Statutory Instruments
1997 No. 194

LANDLORD AND TENANT, ENGLAND AND WALES
The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997

Made
29th January 1997

Coming into force
28th February 1997

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred upon them by sections 6(2) and (3), 8(3), 13(2) and (4), 22(1), 41(2) and 45(1) and (5) of, and paragraphs 7(2)(a) and 9(2)(a)(i) of Schedule 2A to, the Housing Act 1988(1), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997 and shall come into force on 28th February 1997.

Interpretation

2.  In these Regulations any reference to a section or Schedule is a reference to a section of, or Schedule to, the Housing Act 1988 and any reference to a numbered form is a reference to the form bearing that number in the Schedule to these Regulations, or to a form substantially to the same effect.

Prescribed forms

3.  The forms prescribed for the purposes of Part I (rented accommodation) of the Housing Act 1988(2) are—

(a)for a notice under section 6(2) proposing terms of a statutory periodic tenancy different from the implied terms, Form No.1;

(b)for an application under section 6(3) referring a notice under section 6(2) to a rent assessment committee, Form No.2;

(c)for a notice under section 8 informing a tenant or licensee that the landlord intends to begin proceedings for possession of a dwelling-house let on an assured tenancy or an assured agricultural occupancy, Form No.3;

(d)for a notice under section 13(2) proposing a new rent for an assured tenancy or an assured agricultural occupancy, Form No. 4;

(e)for an application under section 13(4) referring to a rent assessment committee a notice under section 13(2) relating to an assured tenancy or an assured agricultural occupancy, Form No.5;

(f)for an application under section 22(1) to a rent assessment committee for a determination of rent under an assured shorthold tenancy, Form No.6;

(g)for a notice under section 41(2) requiring a landlord or tenant to give information to a rent assessment committee, Form No.7;

(h)for a notice under paragraph 7 of Schedule 2A, by the tenant to the landlord proposing that an assured tenancy be replaced by an assured shorthold tenancy, Form No.8;

(i)for a notice under paragraph 9 of Schedule 2A, by the landlord to the prospective tenant, proposing an assured shorthold tenancy where the tenancy meets the conditions for an assured agricultural occupancy, Form No.9.

Revocations and savings

4.—(1) The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1988(3) (“the 1988 Regulations”), the Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) Regulations 1989(4), the Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) Regulations 1990(5) and the Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) Regulations 1993(6) are hereby revoked.

(2) Nothing in paragraph (1) affects the validity of a notice served before the coming into force of these Regulations if, at the date of service of the notice, the notice was in the form then prescribed by the 1988 Regulations.

Signed by authority of the Secretary of State for the Environment

James Clappison
Parliamentary Under Secretary of State,
Department of the Environment
28th January 1997

William Hague
Secretary of State for Wales
29th January 1997

Regulation 3

SCHEDULEFORMS PRESCRIBED FOR THE PURPOSES OF PART I OF THE HOUSING ACT 1988

FORM No. 1Housing Act 1988 section 6(2)Notice proposing different terms for a Statutory Periodic Tenancy

FORM No. 2Housing Act 1988 section 6(3)Application referring a Notice proposing different terms for a Statutory Periodic Tenancy to a Rent Assessment Committee

FORM No. 3Housing Act 1988 section 8 as amended by section 151 of the Housing Act 1996Notice seeking possession of a property let on an Assured Tenancy or an Assured Agricultural Occupancy

FORM No. 4Housing Act 1988 section 13(2)Landlord’s Notice proposing a new rent under an Assured Periodic Tenancy or Agricultural Occupancy

FORM No. 5Housing Act 1988 section 13(4)Application referring a Notice proposing a new rent under an Assured Periodic Tenancy or Agricultural Occupancy to a Rent Assessment Committee

FORM No. 6Housing Act 1988 section 22(1) as amended by section 100 of the Housing Act 1996Application to a Rent Assessment Committee for a determination of a rent under an Assured Shorthold Tenancy

FORM No. 7Housing Act 1988 section 41(2)Notice by Rent Assessment Committee requiring further information

FORM No. 8Housing Act 1988 Schedule 2A, paragraph 7(2) as inserted by Schedule 7 to the Housing Act 1996Tenant’s notice proposing that an Assured Tenancy be replaced by an Assured Shorthold Tenancy

FORM No. 9Housing Act 1988 Schedule 2A, paragraph 9, as inserted by Schedule 7 to the Housing Act 1996Landlord’s notice proposing an Assured Shorthold Tenancy where the tenancy meets the conditions for an Assured Agricultural Occupancy

Explanatory Note

(This note is not part of the Regulations)
These Regulations revoke and replace the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1988 (“the 1988 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.
Forms 3 and 4 prescribed by the 1988 Regulationshave been amalgamated as new Form 3 with minor drafting amendments and with other amendments consequential on the Housing Act 1996. Forms 6A, 6B and 7 prescribed by the 1988 Regulations (Forms 6A and 6B were inserted by the Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) Regulations 1993) have not been reproduced. Other forms prescribed by the 1988 Regulations have been reproduced with minor drafting amendments and with other amendments consequential on the Housing Act 1996. New Forms 8 and 9, which relate to the replacement of assured tenancies and assured agricultural occupancies by assured shorthold tenancies, are prescribed in consequence of amendments made to the Housing Act 1988 by the Housing Act 1996.
Regulation 4 revokes the 1988 Regulations, the Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) Regulations 1989, the Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) Regulations 1990 and the Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) Regulations 1993.


(1)
1988 c. 50. In section 45(1) see the definition of “prescribed”. Section 22(1) was amended by the Housing Act 1996 (c. 52), Schedule 8, paragraph 2(5). Schedule 2A was inserted by the Housing Act 1996, Schedule 7.

(2)
Part I is amended by Parts III and V of the Housing Act 1996.

(3)
S.I. 1988/2203.

(4)
S.I. 1989/146.

(5)
S.I. 1990/1532.

(6)
S.I. 1993/654.