The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997

• Citation: S.I. 1997/194
• Sections: 67

Section 1 Citation and commencement

These Regulations may be cited as the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997 and shall come into force on 28th February 1997.

Section 2 Interpretation

In these Regulations any reference to a section or Schedule is a reference to a section of, or Schedule to, the Housing Act 1988 and any reference to a numbered form is a reference to the form bearing that number in the Schedule to these Regulations, or to a form substantially to the same effect.

Section 3 Prescribed forms

The forms prescribed for the purposes of Part I (rented accommodation) of the Housing Act 1988 are—

(a) for a notice under section 6(2) proposing terms of a statutory periodic tenancy different from the implied terms, Form No.1;

(b) for an application under section 6(3) referring a notice under section 6(2) to a rent assessment committee, Form No.2;

(c) for a notice under section 8 informing a tenant or licensee that the landlord intends to begin proceedings for possession of a dwelling-house let on an assured tenancy or an assured agricultural occupancy, Form No.3;

(d) for a notice under section 13(2) proposing a new rent for an assured tenancy or an assured agricultural occupancy, Form No. 4;

(e) for an application under section 13(4) referring to a rent assessment committee a notice under section 13(2) relating to an assured tenancy or an assured agricultural occupancy, Form No.5;

(f) for an application under section 22(1) to a rent assessment committee for a determination of rent under an assured shorthold tenancy, Form No.6;

(g) for a notice under section 41(2) requiring a landlord or tenant to give information to a rent assessment committee, Form No.7;

(h) for a notice under paragraph 7 of Schedule 2A, by the tenant to the landlord proposing that an assured tenancy be replaced by an assured shorthold tenancy, Form No.8;

(i) for a notice under paragraph 9 of Schedule 2A, by the landlord to the prospective tenant, proposing an assured shorthold tenancy where the tenancy meets the conditions for an assured agricultural occupancy, Form No.9.

Section 4 Revocations and savings

(1) The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1988 (“the 1988 Regulations"), the Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) Regulations 1989 , the Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) Regulations 1990 and the Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) Regulations 1993 are hereby revoked.

(2) Nothing in paragraph (1) affects the validity of a notice served before the coming into force of these Regulations if, at the date of service of the notice, the notice was in the form then prescribed by the 1988 Regulations.

Section 1 Notice proposing different terms for a Statutory Periodic Tenancy

To: ....................

Name(s) of landlord(s)/tenant(s)*

Address of premises to which the tenancy relates:

....................

....................

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Section 1 Application referring a Notice proposing different terms for a Statutory Periodic Tenancy to a Rent Assessment Committee

Name(s) of tenant(s):

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....................

....................

Section 1 Notice seeking possession of a property let on an Assured Tenancy or an Assured Agricultural Occupancy

To: ....................

Name(s) of tenant(s)/licensee(s)*

Section 1 Landlord’s Notice proposing a new rent under an Assured Periodic Tenancy or Agricultural Occupancy

To: ....................

Name(s) of tenant(s)

Section 1 Application referring a Notice proposing a new rent under an Assured Periodic Tenancy or Agricultural Occupancy to a Rent Assessment Committee

Address of premises:

....................

....................

....................

Section 1 Application to a Rent Assessment Committee for a determination of a rent under an Assured Shorthold Tenancy

Address of premises:

....................

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Section 1 Notice by Rent Assessment Committee requiring further information

To:....................

□ landlord(s)□ tenant(s)

of:

....................

....................

....................

Address of premises

Section 1 Tenant’s notice proposing that an Assured Tenancy be replaced by an Assured Shorthold Tenancy

To: ....................

Name(s) of landlord(s)

Section 1 Landlord’s notice proposing an Assured Shorthold Tenancy where the tenancy meets the conditions for an Assured Agricultural Occupancy

To: ....................

....................

....................

Name of the proposed tenant. If a joint tenancy is being offered, enter the names of the joint tenants.

Section 2

This is to give notice that I/we* propose different terms for the statutory periodic tenancy from those of the fixed term assured tenancy which has now ended and that they should take effect from:

....................

Insert date which must be at least three months after the date on which this notice is served.

Section 2

Address of premises to which the tenancy relates:

....................

....................

....................

Section 2

Your landlord/licensor* intends to apply to the court for an order requiring you to give up possession of:

....................

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Address of premises

Section 2

Address of premises to which the tenancy relates:

....................

....................

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Section 2

Name(s) of landlord(s)/agent*:

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Section 2

Name(s) of landlord(s)/agent*

....................

Address of landlord(s)/agent*

....................

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Section 2 Notice by Rent Assessment Committee requiring further information

An application has been made to the rent assessment committee for consideration of:

□ the terms of a statutory periodic assured tenancy

□ an increase in rent under an assured periodic tenancy

□ the rent under an assured shorthold tenancy

□ an increase in rent under an assured agricultural occupancy

of the above property. The committee needs more information from you to consider the application.

Section 2

I/We*, the tenant(s) of:

....................

....................

....................

Address of premises

give notice that I/we* propose that the assured tenancy to which this notice relates should be replaced by a shorthold tenancy.

Section 2

You are proposing to take a tenancy at the following address:

....................

....................

....................

commencing on ..................../..................../....................

day month year

Section 3

Changes to the terms

(a) The existing provisions of the tenancy to be changed are:

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....................

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Please attach relevant sections of the tenancy agreement if available

(b) The proposed changes are:

....................

....................

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Continue on a separate sheet if necessary

Section 3

Name(s) of landlord(s)/agent*:

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Address of landlord(s)/agent*:

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Section 3

Your landlord/licensor* intends to seek possession on ground(s) .................... in Schedule 2 to the Housing Act 1988, as amended by the Housing Act 1996, which read(s):

....................

....................

....................

Give the full text (as set out in the Housing Act 1988 as amended by the Housing Act 1996) of each ground which is being relied on. Continue on a separate sheet if necessary.

Section 3

This is to give notice that as from .................... your landlord proposes to charge a new rent.

•The new rent must take effect at the beginning of a new period of the tenancy and not earlier than any of the following:

(a) the minimum period after this notice was served,

(The minimum period is:

—in the case of a yearly tenancy, six months;

—in the case of a tenancy where the period is less than a month, one month;

—in any other case, a period equal to the period of the tenancy;)

(b) the first anniversary of the start of the first period of the tenancy except in the case of:

—a statutory periodic tenancy, which arises when a fixed term assured tenancy ends, or;

—an assured tenancy which arose on the death of a tenant under a regulated tenancy;

(c) if the rent under the tenancy has previously been increased by a notice under section 13 or a determination under section 14 of the Housing Act 1988, the first anniversary of the date on which the increased rent took effect.

Section 3

Details of premises.

(a) What type of accommodation do you rent?

(b) If it is a flat or room(s) what floor(s) is it on?

Ground□ First□ Second□ Other□ (Please specify)

(c) Give the number and type of rooms, eg living room, bathroom etc.

....................

....................

(d) Does the tenancy include any other facilities, eg garden, garage or other separate building or land?

Yes□ No□

(e) If yes, please give details:

....................

....................

(f) Do you share any accommodation with

(i)the landlord?

(ii)another tenant or tenants?

(g) If yes to either of the above, please give details:

....................

....................

Section 3

Details of premises.

(a) What type of accommodation do you rent?

(b) If it is a flat or room(s) what floor(s) is it on?

Ground□ First□ Second□ Other□ (Please specify)

(c) Give the number and type of rooms, eg living room, bathroom etc.

....................

(d) Does the tenancy include any other facilities, eg garden, garage or other separate building or land?

Yes□ No□

(e) If yes, please give details:

....................

....................

....................

(f) Do you share any accommodation with:

(i)the landlord?

(ii)another tenant or tenants?

(g) If yes to either of the above, please give details:

....................

....................

....................

4. (a)What is the current rent?

(b)Does the rent include council tax?

(c)If yes, the amount that is included for council tax is:

(d)Does the rent include water charges?

(e)If yes, the amount that is included for water charges is:

Section 3

The information needed is:

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....................

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Section 3

I/We* propose that the new shorthold tenancy should commence on:

..................../..................../....................

day month year

• The new shorthold tenancy cannot commence until after the date this notice is served on the landlord.

Section 3

This notice is to tell you that your tenancy is to be an assured shorthold tenancy.

• Provided you keep to the terms of the tenancy, you are entitled to remain in the property for at least six months after the start of the tenancy. Depending on the terms of the tenancy, once the first six months have elapsed, the landlord may have the right to seek possession at any time, subject to two months’ notice.

• As an assured shorthold tenant, you have the right to apply to a rent assessment committee for the determination of a reasonable rent for the tenancy. An application to your local rent assessment committee must be made on the form headed Application to a Rent Assessment Committee for a determination of a rent under an Assured Shorthold Tenancy within six months of the beginning of the tenancy. You can obtain the form from a rent assessment panel or a law stationer.

• If you need help or advice about this notice, and what you should do about it, take it immediately to a citizens’ advice bureau, a housing advice centre, a law centre or a solicitor.

Section 4

Changes to the rent (if applicable). Go to section 5 if this does not apply.

•You should not propose a change to the rent on this form unless it is to take account of the proposed new terms at section 3. A change may be made if either the landlord or the tenant considers it appropriate.

(a)The existing rent is

(b)Does the rent include council tax?

(c)If yes, the amount that is included for council tax is:

(d)Does the rent include water charges?

(e)If yes, the amount that is included for water charges is:

(f)The new rent which takes into account the proposed changes in the terms of the tenancy will be:

(g)Will the new rent include council tax?

(h)If yes, the amount that will be included for council tax is:

(i)Will the new rent include water charges?

(j)If yes, the amount that will be included for water charges is:

Section 4

Details of premises.

(a) What type of accommodation is rented?

(b) If it is a flat or room(s) what floor(s) is it on?

Ground□ First□ Second□ Other□ (Please specify)

(c) Give the number and type of rooms, eg living room, bathroom etc.

....................

....................

(d) Does the tenancy include any other facilities, eg garden, garage or other separate building or land?

Yes□ No□

(e) If yes, please give details:

....................

....................

....................

(f) Is any of the accommodation shared with:

(i)the landlord?

(ii)another tenant or tenants?

(g) If yes, please give details:

....................

....................

....................

Section 4

Give a full explanation of why each ground is being relied on:

....................

....................

....................

Continue on a separate sheet if necessary.

Section 4

(a)The existing rent is:

(b)Does the rent include council tax?

(c)If yes, the amount that is included for council tax is:

(d)Does the rent include water charges?

(e)If yes, the amount that is included for water charges is:

5. (a)The proposed new rent will be:

(b)Will the new rent include council tax?

(c)If yes, the amount that will be included for council tax will be:

(d)Will the new rent include water charges?

(e)If yes, the amount that will be included for water charges will be:

Section 4

When did the present tenancy begin?

....................

Section 4

Please send it to:

....................

....................

....................

....................

no later than ....................

Section 4

(a) I/We* understand that under my/our* existing tenancy, I/we* can only be required to give up possession in accordance with the grounds set out in Schedule 2 to the Housing Act 1988, whereas under the new shorthold tenancy, the landlord(s) will be able to recover possession of the premises without being required to prove a ground for possession, after the first six months of the assured shorthold tenancy, or, if there is a fixed term for longer than 6 months, at the end of that fixed term, subject to two months’ notice.

Signed

....................

....................

....................

Date ....................

Section 4

Name and address of landlord.

To be signed and dated by the landlord or his agent (someone acting for him). If there are joint landlords each landlord or the agent must sign unless one signs on behalf of the rest with their agreement.

Signed ....................

....................

....................

Date ....................

Section 5

Name and address of landlord or tenant proposing the changes

To be signed and dated by the landlord or his agent (someone acting for him) or the tenant or his agent. If there are joint landlords or joint tenants each landlord/tenant or the agent must sign unless one signs on behalf of the rest with their agreement.

Signed ....................

....................

....................

Section 5

When did the statutory periodic tenancy begin?

....................

Section 5

The court proceedings will not begin until after:

....................

Give the earliest date on which court proceedings can be brought

•Where the landlord is seeking possession on grounds 1, 2, 5 to 7, 9 or 16, court proceedings cannot begin earlier than 2 months from the date this notice is served on you (even where one of grounds 3, 4, 8, 10 to 13, 14A, 15 or 17 is specified) and not before the date on which the tenancy (had it not been assured) could have been brought to an end by a notice to quit served at the same time as this notice.

•Where the landlord is seeking possession on grounds 3, 4, 8, 10 to 13, 14A, 15 or 17, court proceedings cannot begin earlier than 2 weeks from the date this notice is served (unless one of 1, 2, 5 to 7, 9 or 16 grounds is also specified in which case they cannot begin earlier than two months from the date this notice is served).

•Where the landlord is seeking possession on ground 14 (with or without other grounds), court proceedings cannot begin before the date this notice is served.

•Where the landlord is seeking possession on ground 14A, court proceedings cannot begin unless the landlord has served, or has taken all reasonable steps to serve, a copy of this notice on the partner who has left the property.

•After the date shown in section 5, court proceedings may be begun at once but not later than 12 months from the date on which this notice is served. After this time the notice will lapse and a new notice must be served before possession can be sought.

Section 5

(a) Did you pay a premium?

Yes□ No□

Section 5

(a) When did the present tenancy begin?

....................

(b) When does the present tenancy end?

....................

(c)Does the tenancy replace an original tenancy?

Section 5

If you fail to comply with this notice without reasonable cause you will be committing a criminal offence and may be liable to a fine.

Section 6

Services.

(a) Are any services provided under the tenancy (eg cleaning, lighting, heating, hot water or gardening etc.)?

Yes□ No□

(b) If yes, please give details:

....................

....................

....................

(c) Is a separate charge made for services, maintenance, repairs, landlords’ costs of management or any other item?

Yes□ No□

(d)If yes, what charge is payable?

(e)Does the charge vary according to the relevant costs?

(f) If yes, please give details:

....................

....................

....................

Section 6

Name and address of landlord/licensor*.

To be signed and dated by the landlord or licensor or his agent (someone acting for him). If there are joint landlords each landlord or the agent must sign unless one signs on behalf of the rest with their agreement.

Signed ....................

....................

Section 6

Name and address of landlord.

To be signed and dated by the landlord or his agent (someone acting for him). If there are joint landlords each landlord or the agent must sign unless one signs on behalf of the rest with their agreement.

Signed ....................

....................

Date ....................

Section 6

Services

(a) Are any services provided under the tenancy (eg cleaning, lighting, heating, hot water or gardening)?

Yes□ No□

(b) If yes, please give details:

....................

....................

....................

(c) If yes, is a separate charge made for services, maintenance, repairs, landlord’s costs of management or any other item?

Yes□ No□

(d)What charge is payable?

(e) Does the charge vary according to the relevant costs?

Yes□ No□

(f) If yes, please give details:

....................

....................

....................

Section 6

(a) If the tenancy began before 28th February 1997, please confirm by ticking the box that you received a notice saying that the tenancy was to be an assured shorthold tenancy before the agreement was entered into.□

(b) Attach a copy of the notice, if available. It will be returned to you as soon as possible.