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The Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) Regulations 1993

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2.  The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1988(1) are amended as follows—

(a)after regulation 3(6) insert—

(6A) for a notice under section 14A(1) proposing a new rent to take account of the tenant’s liability to pay council tax for an assured tenancy or an assured agricultural occupancy, form no. 6A;

(6B) for an application under section 14A(5)(a) referring to a rent assessment committee a notice under section 14A(1), form no. 6B.;

(b)in the Schedule, in paragraph 4 of form no. 1 for the words “This includes rates” in both places where they occur substitute—

  • This includes council tax*

  • This includes rates*;

(c)in the Schedule, after paragraph 5(b) of form no. 2, paragraph 4(b) of form no. 6 and paragraph 4(b) of form no. 8(2) insert—

”;

(d)in the Schedule, in form no. 5—

(i)at the end of the paragraph in the right hand column below the heading add—

  • Do not use this form to propose an interim increase of rent under an assured periodic tenancy or agricultural occupancy on account of council tax (use form no. 6A instead).;

(ii)in paragraphs 3 and 4 for “This includes/excludes* rates” substitute—

  • This includes council tax*

  • This includes rates*;

(iii)in paragraph 4 after “rates*” as so substituted insert—

  • If you are required to include in your rent payments for council tax and you refer this notice to a rent assessment committee, the rent the committee determines will be inclusive of council tax.; and

(iv)for the footnote to paragraphs 3 and 4 substitute—

  • Cross out if this does not apply.;

(v)after paragraph 4 insert—

5.  The landlord or superior landlord pays council tax in respect of the property*

Council tax is not payable in respect of the property*

A landlord may be liable for council tax if the property is in a house in multiple occupation, unless the property is an exempt dwelling. The main exemption is where the residents of such a dwelling are students or recent school or college leavers.; and

(vi)as a footnote to paragraph 5 insert—

  • *Cross out if this does not apply.;

(e)after form no. 6 in the Schedule insert, as forms no. 6A and no. 6B, the forms in the Schedule to this Order;

(f)at the end of paragraph 3 of form no. 7 in the Schedule insert—

  • If the rent includes a payment for council tax, the rent determined by the committee will be inclusive of council tax.;

(g)in the Schedule, in paragraph 12 of form no. 8—

(i)for “This includes/excludes* rates of” substitute—

  • This includes council tax*.

  • This includes rates*.;

(ii)for the footnote, substitute—

  • Cross out if this does not apply..

(1)

S.I. 1988/2203; amended by S.I. 1989/146 and 1990/1532.

(2)

Substituted by S.I. 1990/1532.

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