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Paper Forms Editorial

Range: Landlord & Tenant

*AMENDED LANDLORD & TENANT FORMS*

Schedule 2 of the Transfer of Tribunal Functions Order 2013 amends various pieces of secondary legislation which prescribe the official forms listed overleaf. 
 
References to the rent assessment committee have been replaced by the First-tier Tribunal on some forms and by tribunal on other forms. 
 
In particular, Schedule 2 amends the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997 which prescribe the Housing Act 1988 notices HA34, HA36 and HA38. 
 
However, Schedule 2 does not mention similar changes to Forms 1 and 2 of these 1997 Regulations which contain references to the rent assessment committee and the relevant Government Department cannot advise us when these two official forms will be updated in the future. 
 
The Government’s view is that the Schedule to these 1997 Regulations prescribes forms for use under Part I of the Housing Act 1988 which must set out either the exact terms contained in the relevant form or in a form “substantially to the same effect.” 
 
The Government therefore thinks that inserting a note on the Oyez forms HA30 and HA31 explaining the changes which will come into force on 1st July will not render them invalid in accordance with the above wording of the Schedule to the 1997 Regulations. 
 
Although Oyez would never unilaterally amend official forms without the necessary Regulations being approved by Parliament, we have reluctantly complied with the Government’s suggestion as the only practical solution in the current circumstances. 
 
Practitioners should therefore read the italicised notes carefully when completing HA30 and HA31. 
 
EXISTING FORMS SHOULD NOT BE USED AFTER 30TH JUNE. AMENDED FORMS WILL BE AVAILABLE BY THE END OF JUNE FOR USE ON OR AFTER 1st JULY.

List of forms affected