Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015 (S.I. No. 620 of 2015)

S T A T U T O R Y I N S T R U M E N T S 2015 No. 620 LANDLORD AND TENANT, ENGLAND The Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015 Made - - - - 9th March 2015 Coming into force - - 6th April 2015 The Secretary of State, in exercise of powers conferred by sections 6(2) and (3), 8(3), 13(2) and (4), 22(1) and 45(1) and (5) of, and paragraphs 7(2) and 9(2)(a) of Schedule 2A to, the Housing Act 1988(a) makes the following Regulations: Citation and commencement 1. These Regulations may be cited as the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015 and come into force on 6th April 2015. Interpretation 2. In these Regulations any reference to a section or Schedule is a reference to a section of, or Schedule to, the Housing Act 1988 and any reference to a numbered form is a reference to the form bearing that number in the Schedule to these Regulations, or to a form substantially to the same effect. Prescribed forms 3. The forms prescribed for the purposes of Part I (rented accommodation) of the Housing Act 1988 are— (a) for a notice under section 6(2) proposing terms of a statutory periodic tenancy different from the implied terms, Form No. 1; (b) for an application under section 6(3) referring a notice under section 6(2) to a tribunal, Form No. 2; (c) for a notice under section 8 informing a tenant or licensee that the landlord intends to begin proceedings for possession of a dwelling-house let on an assured tenancy or an assured agricultural occupancy, Form No. 3; (d) for a notice under section 13(2) proposing a new rent for an assured tenancy of premises situated in England, Form No. 4; (e) for a notice under section 13(2) proposing a new rent or licence fee for an assured agricultural occupancy of premises situated in England, Form No. 5; (a) 1988 c. 50. In section 45(1) see the definition of “prescribed”. Section 8(3) was amended by the Housing Act 1996 (c.52), Schedule 1, paragraph 1 and section 97(2)(a) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12). Section 13(2) was amended by S.I. 2003/259, art. 2. Section 22(1) was amended by the Housing Act 1996 (c. 52), Schedule 8, paragraph 2(5). Schedule 2A was inserted by the Housing Act 1996, Schedule 7. 2 (f) for an application under section 13(4) referring to a tribunal a notice under section 13(2) relating to an assured tenancy or an assured agricultural occupancy, Form No. 6; (g) for an application under section 22(1) to a tribunal for a determination of rent under an assured shorthold tenancy, Form No. 7; (h) for a notice under paragraph 7 of Schedule 2A, by the tenant to the landlord proposing that an assured tenancy be replaced by an assured shorthold tenancy, Form No. 8; (i) for a notice under paragraph 9 of Schedule 2A, by the landlord to the prospective tenant, proposing an assured shorthold tenancy where the tenancy meets the conditions for an assured agricultural occupancy, Form No. 9. Revocations and savings 4.—(1) The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997(a) are revoked in relation to England. (2) The Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) (England) Regulations 2003(b) are revoked. (3) Nothing in paragraphs (1) and (2) affects the validity of a notice served before the coming into force of these Regulations if, at the date of service of the notice, the notice was in the form then prescribed by the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997 or a form substantially to the same effect. Signed by authority of the Secretary of State for Communities and Local Government Brandon Lewis Minister of State 9th March 2015 Department for Communities and Local Government SCHEDULE Regulation 3 FORMS PRESCRIBED FOR THE PURPOSES OF PART I OF THE HOUSING ACT 1988 (a) S.I. 1997/194, amended by S.I. 2002/337, 2003/260, 2003/307, 2013/630, 2013/1036, 2014/374, 2014/1900. (b) S.I. 2003/260. 3 FORM No. 1 Housing Act 1988 section 6(2) 4 5 FORM No. 2 Housing Act 1988 section 6(3) 6 7 8 FORM No. 3 Housing Act 1988 section 8, as amended by section 151 of the Housing Act 1996 and section 97 of the Anti-social Behaviour, Crime and Policing Act 2014 9 10 11 FORM No. 4 Housing Act 1988 section 13(2), as amended by the Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003 12 13 14 FORM No. 5 Housing Act 1988 section 13(2), as amended by the Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003 15 16 17 FORM No. 6 Housing Act 1988 section 13(4), as amended by the Transfer of Tribunal Functions Order 2013 18 19 20 FORM No. 7 Housing Act 1988 section 22(1), as amended by section 100 of the Housing Act 1996 and the Transfer of Tribunal Functions Order 2013 21 22 23 24 FORM No. 8 Housing Act 1988 Schedule 2A, paragraph 7(2), as inserted by Schedule 7 to the Housing Act 1996 25 FORM No. 9 Housing Act 1988 Schedule 2A, paragraph 9, as inserted by Schedule 7 to the Housing Act 1996 26 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations revoke, in England, and replace the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997 (S.I. 1997/194, as amended, “the 1997 Regulations”) and revoke and replace the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 2003 (S.I. 2003/260, “the 2003 Regulations”). They prescribe forms for the purposes of various provisions of Part I of the Housing Act 1988 relating to assured tenancies and assured agricultural occupancies. The use for those purposes of forms substantially to the same effect as the prescribed forms is authorised by regulation 2. Form 3 prescribed by the 1997 Regulations has been reproduced with minor drafting amendments and with other amendments consequential on the Anti-social Behaviour, Crime and Policing Act 2014. Other forms prescribed by the 1997 Regulations have been reproduced with minor drafting amendments, save for Forms 4D and 4E, which are only applicable in Wales, and Form 7 which is no longer in use in England. Table 1 provides an overview of the forms prescribed by these Regulations and their equivalence to the forms prescribed by the 1997 Regulations. Regulation 4 revokes the 1997 Regulations (in England) and the 2003 Regulations and provides that any notice served before the coming into force of these Regulations is valid providing that, at the date of service of the notice, the notice was in the form then prescribed by the 1997 Regulations or a form substantially to the same effect. 27 Table 1 Form prescribed by 2015 Regulations Equivalent under 1997 Regulations Purpose Form 1 Form 1 Notice proposing different terms for a Statutory Periodic Tenancy (s. 6(2) Housing Act 1988) Form 2 Form 2 Application referring a notice proposing different terms for a Statutory Periodic Tenancy (s. 6(3) Housing Act 1988) Form 3 Form 3 Notice seeking possession of a property let on an Assured Tenancy or an Assured Agricultural Occupancy (s.8 Housing Act 1988 (as amended)) Form 4 Form 4B Landlord’s Notice proposing a new rent under an Assured Periodic Tenancy of premises situated in England (s. 13(2) Housing Act 1988 (as amended)) Form 5 Form 4C Landlord’s or Licensor’s Notice proposing a new rent or license fee under an Assured Agricultural Occupancy of premises situated in England (s. 13(2) Housing Act 1988 (as amended)) Form 6 Form 5 Application referring a notice proposing a new rent under an Assured Periodic Tenancy or Agricultural Occupancy to the Tribunal (s. 13(4) Housing Act 1988 (as amended)) Form 7 Form 6 Application to the Tribunal for determination of a rent under an Assured Shorthold Tenancy (s. 22(1) Housing Act 1988 (as amended)) Form 8 Form 8 Tenant’s notice proposing that an Assured Tenancy be replaced by an Assured Shorthold Tenancy (Schedule 2A, paragraph 7(2) Housing Act 1988 (as inserted by Schedule 7, Housing Act 1996)) Form 9 Form 9 Landlord’s notice proposing an Assured Shorthold Tenancy where the tenancy meets the conditions for an Assured Agricultural Occupancy (Schedule 2A, paragraph 9 Housing Act 1988 (as inserted by Schedule 7, Housing Act 1996)) © Crown copyright 2015 Printed and published in the UK by The Stationery Office Limited under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery Office and Queen’s Printer of Acts of Parliament. £6.00 UK2015031011 03/2015 19585 http://www.legislation.gov.uk/id/uksi/2015/620