The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) and Suspension (Coronavirus) Regulations 2021

Statutory Instruments

2021 No. 562

Landlord And Tenant, England

The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) and Suspension (Coronavirus) Regulations 2021

Made

11th May 2021

Laid before Parliament

12th May 2021

Coming into force

1st June 2021

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 8(3) and 21(8) of the Housing Act 1988(1) and section 88(1) of the Coronavirus Act 2020(2).

Citation, commencement and application

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

(2) These Regulations come into force on 1st June 2021.

(3) These Regulations apply in relation to England.

Suspension of paragraph 12(1) of Schedule 29 to the Coronavirus Act 2020

2.  Paragraph 12(1) of Schedule 29 to the Coronavirus Act 2020 is suspended.

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

3.  In the Schedule to the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015(3) for Form No. 3 and Form No. 6A set out in the Schedule to those Regulations, substitute the equivalent Form set out in the Schedule to these Regulations.

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

Christopher Pincher

Minister of State

Ministry of Housing, Communities and Local Government

11th May 2021

Regulation 3

SCHEDULE Forms No. 3 and No. 6A

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) and Suspension (Coronavirus) Regulations 2021 come into force on 1st June 2021.

Sections 8(3) and 21(8) of the Housing Act 1988 (c. 50) (“the 1998 Act”) give the Secretary of State power to prescribe the form of a notice of intention to seek possession of a dwelling house in England in relation to an assured and an assured shorthold tenancy respectively. The relevant forms are prescribed in the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015 (S.I. 2015/620).

Sections 8 and 21 of the 1988 Act were modified respectively by paragraphs 6 and 7 of Schedule 29 to the Coronavirus Act 2020 (c. 7) (“the Schedule”) in relation to notices of intention to seek possession of a dwelling house during the relevant period which began on 25th March 2020 and ends on 30th September 2021. The relevant period (which is defined in paragraph 1 of the Schedule) was extended in relation to England by S.I. 2020/914, S.I. 2021/284 and S.I. 2021/564. S.I. 2020/924 and S.I. 2021/564 also amended paragraphs 6 and 7 of the Schedule.

These Regulations also make amendments to Form No. 3 and Form 6A to reflect the notice periods in sections 8 and 21 (respectively) of the 1988 Act as modified by paragraphs 6 and 7 of the Schedule.

A copy of the amended forms can be obtained as follows:

https://www.gov.uk/guidance/assured-tenancy-forms

Or in writing from:

Ministry for Housing, Communities and Local Government, Fry Building, 2 Marsham Street, London SW1P 4DF

A full impact assessment has not been produced for this instrument due to the temporary nature of the modifications made to sections 8 and 21 of the Housing Act 1988 made by Schedule 29 to the Coronavirus Act 2020 as amended by S.I. 2021/564.

(1)

1988 c. 50. Section 8(3) was amended by section 151 of the Housing Act 1996 (c. 52) and section 97(2)(a) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12). Section 21(8) was inserted by section 37 of the Deregulation Act 2015 (c. 20).

(2)

2020 c. 7. The powers conferred by section 88(1) of the Coronavirus Act 2020 are exercisable in England by a Minister of the Crown. “Relevant national authority” is defined in section 88(7) of that Act.

(3)

S.I. 2015/620, as amended by S.I. 2015/1646 (which was itself amended by S.I. 2015/1725), 2016/443, 2016/1118, 2016/915 and S.I. 2021/518.