These Regulations may be cited as the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997 and shall come into force on 28th February 1997.
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.
The forms prescribed for the purposes of Part I (rented accommodation) of the Housing Act 1988 note 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.
(1)The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1988 note (“the 1988 Regulations"), the Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) Regulations 1989 note, the Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) Regulations 1990 note and the Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) Regulations 1993 note 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.
(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:
(3)Changes to the terms
(a)The existing provisions of the tenancy to be changed are:
(b)The proposed changes are:
(4)Changes to the rent (if applicable). Go to section 5 if this does not apply.
(5)Name and address of landlord or tenant proposing the changes
(2)Address of premises to which the tenancy relates:
(3)Name(s) of landlord(s)/agent*:
(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?
(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?
(e)If yes, please give details:
(f)Is any of the accommodation shared with:
(g)If yes, please give details:
(5)When did the statutory periodic tenancy begin?
(6)Services.
(a)Are any services provided under the tenancy (eg cleaning, lighting, heating, hot water or gardening etc.)?
(b)If yes, please give details:
(c)Is a separate charge made for services, maintenance, repairs, landlords’ costs of management or any other item?
(f)If yes, please give details:
(7)
(a)Is any furniture provided under the tenancy?
(b)If yes, please give details. Continue on a separate sheet if necessary or provide a copy of the inventory.
(8)What repairs are the responsibility of:
(a)the landlord? Continue on a separate sheet if necessary.
(b)the tenant? Continue on a separate sheet if necessary.
(9)Give details (if known) of the other terms of the tenancy, e.g. can you assign the tenancy (pass it on to someone else) and if so is a premium (a payment which is in addition to rent and equivalent to more than two months rent) payable on an assignment? Continue on a separate sheet if necessary.
(10)
(a)Is there a written tenancy agreement? Yes□ No□
(b)If yes, please attach the tenancy agreement (with a note of any variations). It will be returned to you as soon as possible.
(11)
(a)I/We* attach a copy of the notice proposing changes to the statutory periodic tenancy and, if applicable, an adjustment of the amount of rent and apply for it to be considered by the rent assessment committee.
(2)Your landlord/licensor* intends to apply to the court for an order requiring you to give up possession of:
(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):
(4)Give a full explanation of why each ground is being relied on:
(5)The court proceedings will not begin until after:
(b)If it is a flat or room(s) what floor(s) is it on?
(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?
(e)If yes, please give details:
(f)Do you share any accommodation with
(g)If yes to either of the above, please give details:
(4)When did the present tenancy begin?
(5)Any other information relevant to the application
(a)Did you pay a premium?
(6)Services
(a)Are any services provided under the tenancy (eg cleaning, lighting, heating, hot water or gardening)?
(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?
(e)Does the charge vary according to the relevant costs?
(f)If yes, please give details:
(7)
(a)Is any furniture provided under the tenancy?
(b)If yes, please give details. Continue on a separate sheet if necessary or attach a copy of the inventory:
(8)Improvements
(a)Have you, or any former tenant(s) carried out improvements or replaced fixtures, fittings or furniture for which you or they were not responsible under the terms of the tenancy?
(b)If yes, please give details. Continue on a separate sheet if necessary:
(9)What repairs are the responsibility of:
(a)the landlord?
(b)the tenant?
(b)If yes, please attach the tenancy agreement (with a note of any variations). It will be returned to you as soon as possible.
(11)Do you have an assured agricultural occupancy?
(12)
(a)I/we* attach a copy of the notice proposing a new rent under the assured periodic tenancy and I/we* apply for it to be considered by the rent assessment committee.
(b)If it is a flat or room(s) what floor(s) is it on?
(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?
(e)If yes, please give details:
(f)Do you share any accommodation with:
(g)If yes to either of the above, please give details:
(5)Any other information relevant to the application
(a)When did the present tenancy begin?
(b)When does the present tenancy end?
(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.
(7)
(a)Did you pay a premium?
(8)Services.
(a)Are any services provided under the tenancy (eg cleaning, lighting, heating, hot water or gardening)?
(b)If yes, please give details:
(c)Is a separate charge made for services, maintenance, repairs, landlord’s costs of management or any other item?
(e)Does the charge vary according to the relevant costs?
(f)If yes, please give details:
(9)
(a)Is any furniture provided under the tenancy?
(b)If yes, please give details. Continue on a separate sheet if necessary or provide a copy of the inventory.
(10)What repairs are the responsibility of:
(a)the landlord. Continue on a separate sheet if necessary:
(b)the tenant. Continue on a separate sheet if necessary:
(11)
(a)Give details (if known) of the other terms of the tenancy, eg whether the tenancy is assignable and whether a premium may be charged on an assignment. (Continue on a separate sheet if necessary).
(c)If yes, please attach the tenancy agreement (with a note of any variations). It will be returned to you as soon as possible.
(12)
(a)I/We* apply to the rent assessment committee to determine a rent for the above mentioned premises.
(3)I/We* propose that the new shorthold tenancy should commence on:
(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.