The Assured Tenancies (Notice to Tenant) Regulations 1981

Statutory Instruments

1981 No. 591

LANDLORD AND TENANT

The Assured Tenancies (Notice To Tenant) Regulations 1981

Made

7th April 1981

Coming into Operation

14th May 1981

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 upon them by sections 56(7) and 151 of the Housing Act 1980 and of all other powers enabling them in that behalf, thereby make the following regulations:—

1.  These regulations may be cited as the Assured Tenancies (Notice to Tenant) Regulations 1981 and shall come into operation on 14th May 1981. E+W

Commencement Information

I1 Reg. 1 in force at 14.5.1981, see reg. 1

[F1 1A.   These Regulations apply in relation to England only.] W

Textual Amendments

F1 Reg. 1A inserted (W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2022 (S.I. 2022/907), reg. 1(2), Sch. 1 para. 3

2.  The requirements with which a notice is to comply in order to be valid for the purposes of section 56(6) of the Housing Act 1980 are that it shall be in the form set out in the Schedule to these regulations or in a form substantially to the like effect. E+W

Commencement Information

I2 Reg. 2 in force at 14.5.1981, see reg. 1

Signed by authority of the Secretary of State

John Stanley

Minister for Housing and Construction

Department of the Environment

2nd April 1981

Nicholas Edwards

Secretary of State for Wales

7th April 1981

SCHEDULE E+W NOTICE OF THE GRANT OF A PROTECTED OR HOUSING ASSOCIATION TENANCY BY A BODY APPROVED UNDER SECTION 56(4) OF THE HOUSING ACT 1980

Commencement Information

I3 Sch. in force at 14.5.1981, see reg. 1

The landlord must give this to the tenant before the grant of the tenancy if a dwelling house which could be let on an assured tenancy is instead to be let on a protected or housing association tenancy.

To .....................................................

(Name of proposed tenant)

PLEASE READ THIS NOTICE CAREFULLY AND KEEP IT

1. You are proposing to take a tenancy of the dwelling known as .......... ....................................................................................

from .......(day) ..............(month) 19... (year).

*2. This notice is to tell you that your tenancy is to be a protected tenancy and not an assured tenancy. Full details about protected tenancies are given in the Department of the Environment and Welsh Office booklet “Regulated Tenancies” obtainable free from Rent Officers, council offices and housing aid centres.

*2. This notice is to tell you that your tenancy is to be a housing association tenancy and not an assured tenancy. Full details about housing association tenancies are given in the Department of the Environment and Welsh Office booklets “Housing Association Rents” and “The Tenants’ Charter—New Rights for council, new town and housing association tenants”. Both are obtainable free from Rent Officers, council offices and housing aid centres.

3. This notice is given to you on ................. (date).

Signed

(on behalf of) .....................................................................................................................................

(name and address of landlord)

a body approved by the Secretary of State under

............................................................................

(Title and number of Order granting approval)

*The landlord must delete whichever does not apply.

EXPLANATORY NOTE

Tenancies of dwelling houses granted by bodies approved under section 56 of the Housing Act 1980 are assured tenancies (within the meaning of that Act) if the conditions of section 56 are satisfied. An approved body wishing to let the dwelling house on a protected tenancy or, as the case may be, a housing association tenancy, rather than an assured tenancy, may do so by giving the tenant a valid notice to this effect before the grant of the tenancy.

Section 56(7) of the 1980 Act provides that a notice is not valid unless it complies with the requirements of regulations made by the Secretary of State. These regulations require that the notice is in the form set out in the Schedule or in a form substantially to the like effect.