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

Statutory Instruments

1995 No. 2964

LANDLORD AND TENANT, ENGLAND AND WALES

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

Made

9th November 1995

Laid before Parliament

20th November 1995

Coming into force

1st January 1996

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under section 8 of the Act	Notice in writing stating that tenant is now consenting and that the notice of objection is withdrawn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

SCHEDULE

FORM 1 NOTICE TO FORMER TENANT OR GUARANTOR OF INTENTION TO RECOVER FIXED CHARGE(2)(Landlord and Tenant (Covenants) Act 1995, section 17)

FORM 2 FURTHER NOTICE TO FORMER TENANT OR GUARANTOR OF REVISED AMOUNT DUE IN RESPECT OF A FIXED CHARGE(3)(Landlord and Tenant (Covenants) Act 1995, section 17)

FORM 3 PART ILANDLORD'S NOTICE APPLYING FOR RELEASE FROM LANDLORD COVENANTS OF A TENANCY ON ASSIGNMENT OF WHOLE OF REVERSION(Landlord and Tenant (Covenants) Act 1995, sections 6 and 8)

PART IITENANT'S RESPONSE TO LANDLORD'S NOTICE APPLYING FOR RELEASE FROM LANDLORD COVENANTS OF A TENANCY ON ASSIGNMENT OF WHOLE OF REVISION(Landlord and Tenant (Covenants) Act 1995, section 8)

FORM 4 PART ILANDLORD'S NOTICE APPLYING FOR RELEASE FROM LANDLORD COVENANTS OF A TENANCY ON ASSIGNMENT OF PART OF REVERSION(Landlord and Tenant (Covenants) Act 1995, sections 6 and 8)

PART IITENANTS RESPONSE TO LANDLORD'S NOTICE APPLYING FOR RELEASE FROM LANDLORD COVENANTS OF A TENANCY ON ASSIGNMENT OF PART OF REVERSION(Landlord and Tenant (Covenants) Act 1995, section 8)

FORM 5 PART IFORMER LANDLORD'S NOTICE APPLYING FOR RELEASE FROM LANDLORD COVENANTS OF A TENANCY(Landlord and Tenant (Covenants) Act 1995, section 7 and 8)

PART IITENANT'S RESPONSE TO FORMER LANDLORD'S NOTICE APPLYING FOR RELEASE FROM LANDLORD COVENANTS OF A TENANCY(Landlord and Tenant (Covenants) Act 1995, section 8)

FORM 6 PART IFORMER LANDLORD'S NOTICE APPLYING FOR RELEASE FROM LANDLORD COVENANTS OF A TENANCY (FORMER LANDLORD HAVING ASSIGNED PART OF REVERSION)(Landlord and Tenant (Covenants) Act 1995, section 7 and 8)

PART IITENANT'S RESPONSE TO FORMER LANDLORD'S NOTICE APPLYING FOR RELEASE FROM LANDLORD COVENANTS OF A TENANCY (FORMER LANDLORD HAVING ASSIGNED PART OF REVERSION)(Landlord and Tenant (Covenants) Act 1995, section 8)

FORM 7 PART IJOINT NOTICE BY TENANT AND ASSIGNEE FOR BINDING APPORTIONMENT OF LIABILITY UNDER NON-ATTRIBUTABLE TENANT COVENANTS OF A TENANCY ON ASSIGNMENT OR PART OF PROPERTY(Landlord and Tenant (Covenants) Act 1995, sections 9 and 10)

PART IILANDLORD'S RESPONSE TO JOINT NOTICE BY TENANT AND ASSIGNEE SEEKING BINDING APPORTIONMENT OF LIABILITY UNDER NON-ATTRIBUTABLE TENANT COVENANTS OF A TENANCY ON ASSIGNMENT OF PART OF PROPERTY(Landlord and Tenant (Covenants) Act 1995, section 10)

FORM 8 PART IJOINT NOTICE BY LANDLORD AND ASSIGNEE FOR BINDING APPORTIONMENT OF LIABILITY UNDER NON-ATTRIBUTABLE LANDLORD COVENANTS OF A TENANCY ON ASSIGNMENT OF PART OF REVERSION(Landlord and Tenant (Covenants) Act 1995, sections 9 and 10)

PART IITENANT'S RESPONSE TO JOINT NOTICE BY LANDLORD AND ASSIGNEE SEEKING BINDING APPORTIONMENT OF LIABILITY UNDER NON-ATTRIBUTABLE LANDLORD COVENANTS OF A TENANCY ON ASSIGNMENT OF PART OF REVERSION(Landlord and Tenant (Covenants) Act 1995, section 10)

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the forms of notices to be used for the purposes of the Landlord and Tenant (Covenants) Act 1995. The forms are to be used for—

• notification by a landlord to a former tenant or guarantor who remains liable in respect of a covenant of the tenancy to pay a fixed charge, that sums for which he is liable under that covenant have become due and remain unpaid; and that the landlord intends to recover them from that person (Form 1);

• further notification by a landlord to a former tenant or guarantor, that a sum payable in respect of a fixed charge of which he has been given notice has now been determined to be greater than specified in the original notice, and that the landlord intends to recover the greater sum from that person (Form 2);

• a landlord’s application for release from the covenants in the tenancy on assignment of his interest and for the tenant’s response to this application (Form 3);

• a landlord’s appliation for release from the covenants in the tenancy to the appropriate extent on assignment of part of his interest and for the tenant’s response to this application (Form 4);

• a former landlord’s application for release from the covenants in the tenancy on a subsequent assignment of the landlord’s interest or part of it and for the tenant’s response to this application (Form 5);

• a former landlord’s application for release from the covenants in the tenancy to the appropriate extent on a subsequent assignment of the landlord’s interest or part of it, where the former landlord assigned only part of the reversion, and for the tenant’s response to this application (Form 6);

• an application by a tenant who assigns only part of his interest and the assignee to make an apportionment of their liability under certain covenants of the tenancy binding on the other party to the tenancy, and for the other party’s response to this application (Form 7);

• in application by a landlord who assigns only part of his interest and the assignee to make an apportionment of their liability under certain covenants of the tenancy binding on the other party to the tenancy, and for the other party’s response to this application (Form 8).

Reproductions or facsimiles of the notices may be used provided that they are substantially in the same form as prescribed in the Schedule to the regulations, including the notes.

(1)

1995 c. 30.

(2)

The Act defines a fixed charge as (a) rent, (b) any service charge (as defined by section 18 of the Landlord and Tenant Act 1985, disregarding the words “of a dwelling”) and (c) any amount payable under a tenant covenant of the tenancy providing for payment of a liquidated sum in the event of failure to comply with the covenant.

(3)

The Act defines a fixed charge as (a) rent, (b) any service charge (as defined by section 18 of the Landlord and Tenant Act 1985, disregarding the words “of a dwelling”) and (c) any amount payable under a tenant covenant of the tenancy providing for payment of a liquidated sum in the event of failure to comply with the covenant.