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Last EFIS release: 10/2003 (March 2003)

Form status: New/Amended

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.

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