You can serve a Notice Seeking Possession upon tenants who have an assured shorthold tenancy using either a Form 6A (if not seeking judgment for any rent arrears) giving 2 months notice, or Section 8 notice (if wish to pursue a judgment for rent arrears) giving 2 weeks notice specifying which terms of the tenancy that have been broken.
Implications of the Deregulation Act 2015
Since 1st October 2015:
A Form 6A is valid for six months only
A Form 6A cannot be served during the first four months of the initial tenancy
From 1st October 2018 Form 6A must be used rather than the former section 21 notice, regardless of start/renewal date of the tenancy.
Improvement Notices for Disrepair
You will be unable to serve a Form 6A for 6 months if the council environmental health department inspects your property and serves you with an ‘Improvement Notice’. These notices are served if a serious hazard is found and repairs are ordered. Minor issues raised by malicious or devious tenants will not result in an Improvement Notice being served upon you.
If your tenant has previously complained about repairs mentioned in the Improvement Notice, any Form 6A served from the date of the initial tenant complaint up to the receipt of the council’s Improvement Notice will also be invalid.
The Deregulation Act 2015 requires you to deal with a tenant complaint within 14 days, your response must state how you intend to deal with the complaint and give a reasonable timescale for completion.
You are also unable to serve a Form 6A if:
Your property is categorised as a house in multiple occupation and does not have a HMO licence from the council.
The tenancy started after April 2007 and you have not put the tenants deposit in a deposit protection scheme.
You have not provided to the tenants prior to or upon commencing the tenancy a copy of the Energy Performance Certificate, the current gas safety record for the property and the governments ‘How to Rent’ guide.