The Assured Tenancies and Agricultural Occupancies (Forms) (Moratorium Debt) (Consequential Amendment) (England) Regulations 2021

Statutory Instruments

2021 No. 518

Landlord And Tenant, England

The Assured Tenancies and Agricultural Occupancies (Forms) (Moratorium Debt) (Consequential Amendment) (England) Regulations 2021

Made

28th April 2021

Coming into force

4th May 2021

The Secretary of State for Housing, Communities and Local Government makes the following Regulations in exercise of the powers conferred by sections 8(3) and 45(1) of the Housing Act 1988(1).

Citation, commencement and application

1.—(1) These Regulations may be cited as the Assured Tenancies and Agricultural Occupancies (Forms) (Moratorium Debt) (Consequential Amendment) (England) Regulations 2021.

(2) These Regulations come into force on 4th May 2021 immediately after the coming into force of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020(2).

(3) These Regulations apply in relation to England.

Amendment of the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015

2.—(1) The Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015(3) are amended as follows.

(2) For Form No. 3 in the Schedule to those Regulations substitute the Form No. 3 as set out the Schedule to these Regulations.

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

Christopher Pincher

Minister of State for Housing

Ministry of Housing, Communities and Local Government

28th April 2021

Regulation 2

SCHEDULE

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015 (S.I. 2015/620) (“the principal Regulations”) and come into force on 4th May 2021.

The Regulations are consequential on the coming into force of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (S.I. 2020/1311) (“the Moratorium Regulations”) which establishes a scheme which will give someone in problem debt the right to legal protections from their creditors for a period of 60 days in the case of a breathing space moratorium or, in the case of a mental health crisis moratorium, the duration of the mental health crisis treatment plus 30 days. In particular, it pauses any enforcement action such as serving a notice of intention to seek possession of the rented property.

These Regulations amend Form No. 3 in the Schedule to the principal Regulations to insert a reference to the legal protections offered by virtue of the Moratorium Regulations into that Form.

An impact assessment has been not been produced for this instrument as it is consequential on the coming into force of the Moratorium Regulations, a full impact assessment was produced for those Regulations and is available from HM Treasury, 1 Horse Guards Road, London SW1A 2HQ and is published alongside that instrument at http://www.legislation.gov.uk

(1)

1988 c. 50. Subsection 3 and references to that subsection have been modified by Schedule 29 to the Coronavirus Act 2020 (c. 7).

(2)

S.I. 2020/1311.

(3)

S.I. 2015/620 as amended by S.I. 2015/1646, 2016/443 and 2016/1118.