The Landlord and Tenant (Notice of Rent) (England) Regulations 2004

Statutory Instruments

2004 No. 3096

LANDLORD AND TENANT, ENGLAND

The Landlord and Tenant (Notice of Rent) (England) Regulations 2004

Made

22nd November 2004

Laid before Parliament

30th November 2004

Coming into force

28th February 2005

The First Secretary of State, in exercise of the powers conferred by section 166 of the Commonhold and Leasehold Reform Act 2002(1), hereby makes the following Regulations:

Citation, commencement, application and interpretation

1.—(1) These Regulations may be cited as the Landlord and Tenant (Notice of Rent) (England) Regulations 2004 and shall come into force on 28th February 2005.

(2) These Regulations apply in relation to dwellings(2) in England only(3).

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

Additional content and form of notice of rent due

2.—(1) A notice under subsection (1) of section 166 of the 2002 Act (requirement to notify long leaseholders that rent is due) shall 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, his 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 shall be in the form set out in the Schedule to these Regulations.

Signed by authority of the First Secretary of State

Keith Hill

Minister of State,

Office of the Deputy Prime Minister

22nd November 2004

Regulation 2

SCHEDULE FORM OF RENT DEMAND NOTICE

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 2 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 2 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).

A Regulatory Impact Assessment has been prepared in connection with these Regulations. A copy may be obtained from the Office of the Deputy Prime Minister, Leasehold Reform Branch, Zone 2/J6 Eland House, Bressenden Place, London SW1E 5DU (Tel [phone]).

(1)

2002 c. 15. See the definition of “prescribed” in section 166(9) and the definition of “the appropriate national authority” in section 179(1).

(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)

The powers conferred by section 166 of the Commonhold and Leasehold Reform Act 2002 are exercisable, as respects Wales, by the National Assembly for Wales. See the definition of “prescribed” in section 166(9) and the definition of “the appropriate national authority” in section 179(1).