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References to the rent assessment committee have been replaced by the First-tier Tribunal on some forms and by tribunal on other forms.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
- » HA30 - Notice Proposing Different Terms for a Statutory Periodic Tenancy - [LTA1]
- » HA31 - Application Referring a Notice Proposing Different Terms for a Statutory Periodic Tenancy to a Tribunal -[LTA2]
- » HA34 - Application Referring a Notice Proposing a New Rent under an Assured Periodic Tenancy or Agricultural Occupancy to a Tribunal -[LTA5]
- » HA36 - Application to a Tribunal for a Determination of a Rent Under an Assured Shorthold Tenancy -[LTA6]
- » HA38 - Landlord's Notice Proposing an Assured Shorthold Tenancy where the Tenancy meets the Conditions for an Assured Agricultural Occupancy - [LTA9]
- » L&T203 - Notice to Long Leaseholders of Rent Due - [LT61]
- » L&T204 - Services Charges - Summary of Tenants' Rights and Obligations - [LT64]
- » L&T205 - Administration Charges - Summary of Tenants' Rights and Obligations - [LT65]
- » LGH1 - Landlord's Notice Terminating Long Residential Tenancy and Proposing Assured Tenancy (Long Residential Tenancies)
- » LGH3 - Landlord's Notice Proposing an Interim Monthly Rent after Notice Terminating Long Residential Tenancy (Long Residential Tenancies)
- » LGH4 - Tenant's Notice Proposing Different Terms or Rent for an Assured Tenancy (Long Residential Tenancies)
- » LGH5 - Landlord's Application Referring Tenant's Notice Proposing Different Terms or Rent for a Proposed Assured Tenancy to a Tribunal (Long Residential Tenancies)
- » RR21 - Application for Registration of Fair Rent Use this form except in the special cases set out in the Note at the end of the form - [LTRA5]
- » RR22 - Notice of Increase of Rent under Regulated Tenancy where a Fair Rent has been Registered and the Increase is Subject to the Phasing Provisions of Schedule 8 to the Rent Act 1977
- » RR22A - Notice of Increase of Rent under Regulated Tenancy where a Fair Rent has been Registered and the Increase is NOT subject to the Phasing Provisions of Schedule 8 to the Rent Act 1977