Agents beware: new possession and rent rise forms int...

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04 April 2016

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Agents beware: new possession and rent rise forms introduced this week

The government has updated the Section 8 and Section 13 forms which apply to private letting in England: they come into effect from Wednesday.

The section 8 notice (for which form 3 is used) is that invoked by many agents and landlords when a private tenant is in arrears by two months or more. This is the third update to the form in a year. The form used in Wales remains unchanged.

The section 13 notice (form 4) is used when rent is being increased for an existing tenant without the issuing of a new tenancy agreement.

Although the changes to both forms are relatively minor, concerning drafting and clarity, it is essential that these new forms are used as use of outdated documents could result in possession hearings or rent increases being regarded as invalid.

Changes have also been made to Form 5, which applies to agricultural tenancies.

Legal firms specialising in private lettings issues, and some letting agents’ and landlords’ organisations, are likely to have copies of the new forms available within the next few days.