The Landlord and Tenant (Notice of Rent) (Wales) Regulations 2005

Welsh Statutory Instruments

2005 No. 1355 (W.103)

LANDLORD AND TENANT, WALES

The Landlord and Tenant (Notice of Rent) (Wales) Regulations 2005

Made

17 May 2005

Coming into force

31 May 2005

The National Assembly for Wales, in exercise of the powers conferred by section 166 of the Commonhold and Leasehold Reform Act 2002(1), hereby makes the following Regulations:

Title, commencement and application

1.—(1) The title of these Regulations is the Landlord and Tenant (Notice of Rent) (Wales) Regulations 2005 and come into force on 31 May 2005.

(2) These Regulations apply in relation to dwellings(2) in Wales only.

Interpretation

2.  In these Regulations, “the 2002 Act” (“Deddf 2002”) means the Commonhold and Leasehold Reform Act 2002.

Additional content and form of notice of rent due

3.—(1) A notice under subsection (1) of section 166 of the 2002 Act (Requirement to notify long leaseholders that rent is due) must contain (in addition to the information specified in accordance with paragraphs (a) and (b) of subsection (2) of that section and, if applicable, paragraph (c) of that subsection) —

(a) the name of the leaseholder to whom the notice is given;

(b) the period to which the rent demanded is attributable;

(c) the name of the person to whom payment is to be made, and the address for payment;

(d) the name of the landlord by whom the notice is given and, if not specified pursuant to sub-paragraph (c) above, that landlord’s address; and

(e) the information provided in the notes to the form set out in the Schedule to these Regulations.

(2) A notice under subsection (1) of section 166 of the 2002 Act must be in the form set out in the Schedule to these Regulations, or a form substantially to the same effect.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3)

D. Elis-Thomas

The Presiding Officer of the National Assembly

17 May 2005

Regulation 3

SCHEDULE FORM OF RENT DEMAND NOTICE

COMMONHOLD AND LEASEHOLD REFORM ACT 2002, SECTION 166 NOTICE TO LONG LEASEHOLDERS OF RENT DUE

Explanatory Note

(This note is not part of the Regulations)

These Regulations relate to the form and content of notices requiring the payment of ground rent.

Regulation 3 supplements section 166(2) of the Commonhold and Leasehold Reform Act 2002, which requires a notice under section 166(1) of that Act relating to the payment of ground rent, to specify the amount due, the date on which the tenant is liable to make the payment and, if different, the date on which the tenant would have been liable to make the payment in accordance with the lease. The additional requirements specified in regulation 3 include the provision of notes for both leaseholders and landlords. The content of the notes is set out in the Schedule to the Regulations, as part of the prescribed form of notice under section 166(1).

(1)

2002 c. 15. See the definition of “prescribed” in section 166(9) of the 2002 Act. By virtue of section 179(1) of that Act, the National Assembly for Wales is “the appropriate national authority” as respects Wales.

(2)

See section 166(9) of the Commonhold and Leasehold Reform Act 2002 , the definition of “the 1985 Act” in section 179(2) of that Act, and section 2 of the Landlord and Tenant Act 1985.

(3)

1998 c. 38.