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

Last EFIS release: 59/2013 (June 2013)

Form status: New/Amended

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.

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