Statutory Forms for assured and assured shorthold tenancies under the Housing Act 1988

Commencement:

These forms take effect and should be used for assured and assured shorthold tenancies after 28th February 1997.  References to the Housing Act 1988 include amendments by the 1996 Act.

General Forms & Notices:

The following forms are required by the Housing Act 1988 or related statutes.  There is no prescribed form so the forms are drafted supplied in our own standard format.

Notice Requiring Possession (Fixed Term Tenancy) - Housing Act 1988, section 21(1)(b)

This notice is used in order to terminate an assured shorthold tenancy (AST) held on a fixed term.

This notice must contain certain prescribed information, and since February 28 1997, must be in writing.

The notice can be served at any time during the fixed term of a tenancy regardless of whether or not the notice expires during the fixed term or the periodic term, and must provide a minimum of two months' notice.

Notice Requiring Possession (Periodic Tenancy) - Housing Act 1988, section 21(4)(a)

This notice is used in order to terminate an assured shorthold tenancy (AST) held on a periodic tenancy and may be served at any time during the periodic tenancy.

This notice must contain certain prescribed information, and since February 28 1997, must be in writing.

A periodic tenancy may arise either by agreement, or arises automatically (as a statutory periodic tenancy) at the end of an initial fixed term.  The length of notice given will depend on the length of the period.  For monthly tenancies, at least two months' notice must be given.  It is important that the notice expires on the last day of a period of the tenancy.  (see Letting Factsheet No. 21 for a fuller explanation).

Notice of Assured Shorthold Tenancy - Housing Act 1988, s20. (no longer provided in pack)

This notice is no longer required.  It was served prior to granting an AST prior to February 28 1997.

Notice of Assured Tenancy - Housing Act 1988, Schedule 2a.

Since February 28th 1997 it has been a  requirement of the Housing Act 1988 as amended, to notify the tenant in writing when the tenancy is intended to be an assured tenancy and not an assured shorthold tenancy. 

Notification by Landlord of Address for Service of Notices - Landlord and Tenant Act 1987, s.48

It is a requirement that a landlord shall provide tenants with an address in England or Wales where notices may be served upon their landlord.  This can be the address of the managing agent.  Where such notice is incorporated into the tenancy agreement no separate notice is required.

Notice that Possession Might be Recovered of a Dwelling Let on an Assured Tenancy - Housing Act 1988, Schedule 2  (Grounds requiring prior notice)

It is sometimes necessary to serve notice on the tenant where a landlord will need to rely on one of the prior notice grounds as specified in Sch. 2 of the Act (e.g. Landlord letting own home (Ground 1), property subject to mortgage (Ground 2) etc.)  Also, building Societies  often require that the landlord serves such notice. 

The Act 1988 requires that, where such notice is to be given, the tenant be notified no later than the start of the tenancy that these grounds may be relied upon to recover possession at some time in the future.  Where such notice is incorporated into the tenancy agreement no separate notice is required.

Prescribed Forms: 

The following forms are prescribed by regulations made under the Housing Act 1988 as amended by the Housing Act 1996.

Form 1 - 'Notice proposing different terms for Statutory Periodic Tenancy' - Housing Act 1988 s.6(2)

Use this form if you wish to alter any of the terms of a statutory periodic tenancy.

A statutory periodic tenancy automatically arises at the expiry of a fixed term tenancy and the terms in the original agreement will continue to apply.  The notice must be served within twelve months of the former tenancy coming to an end and must provide the landlord or tenant at least three months notice of the proposed change.  The form should not be used to propose an increase or decrease in rent unless the change in rent is in order to take into account the changes proposed on the form.  If the landlord and  tenant are in agreement regarding the proposed changes, the proposed terms become part of the terms of the agreement on the effective date stated in the notice.

Form 2 - 'Application referring Notice proposing different terms for a Statutory Periodic ... ' - s.6(3)

If the tenant or landlord do not agree to the new terms in form 1, they may refer the matter to the local rent assessment committee using form 2.  The notice must be referred to the rent assessment committee within the three months of the date stated on the original proposal form.

Form 3 - 'Notice seeking possession of a property ... ' - Housing Act 1988 s.8

This form must be served on an assured or AST tenant prior to commencing proceedings under Grounds 1-17.

A landlord seeking possession of the property that is let on an assured or assured shorthold tenancy is required to serve a notice on the tenant prior to commencing proceedings.  The notice must state the reasons or grounds why possession is required and the words used for each ground should be exactly as they appear in the Act.  There are two different types of grounds, mandatory and discretionary.  The notice period that you must provide the tenant with will depend upon which ground you are relying.  For grounds 1, 2, 5, 6, 7, 9 or 16 the minimum notice period is two months from  the date of the notice.  For grounds 3, 4, 8, 10, 11, 12, 13, 14A, 15 or 17 the notice period is a minimum of two weeks from the date of the notice.  For ground 14 proceedings may begin immediately after the notice is served.  Proceedings must commence within twelve months of expiry of the notice.  A landlord may rely upon more than one ground for possession and grounds can be added to the form after the commencement of proceedings however only with the permission of the court.

Form 4 - 'Landlord's Notice proposing a new rent ... ' - s.13(2) of Housing Act 1988

This form should be used to propose an increase in rent during a statutory periodic tenancy to the tenant but is not required if landlord and tenant can agree a new rent between them or if there is a rent fixing mechanism in the contract.  If the tenant does not agree to the increase the tenant can apply to the rent assessment committee who will decide what a fair rent for the property is.  The new rent must take effect at the beginning of a period of the tenancy and in the case of a statutory periodic tenancy  be served immediately after the coming to end of a fixed term tenancy to take effect one month later.  In the case of contractual periodic tenancies, a new rent cannot be proposed until one year after the start of the contractual tenancy and must also provide the tenant with one months notice.  In both cases the notice can be served at yearly intervals thereafter. 

Form 8 - 'Tenant's notice proposing that an Assured Tenancy be replaced ... ' - Sch. 2A, Housing Act 1988

This form is for use in cases where the tenant wishes to change the tenancy from an assured tenancy into an assured shorthold tenancy.  Normally this would give the tenant less security of tenure and a landlord cannot insist that a tenant complete this form. 

Form 9 - Notice proposing Assured Shorthold Tenancy for agricultural worker -Sch 2A, Housing Act 1988

Where a landlord wishes to let a property on an assured shorthold tenancy, to a person who meets the conditions of an agricultural worker as defined in Schedule 3 of the Housing Act 1988 he must first issue this notice to the prospective tenant(s).

Service of Notices:

Statutory notices should be served either by personal service on each tenant or using postal service to each tenant by recorded or registered post.

Letting Centre Statutory Forms Pack.

The Statutory forms pack (ref SF01) contains a copy of each of the above forms.

NB. Forms 5,6 & 7 are forms which are used by the Rent Assessment Committee or issued to the tenant following reference of a rent to the Rent Assessment Committee and therefore not included in the forms pack

Further information The Letting Centre, website: www.letlink.co.uk