Section 6, HA1988 provides:

(2)Not later than the first anniversary of the day on which the former tenancy came to an end, the landlord may serve on the tenant, or the tenant may serve on the landlord, a notice in the prescribed form proposing terms of the statutory periodic tenancy different from the implied terms and, if the landlord or the tenant considers it appropriate, proposing an adjustment of the amount of the rent to take account of the proposed terms. (3)Where a notice has been served under subsection (2) above,— (a)within the period of three months beginning on the date on which the notice was served on him, the landlord or the tenant, as the case may be, may, by an application in the prescribed form, refer the notice to [F1the appropriate tribunal] under subsection (4) below; and (b)if the notice is not so referred, then, with effect from such date, not falling within the period referred to in paragraph (a) above, as may be specified in the notice, the terms proposed in the notice shall become terms of the tenancy in substitution for any of the implied terms dealing with the same subject matter and the amount of the rent shall be varied in accordance with any adjustment so proposed.

I gather this is most often used by landlords to propose rent increases, and that tenants, not knowing their rights, often don't realise that they can contest these in the tribunal. But having seen the section, I'm wondering if it can be used in the reverse direction. Although, I'm also guessing that the prescribed form, whatever it is, also quite clearly explains the recipient's rights with respect to challenging the proposal in tribunal.

1 Answer 1



The prescribed form - Form 1 on the official list of such documents, entitled "Notice proposing different terms for a Statutory Periodic Tenancy" - makes clear that it can be issued by either the landlord or the tenant.

The form also states:

If you don't agree with the proposed terms and any adjustment of the rent [...], and you are unable to reach agreement with your landlord/tenant, or you do not wish to discuss it with him/her, you may refer the matter directly to the tribunal, before the date specified [...], using the form headed Application referring a Notice proposing different terms for a Statutory Periodic Tenancy to a Tribunal

The specified date, which appears earlier in the document, "must be at least three months after the date on which this notice is served." - hence confirming that if you don't contact the tribunal within that period, the proposed terms become binding.

The specified form is number 2 on the list linked above.

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