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EFIS 59, June 2013 : Landlord & Tenant

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Schedule 2 of the Transfer of Tribunals Functions Order 2013 amends various pieces of secondary legislation which in turn amend the Landlord and Tenant forms listed.

The 2013 Order transfers the functions of the rent assessment committee to the First-tier Tribunal and the Upper Tribunal in England (but not Wales) on 1st July.

In particular, Schedule 2 amends the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997 which prescribe the Housing Act 1988 notices of 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 the 1997 Regulations prescribes forms for the purposes of Part 1 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.

Ordinarily, Oyez would never unilaterally amend official forms without the necessary Regulations being approved by Parliament and so 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.

Forms affected

HA30 Notice Proposing Different Terms for a Statutory Periodic Tenancy - [LTA1] New/Amended
HA31 Application Referring a Notice Proposing Different Terms for a Statutory Periodic Tenancy to a Rent Assessment Committee -[LTA2] New/Amended
HA34 Application Referring a Notice Proposing a New Rent under an Assured Periodic Tenancy or Agricultural Occupancy to a Tribunal -[LTA5] New/Amended
HA36 Application to a Tribunal for a Determination of a Rent Under an Assured Shorthold Tenancy -[LTA6] New/Amended
HA38 Landlord's Notice Proposing an Assured Shorthold Tenancy where the Tenancy meets the Conditions for an Assured Agricultural Occupancy - [LTA9] New/Amended
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] New/Amended
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 New/Amended
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 New/Amended
L&T204 Services Charges - Summary of Tenants' Rights and Obligations - [LT64] New/Amended
L&T205 Administration Charges - Summary of Tenants' Rights and Obligations - [LT65] New/Amended
L&T203 Notice to Long Leaseholders of Rent Due - [LT61] New/Amended
LGH1 Landlord's Notice Terminating Long Residential Tenancy and Proposing Assured Tenancy (Long Residential Tenancies) New/Amended
LGH3 Landlord's Notice Proposing an Interim Monthly Rent after Notice Terminating Long Residential Tenancy (Long Residential Tenancies) New/Amended
LGH4 Tenant's Notice Proposing Different Terms or Rent for an Assured Tenancy (Long Residential Tenancies) New/Amended
LGH5 Landlord's Application Referring Tenant's Notice Proposing Different Terms or Rent for a Proposed Assured Tenancy to a Tribunal (Long Residential Tenancies) New/Amended

Crown copyright forms are reproduced with the permission of the Controller of the Stationery Office. Law Society forms are reproduced with the permission of the Law Society. Legal Aid Forms are produced with the permission of the LSC.