The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) and Suspension (Coronavirus) Regulations 2020

Statutory Instruments

2020 No. 924

Landlord And Tenant, England

The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) and Suspension (Coronavirus) Regulations 2020

Made

at 11.33 a.m. on 1st September 2020

Laid before Parliament

at 2.00 p.m. on 1st September 2020

Coming into force in accordance with regulation 1(2)

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

Citation and commencement

1.—(1) These Regulations may be cited as the Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) and Suspension (Coronavirus) Regulations 2020.

(2) These Regulations come into force on the day after the day on which they are laid.

Suspension of paragraph 12(2) of Schedule 29 to the Coronavirus Act 2020

2.  Paragraph 12(2) 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 Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015(3), in the Schedule, for Form No. 6A substitute the Form No. 6A set out in the Schedule to these Regulations.

Transitional provision

4.—(1) The suspension of paragraph 12(2) of Schedule 29 made by regulation 2 does not apply in relation to a notice given under section 21(1) or (4) of the Housing Act 1988(4) before the day on which these Regulations come into force.

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

At 11.33 a.m. on 1st September 2020

Regulation 3

SCHEDULE Form No. 6A

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 21(8) of the Housing Act 1988 (c. 50) gives the Secretary of State power to prescribe a form of a notice under section 21(1) or (4) given in relation to an assured shorthold tenancy of a dwelling-house in England. This is a notice of intention to seek possession of a property let on an assured shorthold tenancy.

The relevant form (“Form 6A”) is prescribed in the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015 (the Principal Regulations).

Paragraph 12(2) of Schedule 29 to the Coronavirus Act 2020 (c. 7) modifies Form 6A during the relevant period which began on 26th March 2020 and ends on 31st March 2021. The relevant period in paragraph 1 of Schedule 29 to the Coronavirus Act 2020 was extended, in relation to England, by the Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020 (S.I. 2020/914).

These Regulations suspend paragraph 12(2) of Schedule 29 and prescribe a new Form 6A by amending the Schedule to the Principal Regulations. They are made to reflect the amendments to the required period of notice of intention to seek possession of a property let on an assured shorthold tenancy and the period of validity of such a notice made by S.I. 2020/914.

A copy of the form No.6A 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 amendments made to section 21 of the Housing Act 1988 by Schedule 29 to the Coronavirus Act 2020 as amended by S.I. 2020/914 which these Regulations reflect.

(1)

1988 c. 50. Section 21(8) was inserted by section 37 of the Deregulation Act 2015 (c. 20).

(2)

2020 c. 7. The powers conferred by sections 88(1) of the Coronavirus Act 2020 are exercisable in England by the Secretary of State. “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 itself was amended by S.I. 2015/1725), S.I. 2016/443, S.I. 2016/1118 and S.I. 2016/915

(4)

Section 21(1) and (4) is modified by paragraph 7 of Schedule 29 to the Coronavirus Act 2020 which was amended by S.I. 2020/914.