The Leasehold Reform (Notices) (Amendment) (No. 2) (England) Regulations 2002

Statutory Instruments

2002 No. 3209

LANDLORD AND TENANT, ENGLAND

The Leasehold Reform (Notices) (Amendment) (No. 2) (England) Regulations 2002

Made

20th December 2002

Laid before Parliament

10th January 2003

Coming into force

10th April 2003

The Secretary of State, in exercise of the powers conferred on him by section 66 of the Landlord and Tenant Act 1954(1), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Leasehold Reform (Notices) (Amendment) (No. 2) (England) Regulations 2002 and shall come into force on 10th April 2003.

(2) These Regulations extend to England only.

Amendment

2.  In the Schedule to the Leasehold Reform (Notices) Regulations 1997(2) for Form 3, substitute the Form in the Schedule to these Regulations.

Application

3.  These Regulations shall apply to a notice in reply given by a landlord, in accordance with paragraph 7(1) of Schedule 3 of the Leasehold Reform Act 1967(3), on or after the date these Regulations come into force.

Signed by authority of the First Secretary of State

Tony McNulty

Parliamentary Under-Secretary of State,

Office of the Deputy Prime Minister

20th December 2002

Regulation 2

SCHEDULE FORM OF LANDLORD'S NOTICE UNDER PART 1 OF THE LEASEHOLD REFORM ACT 1967

FORM LEASEHOLD REFORM ACT 1967

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Leasehold Reform (Notices) Regulations 1997 and provide a new form to be used by landlords replying to claims for enfranchisement and extension of long leaseholds under the Leasehold Reform Act 1967. Provisions of this Act which are relevant to the Form in the Schedule to these Regulations have been amended by the Commonhold and Leasehold Reform Act 2002 as mentioned in the Notes to the Form. The new Form is to be used for notices in reply given on or after the date these Regulations come into force. Forms which are substantially to the same effect as those prescribed may also be used.

(1)

1954 c. 56. Section 66(1) and (2) was amended by S.I. 1974/1896. Section 66 of the Landlord and Tenant Act 1954 is applied to notices under Part 1 of the Leasehold Reform Act 1967 (c. 88) by section 22(5) of that Act. The Secretary of State can exercise the power under this section only in relation to England: see article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

(2)

S.I. 1997/640; new forms 1 and 2 were substituted by S.I. 2002/1715.

(3)

1967 c. 88.