The Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) (England) Regulations 2002

Statutory Instruments

2002 No. 337

LANDLORD AND TENANT, ENGLAND

The Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) (England) Regulations 2002

Made

18th February 2002

Coming into force

Regulations 1, 2 and 3

20th February 2002

Regulation 4

20th June 2002

The Secretary of State for Transport, Local Government and the Regions, in exercise of the powers conferred upon him by sections 13(2) and 45(5) of the Housing Act 1988(1), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) (England) Regulations 2002.

(2) These Regulations shall come into force as follows—

(a) regulations 1, 2 and 3 on 20 February 2002; and

(b) regulation 4 on 20 June 2002.

(3) These Regulations shall extend to England only.

Interpretation

2.  In these Regulations, any reference to the 1997 Regulations is a reference to the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997(2).

Amendment of prescribed forms

3.—(1) The 1997 Regulations are amended as follows.

(2) In Regulation 3(d), after “4” insert “or 4A”.

(3) In the Schedule, after Form No. 4 insert the form in the Schedule to these Regulations.

Revocation and saving

4.—(1) Form No. 4 is hereby revoked.

(2) Nothing in paragraph (1) affects the validity of a notice under section 13(2) of the Housing Act 1988 (notice proposing a new rent) served before the coming into force of this regulation if, at the date of service of the notice, the notice was in Form No. 4 or in a form substantially to the same effect.

Signed by authority of the Secretary of State for Transport, Local Government and the Regions

Sally Keeble

Parliamentary Under Secretary of State,

Department for Transport, Local Government and the Regions

18th February 2002

Regulation 3

SCHEDULE FORM PRESCRIBED FOR THE PURPOSES OF SECTION 13(2) OF THE HOUSING ACT 1988

FORM No. 4A

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe a new form to be used by landlords in proposing a new rent for an assured tenancy or an assured agricultural occupancy under section 13(2) of the Housing Act 1988.

Form No. 4 in the Schedule to the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997 (“Form No. 4”), which is the form currently prescribed for the purpose, is revoked on 20 June 2002.

The new form, numbered 4A, can be used on and after 20 February 2002. Between that date and 20 June 2002, either Form No. 4 or Form No. 4A can be used.

(1)

1988 c. 50. For the definition of “prescribed”, see section 45(1). For provision regarding agricultural occupancies, see section 24. The functions of the Secretary of State under s.13 are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), to which there are amendments not relevant to these Regulations.

(2)

S.I. 1997/194.