1990 No. 1059

HOUSING, ENGLAND AND WALES

The Housing (Change of Landlord) (Prescribed Forms) (Amendment) Regulations 1990

Made11th May 1990

Coming into force31st May 1990

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 on them by sections 108, 111(b), 112 and 114(1)1 of the Housing Act 19882, and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement1

These Regulations may be cited as the Housing (Change of Landlord) (Prescribed Forms) (Amendment) Regulations 1990 and shall come into force on 31st May 1990.

Amendment to Regulations2

1

The Housing (Change of Landlord) (Prescribed Forms) Regulations 19893 are amended inaccordance with this regulation.

2

In regulation 2 (General interpretation), the following definitions are inserted in the appropriate place in alphabetical order —

“capital expenditure on housing” means —
a
in a case where the relevant financial year starts on or after 1st April 1990, the amount which is certified by an auditor appointed by the Audit Commission for Local Authorities in England and Wales as the expenditure of the landlord incurred duringthe relevant financial year for capital purposes (within the meaning of section 40 of the Local Government and Housing Act 1989) inthe exercise of housing functions under the Housing Act 19854, the Housing Associations Act 19855, the Act and the 1989 Act;
b
in any other case, the amount which is certified by such auditor as the expenditure (being expenditure included in thecapital accounts of the landlord) incurred by the landlord during the relevant financial year in the exercise of housing functions under the Housing Act 1985, the Housing Associations Act 1985 and the Act;
“financial year” means a period of twelve months beginning on 1st April;
“relevant financial year” means the financial year which, at the date of the service of the notice referred to in section 99(7), is the most recent financial year for which the audit of the landlord’s accounts has been concluded;
“relevant payment” means any payment (other than that of interest) in respect of any disposal cost under Part IV of the Act which,at the date of the notice referred to in section 99(7), the landlord has an obligation to makeduring any financial year after the financial year in which that notice was served or given;

3

In regulation 3(Forms), after the words “disposal cost” in paragraph there are added the words “and the form of notice and information to be used under section 99(1), as the alternative to the form of notice and information under section 99(7), by a landlord in notifying the applicant of the landlord’s intention to pay the disposal cost by instalments and furnishing information required by section 99(8)”.

4

In regulation 3, after paragraph (g) the following two paragraphs are added —

h
the form set out in Schedule 8 to these Regulations shall be the form of notice and information to be used under section 99(7), as the alternative to the form of notice and information under section 99(1), by a landlord in notifying an applicant ofthe landlord’s intention to pay the disposal cost by instalments and furnishing information required by section 99(8);
i
the form set out in Schedule 9 to these Regulations shall be the form of statement to be included in the statement to be furnishedto the Chief Land Registrar in accordance with paragraph 3(1) of Schedule 12 to the Act (registration of title and related matters).

5

For the form set out in Schedule 4 (notice under section 99(1) of the Act) there is substituted the form set out in Schedule 1 to these Regulations.

6

In the form set out in Schedule 5, the following paragraph is added after paragraph 6 in Part F —

6A
Payment by instalments
1
The disposal cost is not such that regulations under section 104(2A) permit it to be paid by instalments.
2
The basis on which, in accordance with regulations under section 104(2A), the disposal cost is to be paid by instalments is as follows:

7

After Schedule 7, there are added the Schedule (Schedule 8 to those Regulations) set out in Schedule 2 to these Regulations and the Schedule (Schedule 9 to those Regulations) set out in Schedule 3 to these Regulations.

Chris PattenSecretary of State for the Environment11th May 1990

David HuntSecretary of State for Wales9th May 1990

SCHEDULE 1

Regulation 2(5)

FORM 4CHANGE OF LANDLORD

HOUSING ACT 1988: SECTION 99(1) AND (8)

NOTICE SPECIFYING LANDLORD'S PURCHASE PRICE OR DISPOSAL COST

INFORMATION REQUIRED FOR PAYMENT OF DISPOSAL COST BY INSTALMENTS

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SCHEDULE 2

Regulation 2(7)

SCHEDULE 8
Regulation 3(h)
FORM 8CHANGE OF LANDLORD

HOUSING ACT 1988: SECTION 99(7) AND (8)

NOTICE OF LANDLORD'S INTENTION TO PAY DISPOSAL COST BY INSTALMENTS

INFORMATION REQUIRED FOR PAYMENT OF DISPOSAL COST BY INSTALMENTS

SCHEDULE 3

Regulation 2(7)

SCHEDULE 9
Regulation 3(i)
FORM 9CHANGE OF LANDLORD

HOUSING ACT 1988: SCHEDULE 12 PARAGRAPH 3(1)

STATEMENT REQUIRED ON TERMINATION OF LEASE GRANTED UNDER SECTION 104(1)(b)

(This note is not part of the Regulations)

These Regulations amend the Housing (Change of Landlord) (Prescribed Forms) Regulations 1989 (“the principal Regulations”), whichprescribe forms for use in connection with the right to acquire conferred by Part IV of the Housing Act 1988 (“the Act”). With exceptions, the amendments relate to the payment of a disposal cost by instalments provided for in the amendments made tosections 99, 103 and 104 of the Act by section 174 of the Local Government and Housing Act 1989.

Regulation 2(3) and (4) amends regulation 3(forms) of the principal Regulations and adds a reference to a new form, which is added as Schedule 8 to the principal Regulations by regulation 2(7). This is the form of notice, under section 99(7), of the landlord’s intention to pay a disposal cost by instalments and of information required by section 99(8) to be furnished to the applicant after certification on behalf of the landlord and by an appointed auditor. The information and the manner of certification are prescribed inthe Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) Regulations 1990 (S.I.1990/1019).

Regulation 2(5) substitutes for the form in Schedule 4 to the principal Regulations (notice under section 99(1) of the Act) a new form, set out in Schedule 1 to these Regulations. This form, which includes the substance of the previous form of notice under section99(1), is the form of notice under that subsection, and of notice and information under subsections (7) and (8) to which the form in the new Schedule 8 tothe principal Regulations is the alternative.

Regulation 2(6) inserts material relating to payment of a disposal cost by instalments in the form set out in Schedule 5 to the principal Regulations (which is the form of notice to be used by an applicant under section 103(1)).

The exceptions relate to the procedures on termination of leases granted under section 104(1)(b) of the Act. Paragraph 3(1) of Schedule 12 requires the landlord to furnish a prescribed statement to the Chief Land Registrar. Regulation 2(4) adds the form of statement to the forms referred to in regulation 3 of the principal Regulations: regulation 2(7) inserts Schedule 9 (set out in Schedule 3to these Regulations), the form of statement. The circumstances of termination in which the statement is required to be furnished, and the time of furnishing, are prescribed in the Housing (Change of Landlord) (Amendment) Regulations 1990 (S.I.1990/1033).