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

This Statutory Instrument has been made in consequence of defects in SI 2015/620 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2016 No. 443

Landlord And Tenant, England

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

Made

23rd March 2016

Coming into force

6th April 2016

The Secretary of State, in exercise of the powers conferred by sections 8(3), 13(2) and 45(1) and (5) of the Housing Act 1988(1), makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations 2016 and come into force on 6th April 2016.

Amendment of the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015

2.—(1) The Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015(2) are amended as follows.

(2) For ‘Form 3’, ‘Form 4’ and ‘Form 5’ set out in the Schedule to those Regulations, substitute the equivalent form set out in the Schedule to these Regulations.

(3) For paragraph (1)(a) of regulation 3A (review) substitute—

“(a) carry out a review of regulations 3(c), (d), (e) and (fa), and the associated forms (Form Nos. 3, 4, 5 and 6A respectively),”.

(4) For paragraph 2(a) of regulation 3A substitute—

“(a) set out the objectives intended to be achieved by the regulatory system established by regulations 3(c), (d), (e) and (fa),”.

(5) For paragraph 3(3) of regulation 3A substitute—

“(3) The first report under this regulation must be published—

(a) in respect of regulation 3(c), (d) and (e), before the end of the period of five years beginning with 6^th April 2016;

(b) in respect of regulation 3(fa), before the end of the period of five years beginning with 1st October 2015.”.

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

Brandon Lewis

Minister of State

Department for Communities and Local Government

23rd March 2016

Regulation 2

SCHEDULE

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.

(1)

1988 c. 50. Section 8(3) was amended by the Housing Act 1996 (c.52), Schedule 1, paragraph 1 and section 97(2)(a) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12). Section 13(2) was amended by S.I. 2003/259.

(2)

S.I. 2015/620, amended by S.I. 2015/1646.