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(2) 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(3) 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.".

Regulation 2(e)

SCHEDULEFORMS

FORM No. 6A

FORM No. 6B

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.