Statutory Instruments
2021 No. 994
Landlord And Tenant, England
The Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021
Made
6th September 2021
Laid before Parliament
8th September 2021
Coming into force in accordance with regulation 1(2) and (3)
The Secretary of State for Housing, Communities and Local Government makes the following Regulations in exercise of the powers conferred by section 83(2)(a) and (7) of the Housing Act 1985( 1 ), sections 8(3) and 21(8) of the Housing Act 1988( 2 ) and section 88(1) and (5) of, and paragraphs 1(2) and 14(1) of Schedule 29 to, the Coronavirus Act 2020( 3 ).
Citation, commencement, extent, application and interpretation
(2) Subject to paragraph (3), these Regulations come into force on 30th September 2021.
(3) Regulations 3 to 6 and the Schedules come into force on 1st October 2021.
(4) These Regulations extend to England and Wales.
(5) These Regulations apply in relation to England.
Amendment of definition of “relevant period” in Schedule 29
Suspension of provisions in Schedule 29
Amendment of the Secure Tenancies (Notices) Regulations 1987
4. In the Secure Tenancies (Notices) Regulations 1987( 6 ), for the notice specified in Part 2 of the Schedule, substitute the notice set out in Schedule 1 to these Regulations.
Amendment of the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015
5. In the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015( 7 )—
(a) omit regulation 3A( 8 );
(b) in the Schedule, for Form No 3 and Form No 6A set out in the Schedule to those Regulations, substitute the equivalent form set out in Schedule 2 to these Regulations.
Transitional provision
(2) The amendments made by regulations 4 and 5 do not apply in relation to—
(a) a notice served or proceedings brought under section 83 of the Housing Act 1985;
(b) a notice served or proceedings brought under section 8 of the Housing Act 1988; or
(c) a notice given under section 21(1) or (4) of the Housing Act 1988,
before regulation 4 or 5 comes into force.
(3) In this regulation, “ relevant notice ” means—
(a) a Rent Act notice to quit( 9 );
(b) a notice of intention to commence possession proceedings given under section 3 of the Rent Act 1977( 10 );
(c) a notice served under section 83 of the Housing Act 1985;
(d) a notice given under section 107D(4) of the Housing Act 1985( 11 );
(e) a notice served under section 8 of the Housing Act 1988;
(f) a notice given under section 21(1) or (4) of the Housing Act 1988;
(g) a notice served under section 128 of the Housing Act 1996( 12 ); or
(h) a notice served under section 143E of the Housing Act 1996( 13 ).
Signed by authority of the Secretary of State for Housing, Communities and Local Government
Eddie Hughes
Minister of State
Ministry of Housing, Communities and Local Government
6th September 2021
Regulation 4
SCHEDULE 1 Notice of seeking termination of tenancy and recovery of possession under section 83 of the Housing Act 1985
Regulation 5
SCHEDULE 2 Forms prescribed for the purposes of sections 8 and 21 of the Housing Act 1988
1985 c. 68 . Section 83 was substituted, together with section 83A, by section 147(1) of the Housing Act 1996.
1988 c. 50 . Section 8(3) was amended by section 151(3) of the Housing Act 1996 (c. 52) and section 97(2)(a) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) . Section 21(8) was inserted by section 37 of the Deregulation Act 2015 (c. 20) . See section 45 for the meaning of “prescribed”.
2020 c. 7 . The powers conferred by section 88(1) of, and paragraph 1(2) of Schedule 29 to, the Coronavirus Act 2020 are exercisable in England by the Secretary of State. For the relevant definitions of “relevant national authority” see section 88(7) of, and paragraph 1(3)(a) of Schedule 29 to, that Act.
Paragraph 1(1)(b) was amended, in relation to England, by S.I. 2020/914 , 2021/284 and 2021/564 .
S.I. 2020/914 suspended, in relation to England, paragraph 3 (for some purposes), paragraph 4, paragraph 6(a) and (b), paragraph 10(1)(a)(i) and (b) and paragraph 12(1)(c) and (d). Paragraph 12(1) was suspended by S.I. 2021/562 . Paragraph 12(2) was suspended by S.I. 2020/924 . Schedule 29 has been amended, in relation to England, by S.I. 2020/914 , 2021/284 and 2021/564 .
S.I. 2015/620 , relevant amending instruments are S.I. 2015/1646 , 2016//443 and 2021/562 .
Regulation 3A was inserted by S.I. 2015/1646 .
For the definition of “Rent Act notice to quit” see paragraph 2(2) of Schedule 29 to the Coronavirus Act 2020.
Inserted by section 154 of the Localism Act 2011.
Inserted by section 14(5) and paragraph 1 of Schedule 1 to the Anti-social Behaviour Act 2003.