Legislation that came into force on 6 April 2015 means that landlords in England who are issuing certain forms relevant to part 1 of the Housing Act 1988 must use new prescribed versions, or risk the forms being inadmissible in court.
From April old section 8 format will be thrown out of court
This includes section 8 eviction notices. With effect from 6 April, if such a notice issued in the old format, the landlord issuing it risks having his or her case thrown out of court.
Use the new section 8 forms with immediate efect
Landlords in England are advised to use the new forms for new possession claims with immediate effect, and in addition, to replace the forms for archived or ongoing possession claims. Landlords in Wales, meanwhile, must continue to use the old forms.
Other landlord forms have been updated also
In addition to section 8 notices, the following prescribed forms have also been updated:
- Section 6 (2) notice proposing new terms for a periodic tenancy
- Section 6 (3) application referring a section 6 (2) notice to tribunal
- Section 13 (2) notice proposing a new rent
- Section 13 (2) proposing a new rent or license fee for an agricultural tenancy
- Section 13 (4) application referring a section 13 (2) notice to tribunal
- Section 22 (1) application to tribunal for a determination of rent
- Schedule 2A paragraph 7 proposal by tenant to change an assured tenancy to an assured shorthold tenancy
- Schedule 2A paragraph 9 proposal by landlord to implement an assured shorthold tenancy where the conditions for an assured agricultural occupancy are met
The new forms can be found in the schedule to the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015