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EFIS 10, March 2003 : Landlord & Tenant

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Following a consultation paper, the Office of the Deputy Prime Minister has produced the Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003 which amends section 13 of the Housing Act 1988, in respect of the procedure for landlords who wish to increase the rent payable under assured periodic tenancies.

These procedural amendments have led to the Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) (England) Regulations 2003 prescribing two new forms, 4B (Oyez form HA33B) and 4C (Oyez Form HA33C) which replace the current form 4A (Oyez form HA33) for use in England from 11th February.

HA33B is a new form where landlords propose a new rent for an assured periodic tenancy under section 13(2) of the Housing Act 1988.

HA33C is also a new form for use either by landlords or licensors who propose either a new rent or licence fee in respect of an assured agricultural occupancy under section 13(2) of the Housing Act 1988.

Paragraph 3(2) of these Regulations allows HA33 to be used in England until 11th April but not thereafter when HA33B and HA33C should be used in the circumstances outlined above.

Customers in Wales should note that the Welsh Assembly has prescribed two new forms, 4D and 4E for use from 18th February in the Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) (Wales) Regulations 2003. However, forms 4D and 4E are bilingual and contain a provision that the notice is to be completed in the language of the original tenancy agreement unless both landlord and tenant agree to the use of a different language. Since Oyez does not publish forms in the Welsh language, we are unable to offer 4D and 4E to customers in Wales.

On EFIS No. 34 last July, we informed customers that the Leasehold Reform (Notices) (Amendment) (England) Regulations had re-prescribed L&T50 and L&T52 for use in England only. The National Assembly for Wales has now approved the Leasehold Reform (Notices) (Amendment) (Wales) Regulations 2002 which amend L&T50(W) and L&T52(W) for use in Wales and we enclose updated versions of these two forms for our customers who practice in Wales. Since these Regulations came into force on 1st January, only Welsh practitioners should use the amended versions of L&T50(W) and L&T52(W). Likewise, the Long Residential Tenancies (Principal Forms) (Amendment) (Wales) Regulations 2003 amended LGH1 and LGH2 from 28th February about which we had notified English practitioners on EFIS No. 42 in September 2002.

Customers in Wales should use LGH1(W) and LGH2(W) immediately on receipt.

Also, we have taken the opportunity to re-issue AGREE3A and AGREE19 which we supplied you on EFIS 56 last December due to minor corrections on page 1 of each form as well as minor field amendments to forms L&T24 and L&T26.

Forms affected

L&T50(W) Notice of Tenant's Claim to Acquire the Freehold or an Extended Lease (WALES) New/Amended
L&T52(W) Notice of Tenant's Claim Under Section 28 (1) (b) (ii)(WALES) New/Amended
RR35 Section 93 (Notice of Increase of Rent by a Housing Association) New/Amended
RR23 Request by Tenant under a Housing Association Tenancy to Landlord to Supply Statement of Rent under previous Tenancy New/Amended
HA4B Housing Act 1985(Landlord's offer Notice (Flat) New/Amended
HA4A Housing Act 1985(Landlord's offer Notice (House) New/Amended
L&T60 Housing Action Area (Notification to local authority of dispodal of land New/Amended
L&T59 Housing Action Area (Notification to Local Authority that Tenancy is About to Expire) New/Amended
L&T58 Housing Action Area (Notification of Notice to Quit) New/Amended
AGREE19 Agreement for Letting an Unfurnished Dwellinghouse on an Assured Shorthold Tenancy. New/Amended
HA33B Landlord's Notice Proposing a New Rent Under an Assured Periodic Tenancy of Premises Situated in England - [LTA4B] New/Amended
HA33C Landlord's or Licensor's Notice Proposing a New Rent or Licence Fee under an Assured Agricultural Occupancy of Premises Situated in England - [LTA4C] New/Amended
LGH1(W) Landlord's Notice Terminating Long Residential Tenancy and Proposing Assured Tenancy New/Amended
LGH2(W) Landlord's Notice Terminating Long Residential Tenancy and Seeking Possession New/Amended
HA24 Notice of Student Letting: Recovery of Possession of Dwellinghouse Let on Assured Tenancy M- [LT20G] New/Amended
AGREE3A Agreement for Letting Offices. New/Amended
L&T24 Landlord's Notice to Terminate Business Tenancy where the Leasehold Reform Act 1967 may Apply New/Amended
L&T26 Tenants Request for New Tenancy of Business Premises 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.