The Secure Tenancies (Notices) (Amendment) and Suspension (Coronavirus) (England) Regulations 2021

This Statutory Instrument has been made in consequence of defects in S.I. 2021/564 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2021 No. 946

Landlord And Tenant, England

The Secure Tenancies (Notices) (Amendment) and Suspension (Coronavirus) (England) Regulations 2021

Made

19th August 2021

Coming into force

24th August 2021

The Secretary of State makes the following Regulations in exercise of powers conferred by section 83(2)(a) and (7) of the Housing Act 1985(1) and section 88(1) and (5) of the Coronavirus Act 2020(2).

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Secure Tenancies (Notices) (Amendment) and Suspension (Coronavirus) (England) Regulations 2021.

(2) These Regulations come into force on 24th August 2021.

(3) These Regulations extend to England and Wales.

(4) These Regulations apply in relation to England.

Suspension of paragraph 10(2) of Schedule 29 to the Coronavirus Act 2020

2.  Paragraph 10(2) of Schedule 29 to the Coronavirus Act 2020(3) is suspended.

Amendment of the Secure Tenancies (Notices) Regulations 1987

3.  In the Secure Tenancies (Notices) Regulations 1987(4), for the form of notice specified in Part 2 of the Schedule, substitute the form of notice specified in the Schedule to these Regulations.

Transitional provision

4.  The suspension of paragraph 10(2) of Schedule 29 to the Coronavirus Act 2020 made by regulation 2 and the substitution made by regulation 3 do not apply in relation to a notice served or proceedings brought under section 83 of the Housing Act 1985(5) before the day on which these Regulations come into force.

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Christopher Pincher

Minister of State

Ministry of Housing, Communities and Local Government

19th August 2021

Regulation 3

SCHEDULE Notice of seeking termination of tenancy and recovery of possession section 83 Housing Act 1985

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 83 of the Housing Act 1985 (c. 68) sets out general notice requirements in relation to proceedings for possession or termination of a secure tenancy. Section 83(2)(a) gives the Secretary of State power to prescribe the form of a notice under section 83.

Paragraph 10(2) of Schedule 29 to the Coronavirus Act 2020 (c. 7) modifies the notice of seeking termination of tenancy and recovery of possession under section 83 during the relevant period which began on 26th March 2020 and ends on 30th September 2021.

These Regulations suspend paragraph 10(2) of Schedule 29 and prescribe a new form of notice of seeking termination of tenancy and recovery of possession by amending the Schedule to the Secure Tenancies (Notices) Regulations 1987. They are made to reflect the modifications of the required period of notice for secure tenancies made by paragraph 3 of Schedule 29 to the Coronavirus Act 2020 (as amended).

A copy of the notice can be obtained as follows:

https://www.gov.uk/guidance/secure-tenancy-forms

Or in writing from:

Ministry for Housing, Communities and Local Government, Fry Building, 2 Marsham Street, London SW1P 4DF

A full impact assessment has not been produced for this instrument due to the temporary nature of the modifications made to section 83 of the Housing Act 1985 by Schedule 29 to the Coronavirus Act 2020 as amended by S.I. 2020/914 and 2021/564 which these Regulations reflect.

(1)

1985 c. 68, amended by S.I. 2010/671. There are other amending instruments but none is relevant.

(2)

2020 c. 7. The powers conferred by section 88(1) of the Coronavirus Act 2020 are exercisable in England by the Secretary of State. “Relevant national authority” is defined in section 88(7) of that Act.

(3)

Paragraph 10(2) was amended in relation to England by S.I. 2020/914.

(4)

S.I. 1987/755.

(5)

Section 83 was substituted by section 147(1) of the Housing Act 1996, amended by section 14(3) of the Anti-social Behaviour Act 2003 and paragraph 7 of Schedule 11 to the Anti-social Behaviour, Crime and Policing Act 2014, and modified by paragraph 3 of Schedule 29 to the Coronavirus Act 2020 which was itself amended in relation to England by S.I. 2020/914 and 2021/564.