SCHEDULES
SCHEDULE 29Residential tenancies in England and Wales: protection from eviction
Consequential modifications in relation to prescribed forms
10
1
Part 1 of the Schedule to the Secure Tenancies (Notices) Regulations 1987 (S.I. 1987/755) (notice of seeking possession) is to be read, in relation to notices served under section 83 of the Housing Act 1985 during the relevant period, as if—
a
in the first paragraph 5—
F4i
the words “Cross out this paragraph if possession is being sought on Ground 2 of Schedule 2 to the Housing Act 1985 (whether or not possession is also sought on another Ground)” were omitted,
F6ia
where the notice is served in relation to a dwelling-house in England, in the first bullet point, for the words from “the date when” to the end there were substituted “the relevant notice period from the date this Notice is served and also cannot be earlier than the date on which your tenancy or licence could be brought to an end by notice to quit given by the landlord on the same date as this Notice.
ib
where the notice is served in relation to a dwelling-house in England, after the first bullet point, there were inserted—
The relevant notice period is—
a
four weeks where any one or more of the following grounds is specified in the notice—
i
Ground 1 in Schedule 2 to the Housing Act 1985 and at the time the notice is served at least six months’ rent is unpaid, or
ii
Grounds 2ZA, 2A or 5 in Schedule 2 to that Act,
and no other ground is specified, and
b
otherwise, six months.
ii
F7where the notice is served in relation to a dwelling-house in Wales, in the first bullet point, for the words from “the date when” to the end there were substituted “
three months from the date this Notice is served and also cannot be earlier than the date on which your tenancy or licence could be brought to an end by notice to quit given by the landlord on the same date as this Notice
”
, and
iii
in the second bullet point, for “this date” there were substituted “
the date in this paragraph
”
, and
F5b
the second paragraph 5 were omitted.
F8F9F102
Part 2 of the Schedule to the Secure Tenancies (Notices) Regulations 1987 (S.I. 1987/755) (notice of seeking termination of tenancy and recovery of possession) is to be read, in relation to notices served under section 83 of the Housing Act 1985 during the relevant period, as if after paragraph 4 there were inserted—
11
The Schedule to the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997 (S.I. 1997/194) (which applies in relation to Wales) is to be read, in relation to notices served under section 8 of the Housing Act 1988 during the relevant period, as if in Form 3 (notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy), in paragraph 5 (earliest date on which court proceedings can be brought)—
a
in the first bullet point, for “2 months” there were substituted F1“6 months”,
b
in the second bullet point—
i
for “2 weeks” there were substituted F2“6 months”, and
ii
for “two months” there were substituted F3“six months”, and
c
in the third bullet point, for the words “before the date this notice is served” there were substituted “earlier than 3 months from the date on which this notice is served”
.
12
1
The Schedule to the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015 (S.I. 2015/620) is to be read, in relation to notices served under section 8 of the Housing Act 1988 during the relevant period, as if in Form 3 (notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy), in the notes to paragraph 5 (notes on the earliest date on which court proceedings can be brought)—
F13a
for the first and second bullet points there were substituted—
Where the landlord is seeking possession on any of grounds 1 to 6, 9, 12, 13, 15 or 16, or of grounds 8, 10 or 11 if at the time the notice is served less than six months’ rent is unpaid, (without ground 7A or 14) court proceedings cannot begin earlier than six months from the date this notice is served on you.
Where the landlord is seeking possession on grounds 7 or 7B (without ground 7A or 14) and the paragraph above does not apply, court proceedings cannot begin earlier than three months from the date this notice is served on you.
Where the landlord is seeking possession on grounds 8, 10 or 11 and at the time the notice is served at least six months’ rent is unpaid (without ground 7A or 14) and the paragraphs above do not apply, court proceedings cannot begin earlier than four weeks from the date this notice is served on you.
Where the landlord is seeking possession on grounds 14A, 14ZA or 17 (without ground 7A or 14) and the paragraphs above do not apply, court proceedings cannot begin earlier than two weeks from the date this notice is served on you.
Where the landlord is seeking possession on grounds 1, 2, 5 to 7, 9 or 16 (without ground 7A or 14) court proceedings also cannot begin before the date on which the tenancy (had it not been assured) could have been brought to an end by a notice to quit served at the same time as this notice.
F11c
in the third bullet point, for “1 month” there were substituted “3 months”, and
F12d
in the fourth bullet point, for the words “before the date this notice is served” there were substituted “earlier than 3 months from the date on which this notice is served”.
2
The Schedule to the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015 (S.I. 2015/620) is to be read, in relation to notices given under section 21(1) or (4) of the Housing Act 1988 during the relevant period, as if in Form 6A (notice seeking possession of a property let on an assured shorthold tenancy)—
a
in the section headed “What to do if this notice is served on you”, in the second paragraph—
i
for “two months'” there were substituted “F14six months’”, and
ii
the words “if you pay rent quarterly, you must be given at least three months' notice, or,” were omitted, and
b
in paragraph 3, for “two months'” there were substituted “F15six months’”.