The Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015

Statutory Instruments

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 M1 makes the following Regulations:

Marginal Citations

M1 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.

Citation and commencement E+W+S

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 E+W+S

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 E+W+S

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;

(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;

[F1 (fa) for a notice under paragraph (1) or (4) of section 21 informing a tenant that the landlord intends to seek recovery of possession of a dwelling-house let on an assured shorthold tenancy, Form No. 6A;]

(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.

Textual Amendments

F1 Reg. 3(fa) inserted (1.10.2015) by The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 (S.I. 2015/1646), regs. 1(1), 4(2) (with reg. 1(3)(4))

[F2 Review E+W+S

3A.— (1) The Secretary of State must from time to time—

[F3 (a) carry out a review of regulations 3(c), (d), (e) and (fa), and the associated forms (Form Nos. 3, 4, 5 and 6A respectively),]

(b) set out the conclusions of the review in a report, and

(c) publish the report.

(2) The report must in particular—

[F4 (a) set out the objectives intended to be achieved by the regulatory system established by regulations 3(c), (d), (e) and (fa),]

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

[F5 (3) The first report under this regulation must be published—

(a) in respect of regulation 3(c), (d) and (e), before the end of the period of five years beginning with 6^th April 2016;

(b) in respect of regulation 3(fa), before the end of the period of five years beginning with 1st October 2015.]

(4) Reports under this regulation are afterwards to be published at intervals not exceeding five years.]

Textual Amendments

F2 Reg. 3A inserted (1.10.2015) by The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 (S.I. 2015/1646), regs. 1(1), 4(3) (with reg. 1(3)(4))

F3 Reg. 3A(1)(a) substituted (6.4.2016) by The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations 2016 (S.I. 2016/443), regs. 1, 2(3)

F4 Reg. 3A(2)(a) substituted (6.4.2016) by The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations 2016 (S.I. 2016/443), regs. 1, 2(4)

F5 Reg. 3A(3) substituted (6.4.2016) by The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations 2016 (S.I. 2016/443), regs. 1, 2(5)

Revocations and savings E+W+S

4.—(1) The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997 M2 are revoked in relation to England.

(2) The Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) (England) Regulations 2003 M3 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.

Marginal Citations

M2 S.I. 1997/194, amended by S.I. 2002/337, 2003/260, 2003/307, 2013/630, 2013/1036, 2014/374, 2014/1900.

M3 S.I. 2003/260.

Signed by authority of the Secretary of State for Communities and Local Government

Brandon Lewis

Minister of State

Department for Communities and Local Government

Regulation 3

SCHEDULE E+W+S FORMS PRESCRIBED FOR THE PURPOSES OF PART I OF THE HOUSING ACT 1988

[F6  

Textual Amendments

F6 Sch. Form 3 substituted (1.12.2016) by The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment No. 2) Regulations 2016 (S.I. 2016/1118), regs. 1, 2(2), Sch.

 ]

[F7  

Textual Amendments

F7 Sch. Form 4 substituted (6.4.2016) by The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations 2016 (S.I. 2016/443), regs. 1, 2(2), Sch.

 ]

[F8  

Textual Amendments

F8 Sch. Form 5 substituted (6.4.2016) by The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations 2016 (S.I. 2016/443), regs. 1, 2(2), Sch.

 ]

[F9  

Textual Amendments

F9 Sch. Form No. 6A inserted (1.10.2015) by The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 (S.I. 2015/1646), regs. 1(1), 4(4)(b) (with reg. 1(3)(4))

 ]

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.

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))