The Secure Tenancies (Notices) (Amendment) (Wales) Regulations 2005
Made
Coming into force
The National Assembly for Wales, in exercise of the powers conferred upon it by section 83(2) and (7) of the Housing Act 19851, hereby makes the following Regulations:
Name, commencement and application1.
(1)
These Regulations are called the Secure Tenancies (Notices) (Amendment) (Wales) Regulations 2005 and come into force on 30 April 2005.
(2)
These Regulations apply to Wales only.
Amendment: notice to be served before proceedings for a demotion order2.
(1)
The Secure Tenancies (Notices) Regulations 19872 are amended as follows.
(2)
After regulation 2, add —
“3.
The notice to be served on a secure tenant under section 83 of the Housing Act 1985 before the court can entertain proceedings for a demotion order under section 82A3 of that Act, shall be in the form specified in Part III of the Schedule to these Regulations, or in a form substantially to the same effect.”
(3)
In the Schedule, after Part II add —
“PART IIINotice before proceedings for a demotion order”.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 19984
D. Elis-Thomas
The Presiding Officer of the National Assembly
(This note is not part of the Regulations)
These Regulations amend the Secure Tenancies (Notices) Regulations 1987 as they apply in Wales to prescribe the form of notice which should be served on a secure tenant before a landlord begins proceedings for a demotion order under section 82A of the Housing Act 1985.
Section 14 of the Anti-social Behaviour Act 2003 amended Part 4 of the Housing Act 1985 to allow a secure tenancy to be brought to an end and replaced with a less secure demoted tenancy by a demotion order made by a county court.
Section 83 of the Housing Act 1985, as amended by section 14 of the Anti-social Behaviour Act 2003, provides that a court may not entertain proceedings for a demotion order unless either a notice in the prescribed form and containing certain specified information has been served on the secure tenant, or the court considers it just and equitable to dispense with such a notice.
