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The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004

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Statutory Instruments

2004 No. 1005

LANDLORD AND TENANT, ENGLAND AND WALES

The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004

Made

30th March 2004

Laid before Parliament

6th April 2004

Coming into force

1st June 2004

The First Secretary of State, as respects England, and the National Assembly for Wales, as respects Wales, in exercise of the powers conferred by section 66 of the Landlord and Tenant Act 1954 (1) (including that section as it has effect as mentioned in section 22(5) of the Leasehold Reform Act 1967), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004 and shall come into force on 1st June 2004.

Interpretation

2.—(1) In these Regulations—

the Act” means the Landlord and Tenant Act 1954(2); and

“the 1967 Act” means the Leasehold Reform Act 1967(3).

(2) Any reference in these Regulations to a numbered form (in whatever terms) is a reference to the form bearing that number in Schedule 2 to these Regulations or a form substantially to the same effect.

Prescribed forms, and purposes for which they are to be used.

3.  The form with the number shown in column (1) of Schedule 1 to these Regulations is prescribed for use for the purpose shown in the corresponding entry in column (2) of that Schedule.

Revocation of Regulations

4.  The Landlord and Tenant Act 1954, Part II (Notices) Regulations 1983(4) and the Landlord and Tenant Act 1954, Part II (Notices) (Amendment) Regulations 1989(5) are hereby revoked.

Signed by authority of the First Secretary of State

Keith Hill

Minister of State,

Office of the Deputy Prime Minister

16th March 2004

Signed on behalf of the National Assembly for Wales

D. Elis- Thomas

Presiding Officer of the National Assembly

30th March 2004

Regulations 2(2) and 3

SCHEDULE 1PRESCRIBED FORMS, AND PURPOSES FOR WHICH THEY ARE TO BE USED

(1)(2)
Form numberPurpose for which to be used
1Ending a tenancy to which Part 2 of the Act applies, where the landlord is not opposed to the grant of a new tenancy (notice under section 25 of the Act).
2

Ending a tenancy to which Part 2 of the Act applies, where—

(a)

the landlord is opposed to the grant of a new tenancy (notice under section 25 of the Act); and

(b)

the tenant is not entitled under the 1967 Act to buy the freehold or an extended lease..

3Tenant’s request for a new tenancy of premises where Part 2 of the Act applies (notice under section 26 of the Act).
4Landlord’s notice activating tenant’s duty under section 40(1) of the Act to give information as to his or her occupation of the premises and as to any sub-tenancies.
5Tenant’s notice activating duty under section 40(3) of the Act of reversioner or reversioner’s mortgagee in possession to give information about his or her interest in the premises.
6Withdrawal of notice given under section 25 of the Act ending a tenancy to which Part 2 of the Act applies (notice under section 44 of, and paragraph 6 of Schedule 6 to, the Act).
7Ending a tenancy to which Part 2 of the Act applies, where the landlord is opposed to the grant of a new tenancy but where the tenant may be entitled under the 1967 Act to buy the freehold or an extended lease (notice under section 25 of the Act and paragraph 10 of Schedule 3 to the 1967 Act).
8

Ending a tenancy to which Part 2 of the Act applies, where:

(a)

the notice under section 25 of the Act contains a copy of a certificate given under section 57 of the Act that the use or occupation of the property or part of it is to be changed by a specified date;

(b)

the date of termination of the tenancy specified in the notice is not earlier than the date specified in the certificate; and

(c)

the tenant is not entitled under the 1967 Act to buy the freehold or an extended lease.

9

Ending a tenancy to which Part 2 of the Act applies, where:

(a)

the notice under section 25 of the Act contains a copy of a certificate given under section 57 of the Act that the use or occupation of the property or part of it is to be changed at a future date;

(b)

the date of termination of the tenancy specified in the notice is earlier than the date specified in the certificate;

(c)

the landlord opposes the grant of a new tenancy; and

(d)

the tenant is not entitled under the 1967 Act to buy the freehold or an extended lease.

10

Ending a tenancy to which Part 2 of the Act applies, where:

(a)

the notice under section 25 of the Act contains a copy of a certificate given under section 57 of the Act that the use or occupation of the property or part of it is to be changed at a future date;

(b)

the date of termination of the tenancy specified in the notice is earlier than the date specified in the certificate;

(c)

the landlord does not oppose the grant of a new tenancy; and

(d)

the tenant is not entitled under the 1967 Act to buy the freehold or an extended lease.

11Ending a tenancy to which Part 2 of the Act applies, where the notice under section 25 of the Act contains a copy of a certificate given under section 58 of the Act that for reasons of national security it is necessary that the use or occupation of the property should be discontinued or changed.
12

Ending a tenancy to which Part 2 of the Act applies, where—

(a)

the notice under section 25 of the Act contains a copy of a certificate given under section 58 of the Act (as applied by section 60 of the Act) that it is necessary or expedient for achieving the purpose mentioned in section 2(1) of the Local Employment Act 1972(6) that the use or occupation of the property should be changed; and

(b)

the tenant is not entitled under the 1967 Act to buy the freehold or an extended lease.

13

Ending a tenancy to which Part 2 of the Act applies, where:

(a)

the notice under section 25 of the Act contains a copy of a certificate given under section 57 of the Act that the use or occupation of the property or part of it is to be changed by a specified date; and

(b)

the date of termination of the tenancy specified in the notice is not earlier than the date specified in the certificate; and

(c)

the tenant may be entitled under the 1967 Act to buy the freehold or an extended lease.

14

Ending a tenancy to which Part 2 of the Act applies, where:

(a)

the notice under section 25 of the Act contains a copy of a certificate given under section 57 of the Act that the use or occupation of the property or part of it is to be changed at a future date;

(b)

the date of termination of the tenancy specified in the notice is earlier than the date specified in the certificate; and

(c)

the tenant may be entitled under the 1967 Act to buy the freehold or an extended lease the landlord opposes the grant of a new tenancy.

15

Ending a tenancy to which Part 2 of the Act applies, where:

(a)

the notice under section 25 of the Act contains a copy of a certificate given under section 58 of the Act (as applied by section 60 of the Act) that it is necessary or expedient for achieving the purpose mentioned in section 2(1) of the Local Employment Act 1972(7) that the use or occupation of the property should be changed; and

(b)

the tenant may be entitled under the 1967 Act to buy the freehold or an extended lease the landlord opposes the grant of a new tenancy.

16

Ending a tenancy of Welsh Development Agency premises where—

(a)

the notice under section 25 of the Act contains a copy of a certificate given under section 58 of the Act (as applied by section 60A of the Act) that it is necessary or expedient, for the purposes of providing employment appropriate to the needs of the area in which the premises are situated, that the use or occupation of the property should be changed; and

(b)

the tenant is not entitled under the 1967 Act to buy the freehold or an extended lease.

17

Ending a tenancy of Welsh Development Agency premises where:

(a)

the notice under section 25 of the Act contains a copy of a certificate given under section 58 of the Act (as applied by section 60A of the Act) that it is necessary or expedient, for the purposes of providing employment appropriate to the needs of the area in which the premises are situated, that the use or occupation of the property should be changed; and

(b)

the tenant may be entitled under the 1967 Act to buy the freehold or an extended lease.

Regulation 2(2)

SCHEDULE 2PRESCRIBED FORMS

Form 1LANDLORD'S NOTICE ENDING A BUSINESS TENANCY WITH PROPOSALS FOR A NEW ONE

Form 2LANDLORD’S NOTICE ENDING A BUSINESS TENANCY AND REASONS FOR REFUSING A NEW ONE

Form 3TENANT'S REQUEST FOR A NEW BUSINESS TENANCY

Form 4LANDLORD’S REQUEST FOR INFORMATION ABOUT OCCUPATION AND SUB-TENANCIES

Form 5TENANT’S REQUEST FOR INFORMATION FROM LANDLORD OR LANDLORD’S MORTGAGEE ABOUT LANDLORD’S INTEREST

Form 6LANDLORD’S WITHDRAWAL OF NOTICE TERMINATING TENANCY

Form 7LANDLORD’S NOTICE ENDING A BUSINESS TENANCY (WITH REASONS FOR REFUSING A NEW TENANCY) WHERE THE LEASEHOLD REFORM ACT 1967 MAY APPLY

Form 8NOTICE ENDING A BUSINESS TENANCY ON PUBLIC INTEREST GROUNDS

Form 9NOTICE ENDING A BUSINESS TENANCY WHERE A CHANGE IS REQUIRED AT A FUTURE DATE AND THE LANDLORD OPPOSES A NEW TENANCY

Form 10NOTICE ENDING A BUSINESS TENANCY WHERE A CHANGE IS REQUIRED AT A FUTURE DATE AND THE LANDLORD DOES NOT OPPOSE A NEW TENANCY

Form 11NOTICE ENDING A BUSINESS TENANCY ON GROUNDS OF NATIONAL SECURITY AND WITHOUT THE OPTION TO RENEW

Form 12NOTICE ENDING A BUSINESS TENANCY WHERE THE PROPERTY IS REQUIRED FOR REGENERATION

Form 13NOTICE ENDING A BUSINESS TENANCY ON PUBLIC INTEREST GROUNDS WHERE THE LEASEHOLD REFORM ACT 1967 MAY APPLY

Form 14NOTICE ENDING A BUSINESS TENANCY ON PUBLIC INTEREST GROUNDS WHERE A CHANGE IS REQUIRED AT A FUTURE DATE AND WHERE THE LEASEHOLD REFORM ACT 1967 MAY APPLY

Form 15NOTICE ENDING A BUSINESS TENANCY WHERE THE PROPERTY IS REQUIRED FOR REGENERATION AND THE LEASEHOLD REFORM ACT 1967 MAY APPLY

Form 16NOTICE ENDING A BUSINESS TENANCY OF WELSH DEVELOPMENT AGENCY PREMISES WHERE THE PROPERTY IS REQUIRED FOR EMPLOYMENT PURPOSES

Form 17NOTICE ENDING A BUSINESS TENANCY OF WELSH DEVELOPMENT AGENCY PREMISES WHERE THE PROPERTY IS REQUIRED FOR EMPLOYMENT PURPOSES AND THE LEASEHOLD REFORM ACT 1967 MAY APPLY

Explanatory Note

(This note is not part of the Regulations)

These Regulations replace the Landlord and Tenant Act 1954, Part II (Notices) Regulations 1983.

Regulation 3 of these Regulations prescribes the form of various notices relevant to business tenancies. The prescribed forms are set out in Schedule 2. Forms that are substantially to the same effect as those prescribed may be used (regulation 2(2)).

The purposes for which the prescribed forms are to be used are specified in Schedule 1.

The forms prescribed by these Regulations reflect amendments to Part 2 of the Landlord and Tenant Act 1954 made by the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. 2003/3096).

Regulation 4 revokes the Landlord and Tenant Act 1954, Part II (Notices) Regulations 1983 and the Landlord and Tenant Act 1954, Part II (Notices) (Amendment) Regulations 1989.

A full regulatory impact assessment has not been produced for this instrument, as it has no impact on the costs of businesses, charities or voluntary bodies.

(1)

1954 c. 56. The functions of the Secretary of State under section 66 (including that section as it has effect as mentioned in section 22(5) of the Leasehold Reform Act 1967) are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), to which there are amendments not relevant to these Regulations.

(2)

For amendments relevant to these Regulations, see the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. 2003/3096).

(3)

1967 c. 88. Amendments to Schedule 3 relevant to these Regulations are made by S.I. 2003/3096, Schedule 5, paragraphs 10 to13.

(4)

S.I. 1983/133.

(5)

S.I. 1989/1548.

(6)

1972 c. 5. Section 2(1) was repealed by the Industry Act 1972 (c. 63), except as applied by section 60(1) of the Landlord and Tenant Act 1954; see Part 1 of Schedule 4 to the Industry Act 1972. Its application continues by virtue of paragraph 2(a) of Part 2 of Schedule 2 to the Industrial Development Act 1982 (c. 52).

(7)

1972 c. 5. Section 2(1) was repealed by the Industry Act 1972 (c. 63), except as applied by section 60(1) of the Landlord and Tenant Act 1954; see Part 1 of Schedule 4 to the Industry Act 1972. Its application continues by virtue of paragraph 2(a) of Part 2 of Schedule 2 to the Industrial Development Act 1982 (c. 52).

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