Several new prescribed form notices for assured shorthold tenancies (ASTs) became effective from 6th April 2015.
If you are serving any of these notices, particularly in relation to the section 8 eviction process, it is important that you use the new form as the existing forms are no longer effective and will result in a failed application.
The forms have been amended by statutory Instrument (2015 No. 620) with reference to Landlord and Tenant Law England, The Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015 coming into force – 6th April 2015
This is as a result of the Anti-Social Behaviour Crime and Policing Act 2014 given Royal Assent in March 2014. It amends the Housing Act 1988 to include new mandatory grounds (7A & 14A) for possession based on anti-social behaviour.
This is a summary of the prescribed forms for the purposes of Part I (rented accommodation) of the Housing Act 1988:
- Form No 1 – for a notice under section 6(2) proposing terms of a statutory periodic tenancy different from the implied terms;
- Form No. 2 for an application under section 6(3) referring a notice under section 6(2) to a tribunal;
- Form No. 3 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. 4 for a notice under section 13(2) proposing a new rent for an assured tenancy of premises situated in England;
- Form No. 5 for a notice under section 13(2) proposing a new rent or licence fee for an assured agricultural occupancy of premises situated in England;
- Form No. 6 for an application under section 13(4) referring to a tribunal a notice under section 13(2) relating to an assured tenancy or an assured agricultural occupancy;
- Form No. 7 for an application under section 22(1) to a tribunal for a determination of rent under an assured shorthold tenancy;
- Form No. 8 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. 9 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.
Following Royal Assent in March 2014 of the Deregulation Bill a prescribed form section 21 notice will become effective in the near future. This notice will replace the existing Section 21 Notice Fixed-Term s21(1)(b), and Section 21 Notice Periodic s21(4)(a), which were not prescribed form notices, with just one prescribed form notice.
The updated prescribed form notices are all available here
Several New Prescribed Form Notices for Assured Shorthold Tenancies (ASTs) became Effective from 6th April 2015 – http://t.co/GpU0GnJ1at
— LandlordZONE (@LandlordZONE) April 7, 2015