The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015 (SI 2015/620) (“the principal regulations”).

Regulation 2 substitutes new Forms 3, 4 and 5 for the equivalent forms prescribed in the principal regulations.

In Form 3 amendments have been made to the third paragraph of the “Notes on the grounds for possession” which are consequential on amendments made to section 8 of the Housing Act 1988 by the Anti-social Behaviour, Crime and Policing Act 2014. These consequential references were not included in the principal regulations by omission.

Form 3 has also been reproduced with amendments to the fourth paragraph of the introductory section consequential on the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 (SI 2015/1646), which introduced a new prescribed form for a notice under section 21(1) or (4) of the Housing Act 1988.

Minor drafting changes have been made to Forms 4 and 5 to correct:

• an error in the formatting of the website address in guidance note 2 of each form; and

• cross-referencing errors in guidance notes 10 and 11, and 10 respectively.

Amendments have also been made to regulation 3A (Review) of the principal regulations which require the Secretary of State to review the operation and effect of the requirement to use the prescribed forms inserted by these Regulations (Forms Nos 3, 4 and 5) and publish a report within five years of 6^th April 2016. Subsequent reviews must take place at least every five years after that. Following a review it will fall to the Secretary of State to consider whether the prescribed forms should remain as they are, or be revoked or amended. A further instrument would be needed to revoke a prescribed form or to amend it.