do this in time, the only way they can serve a Section 21 Notice is by returning the deposit to the tenant. Then, they can use Form 6a.

Can Form 6a be served during the fixed term of a tenancy?

Form 6a can be served during the fixed term of a tenancy, but only after the tenant has occupied the property for more than four months. 

Landlords can also serve the notice after the fixed term has expired if there is a written contract.

What happens after Form 6a is served?

After a Form 6A is served the 2-month notice period is triggered.

Tenants then have the following options:

• Leave the property during the notice period.
• Challenge the notice within 14 days of receiving it. 
• Stay at the property and contest the notice by starting possession proceedings in court.

Tenants should seek advice as soon as possible if they have been served with Form 6a to fully understand their rights and legal standing.

How long is a section 21 notice with form 6a valid for?

Landlords have 6 months from serving a Section 21 notice to start repossession proceedings.

If proceedings aren’t started within this timeframe landlords must serve a new notice to evict a tenant.

Can Form 6A be used to evict tenants for rent arrears?

Form 6A can be used by landlords in England to regain possession of their property from tenants. It is not designed for evicting tenants for rent arrears. 

A Section 8 notice is usually used by landlords when applying to the court for possession of their property in the case of rent arrears. It is commonly used when tenants have not paid rent for three months.

Is there a specific format for Form 6a?

Form 6A is a prescribed form and can be downloaded from the government website.

The wording of this form has been carefully drafted and landlords should not change the wording unless told to do so.

As such, it is strongly recommended that landlords use the prescribed forms to make sure they comply with the law.

That being said, it is possible to serve tenants with an alternative document providing it sets out the same information.

How does a landlord apply for a possession order after serving form 6a?

If a landlord has served Form 6A and the tenant hasn’t left by the specified date they can make a possession order claim by applying to the court for a possession order. Landlords will need to include documents supporting their claim. 

Tenants can choose to defend the claim, make a counterclaim, or ask for extra time to vacate (in cases of extreme hardship). When a tenant submits a defence, a copy is sent to the landlord. 

If a judge grants a possession order and the tenant doesn’t leave you will be able to apply for a warrant or writ of possession.

Get help with Form 6a from a licensed solicitor

To legally evict a tenant, landlords must follow the correct procedures and rules. Failure to do so can result in delays to the process, or make it difficult to regain possession of a property.

At Lawhive, our network of landlord and tenant lawyers is on hand to help advise you on the correct process you should take to evict a tenant and support you in serving notice should you need it.

To get started, schedule your free case evaluation with our Legal Assessment Team who will help you understand the best course of action relating to your matter and provide you with a fixed-fee quote for the services of a specialist lawyer.

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