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Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015
These Regulations introduce a new prescribed form for a notice under section 21(1) or (4) of the Housing Act 1988 ("the Act") informing a tenant that the landlord intends to seek recovery of possession of a property let on an assured shorthold tenancy ("a section 21 notice") and new restrictions on the use of the "no fault" eviction procedure for assured shorthold tenancies where a landlord has not complied with certain obligations.
These Regulations apply in relation to an assured shorthold tenancy of a dwelling-house in England granted on or after 1st October 2015. The Regulations do not apply to an assured shorthold tenancy that came into being on or after 1st October 2015 on the coming to an end of an assured shorthold tenancy that was granted before that date.
Regulation 2: Compliance with prescribed legal requirements
This is the requirement to provide tenants with an energy performance certificate under regulation 6(5) of the Energy Performance of Buildings (England and Wales) Regulations 2012 and the requirement to provide tenants with a gas safety certificate under regulation 36 of the Gas Safety (Installation and Use) Regulations 1998. However, the requirement to provide tenants with a gas safety certificate is limited to the requirement on a landlord to give a copy of the relevant record to the tenant and the 28 day period for compliance with that requirement does not apply. The "no fault" (S21) eviction procedure for assured shorthold tenancies is not available to landlords at a time when either of the requirements has not been complied with.
Regulation 3: Requirement for landlord to provide prescribed information
This requires a landlord (managing agent) to provide tenants with a copy of the Department for Communities and Local Government's booklet entitled "How to rent: the checklist for renting in England". Landlords are not required to supply a further copy of the booklet each time a different version is published during a tenancy. The requirement does not apply where a landlord is a registered provider of social housing or where a landlord has already provided the tenant with an up-to-date version of the booklet under an earlier tenancy. The "no fault" (S21) eviction procedure for assured shorthold tenancies is not available to landlords at a time when the requirement has not been complied with.
Regulation 4 & 5: Amendments and Review of the Assured Tenancies and Agricultural Occupancies (Forms) and Regulations 2015
Regulation 4 amends the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015 to introduce a new prescribed form for a notice under paragraph (1) or (4) of section 21 of the Act informing a tenant that the landlord intends to seek recovery of possession of a dwelling-house let on an assured shorthold tenancy. Regulation 4 also makes a consequential amendment to Form 3 and inserts a new regulation which requires the Secretary of State to review the operation and effect of the requirement to use the prescribed form and publish a report within five years of 1st October 2015 and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the prescribed form should remain as it is, or be revoked or be amended. A further instrument would be needed to revoke the prescribed form or to amend it.
Regulation 5 requires the Secretary of State to review the operation and effect of regulations 2 and 3 of these Regulations in the same manner as the requirement to use the prescribed form.
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