OpenLegislation

Regulation 2 Amendments

Original text. Later amendments are not shown.

The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1988f1 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. 8f2 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.”.

Annotations

Footnotes

f1

S.I. 1988/2203; amended by S.I. 1989/146 and 1990/1532.

f2

Substituted by S.I. 1990/1532.