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)) |