What is a section 6 notice?
A section 6 notice is a notice under which a landlord can propose new terms to a Statutory Periodic Assured Shorthold Tenancy to imply new terms substituting any of the implied terms dealing with the same subject matter. The notice allows a three month period where the tenant can refer the notice to a rent assessment committee whether or not the notice proposing an adjustment of rent due from the tenant(s). The rent assessment committee in this instance can determine whether the proposed terms are terms which can reasonably be applied to a statutory periodic tenancy.
If the tenant does not refer the section 6 notice to a rent assessment committee within the period of 3 months from when the notice is served the terms proposed shall become the terms of the tenancy.
Why use a section 6 notice?
Landlords can gain more security by applying new terms to a periodic tenancy as opposed to granting the tenant(s) a new tenancy with different terms. This approach simply provides that new terms can be added to a tenancy without the need to grant the tenant(s) a new tenancy to do so, therefore the landlord will always have the option available to terminate the tenancy without reason by virtue of a section 21 notice (subject to the relevant obligations having been met to serve a valid section 21 notice).