The Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) Regulations 1993

Made: 11th March 1993

Coming into force: 1st April 1993

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred upon them by sections 6(2) and (3), 13(2) and (4), 14A, 22(1), 41(2) and 45(1) and (5) of the Housing Act 1988[^f00001] and all other powers enabling them in that behalf, hereby make the following Regulations—

Citation and commencement

1

These Regulations may be cited as the Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) Regulations 1993 and shall come into force on 1st April 1993.

Amendments

2

The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1988[^f00002] are amended as follows—

• (a) after regulation 3(6) insert—

(6A) for a notice under section 14A(1) proposing a new rent to take account of the tenant’s liability to pay council tax for an assured tenancy or an assured agricultural occupancy, form no. 6A; (6B) for an application under section 14A(5)(a) referring to a rent assessment committee a notice under section 14A(1), form no. 6B.

• (b) in the Schedule, in paragraph 4 of form no. 1 for the words “This includes rates” in both places where they occur substitute—

• This includes council tax*
• This includes rates*

• (c) in the Schedule, after paragraph 5(b) of form no. 2, paragraph 4(b) of form no. 6 and paragraph 4(b) of form no. 8[^f00003] insert—

• (d) in the Schedule, in form no. 5—

• (i) at the end of the paragraph in the right hand column below the heading add—

• Do not use this form to propose an interim increase of rent under an assured periodic tenancy or agricultural occupancy on account of council tax (use form no. 6A instead).

• (ii) in paragraphs 3 and 4 for “This includes/excludes* rates” substitute—

• This includes council tax*
• This includes rates*

• (iii) in paragraph 4 after “rates*” as so substituted insert—

• If you are required to include in your rent payments for council tax and you refer this notice to a rent assessment committee, the rent the committee determines will be inclusive of council tax.

; and

• (iv) for the footnote to paragraphs 3 and 4 substitute—

• Cross out if this does not apply.

• (v) after paragraph 4 insert—

(5) The landlord or superior landlord pays council tax in respect of the property Council tax is not payable in respect of the property A landlord may be liable for council tax if the property is in a house in multiple occupation, unless the property is an exempt dwelling. The main exemption is where the residents of such a dwelling are students or recent school or college leavers.

; and

• (vi) as a footnote to paragraph 5 insert—

• *Cross out if this does not apply.

• (e) after form no. 6 in the Schedule insert, as forms no. 6A and no. 6B, the forms in the Schedule to this Order;

• (f) at the end of paragraph 3 of form no. 7 in the Schedule insert—

• If the rent includes a payment for council tax, the rent determined by the committee will be inclusive of council tax.

• (g) in the Schedule, in paragraph 12 of form no. 8—

• (i) for “This includes/excludes* rates of” substitute—

• This includes council tax*.

• This includes rates*.

• (ii) for the footnote, substitute—

• Cross out if this does not apply.

SCHEDULE — FORMS

FORM No. 6A

FORM No. 6B

Signed

Michael Howard — Secretary of State for the Environment — 11th March 1993

David Hunt — Secretary of State for Wales — 11th March 1993

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1988 and are consequential on the introduction of the council tax under the Local Government Finance Act 1992. They amend forms No. 1 and 2 and 5 to 8 prescribed by those Regulations and they prescribe two new forms. The new forms relate to the transitional case under the Local Government Finance (Housing) (Consequential Amendments) Order 1993 in which rent under an assured tenancy or agricultural occupancy may be increased to take into account a tenant’s liability to make payments to his landlord in respect of council tax.

Footnotes

[^f00001]: 1988 c. 50; section 14A was inserted by paragraph 8 of Schedule 2 to the Local Government Finance (Housing) (Consequential Amendments) Order 1993 (S.I. 1993/651) and has effect in transitional cases; and see the definition of “prescribed” in section 45(1).

[^f00002]: S.I. 1988/2203; amended by S.I. 1989/146 and 1990/1532.

[^f00003]: Substituted by S.I. 1990/1532.