Statutory Instrument 1995 No. 2964

The Landlord and Tenant (Covenants) Act 1995 (Notices) Regulations 1995

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© Crown Copyright 1995

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1995 No. 2964

LANDLORD AND TENANT, ENGLAND AND WALES

The Landlord and Tenant (Covenants) Act 1995 (Notices) Regulations 1995

The Lord Chancellor, in exercise of the powers conferred on him by section 27 of the Landlord and Tenant (Covenants) Act 1995^[1] hereby makes the following Regulations:

    1.—(1)  These Regulations may be cited as the Landlord and Tenant (Covenants) Act 1995 (Notices) Regulations 1995 and shall come into force on 1st January 1996.

    (2)  In these Regulations, "the Act" means the Landlord and Tenant (Covenants) Act 1995, and a form referred to by number means the form so numbered in the Schedule to these Regulations.

    2.    The forms prescribed for the purposes of the Act shall be as follows, or in each case a form substantially to the like effect:

PURPOSE OF NOTICE	FORM TO BE USED
(a)  (i) Landlord informing a former tenant or guarantor of such a tenant of an amount payable in respect of a fixed charge under a covenant of the tenancy which the landlord intends to recover from that person under section 17 of the Act	Form 1
(ii) Landlord informing a former tenant or guarantor of such a tenant of a revised, greater amount payable in respect of a fixed charge under a covenant of the tenancy which the landlord intends to recover from that person under section 17 of the Act	Form 2
(b)  (i) Landlord applying to be released from all the landlord covenants of the tenancy on assignment of his entire interest under sections 6 and 8 of the Act	Whole of Form 3 (landlord to complete Part I only)
(ii) Tenant objecting to the landlord's release under section 8 of the Act	Part II of Form 3
(iii) Tenant consenting to the landlord's release and withdrawing a notice objecting to such release under section 8 of the Act	Notice in writing stating that tenant is now consenting and that the notice of objection is withdrawn
(c)  (i) Landlord applying to be released from the landlord covenants of the tenancy to the appropriate extent on assignment of part only of his interest under sections 6 and 8 of the Act	Whole of Form 4 (landlord to complete Part I only)
(ii) Tenant objecting to the landlord's release under section 8 of the Act	Part II of Form 4
(iii) Tenant consenting to the landlord's release and withdrawing a notice objecting to such release under section 8 of the Act	Notice in writing stating that tenant is now consenting and that the notice of objection is withdrawn
(d)  (i) Former landlord applying to be released from all the landlord covenants of the tenancy on a subsequent assignment of the landlord's interest under sections 7 and 8 of the Act	Whole of Form 5 (landlord to complete Part I only)
(ii) Tenant objecting to the former landlord's release under section 8 of the act	Part II of Form 5
(iii) Tenant consenting to the former landlord's release and withdrawing a notice objecting to such release under section 8 of the Act	Notice in writing stating that tenant is now consenting and that the notice of objection is withdrawn
(e)  (i) Former landlord who assigned part only of his interest applying to be released from the landlord covenants of the tenancy to the appropriate extent on a subsequent assignment of the landlord's interest under sections 7 and 8 of the Act	Whole of Form 6 (landlord to complete Part I only)
(ii) Tenant objecting to the former landlord's release under section 8 of the Act	Part II of Form 6
(iii) Tenant consenting to the former landlord's release and withdrawing a notice objecting to such release under section 8 of the Act	Notice in writing stating that tenant is now consenting and that the notice of objection is withdrawn
(f)  (i) Tenant and tenant's assignee jointly applying for an apportionment of liability under the covenants of the tenancy to become binding on the appropriate person under sections 9 and 10 of the Act	Whole of Form 7 (tenant and assignee to complete Part I only)
(ii) Appropriate person objecting to the apportionment becoming binding on that person under section 10 of the Act	Part II of Form 7
(iii) Appropriate person consenting to the apportionment becoming binding on that person and withdrawing a notice objecting to the apportionment becoming so binding under section 10 of the Act	Notice in writing stating that appropriate person is now consenting and that the notice of objection is withdrawn
(g)  (i) Landlord and landlord's assignee jointly applying for an apportionment of liability under the covenants of the tenancy to become binding on the appropriate person under sections 9 and 10 of the Act	Whole of Form 8 (landlord and assignee to complete Part I only)
(ii) Appropriate person objecting to the apportionment becoming binding on that person under section 10 of the Act	Part II of Form 8
(iii) Appropriate person consenting to the apportionment becoming binding on that person and withdrawing a notice objecting to the apportionment becoming so binding under section 10 of the Act	Notice in writing stating that appropriate person is now consenting and that the notice of objection is withdrawn

Mackay of Clashfern, C.

Dated 9th November 1995

[1] 1995 c. 30. back

Explanatory Note