The Landlord and Tenant Act 1954, Part II (Notices) (Amendment) Regulations 1989

Statutory Instruments

1989 No. 1548

LANDLORD AND TENANT

The Landlord and Tenant Act 1954, Part II (Notices) (Amendment) Regulations 1989

Made

24th August 1989

Laid before Parliament

6th September 1989

Coming into force

29th September 1989

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred by section 66 of the Landlord and Tenant Act 1954(1), and now vested in them(2), and of all other powers enabling them in that behalf, hereby make the following Regulations–

1.  These Regulations may be cited as the Landlord and Tenant Act 1954, Part II (Notices) (Amendment) Regulations 1989 and shall come into force on 29th September 1989.

2.  Schedule 2 to the Landlord and Tenant Act 1954, Part II (Notices) Regulations 1983(3) is amended as follows–

(1) for forms number 1, 3, 13 and 15 substitute the forms with those numbers in the Schedule to these Regulations;

(2) for the last paragraph of the notes in forms number 2 and 4 to 12 substitute–

• “The Department of the Environment and Welsh Office booklet “Business Leases and Security of Tenure” explains the main provisions of Part II of the 1954 Act. It is available from the Department of the Environment Publications Store, Building No. 3, Victoria Road, South Ruislip, Middlesex.”;

(3) for the last paragraph of the notes in forms number 14 and 16 to 18 substitute–

• “The Department of the Environment and Welsh Office booklet “Business Leases and Security of Tenure” explains the main provisions of Part II of the 1954 Act. The Department of the Environment and Welsh Office booklet “Leasehold Reform” (booklet no. 9 in the series of housing booklets) gives details of the rights of leaseholders to claim to buy the freehold or to have an extension to the lease of their house. “Business Leases and Security of Tenure” is available from the Department of the Environment Publications Store, Building No. 3, Victoria Road, South Ruislip, Middlesex and “Leasehold Reform” is available from council offices and housing aid centres.”.

Signed by authority of the Secretary of State

David Hunt

Minister of State,

Department of the Environment

22nd August 1989

Signed by authority of the Secretary of State

Ian Grist

Parliamentary Under Secretary of State, Welsh Office

24th August 1989

SCHEDULE

Form Number 1 LANDLORD'S NOTICE TO TERMINATE BUSINESS TENANCY*(Landlord and Tenant Act 1954, section 25)

Form Number 3 LANDLORD'S NOTICE TO TERMINATE BUSINESS TENANCY WHERE CHANGE REQUIRED AT FUTURE DATE ON GROUNDS OF PUBLIC INTEREST*(Landlord and Tenant Act 1954, sections 25 and 57)

Form Number 13 LANDLORD'S NOTICE TO TERMINATE BUSINESS TENANCY WHERE LEASEHOLD REFORM ACT 1967 MAY APPLY*Landlord and Tenant Act 1954, section 25 and Leasehold Reform Act 1967, Schedule 3, paragraph 10)

Form Number 15 LANDLORD'S NOTICE TO TERMINATE BUSINESS TENANCY WHERE CHANGE REQUIRED AT FUTURE DATE ON GROUNDS OF PUBLIC INTEREST AND WHERE LEASEHOLD REFORM ACT 1967 MAY APPLY*(Landlord and Tenant Act 1954, sections 25 and 57 and Leasehold Reform Act 1967, Schedule 3, paragraph 10)

Explanatory Note

(This note is not part of the Regulations)

These Regulations replace forms 1, 3, 13 and 15 (notices terminating business tenancies to which Part II of the Landlord and Tenant Act 1954 applies) in Schedule 2 to the Landlord and Tenant Act 1954, Part II (Notices) Regulations 1983. The notices now expressly require a tenant to notify the landlord whether he is willing to give up possession of the property let to him as well as whether he is unwilling to do that. The Regulations also update a reference to a booklet in the forms prescribed by the 1983 Regulations.

(1)

1954 c. 56.

(2)

S.I. 1974/1896.

(3)

S.I. 1983/133.