The Landlord and Tenant (Notices) Regulations 1967

APPENDIX 2 Amendments to Forms 7, 8 and 9 where the tenancy is a long tenancy at a low rent and the tenant is not a company or other artificial person

1.  Form 7 shall be amended as follows:—

(a) After paragraph 4 the following new paragraphs shall be inserted:—

“Tenant's possible alternative rights under Part I of the Leasehold Reform Act 1967

See Note 8

5.   If you have a right under Part I of the Leasehold Reform Act 1967 to acquire the freehold or an extended lease of property comprised in the tenancy, you must give me notice of your desire to have the freehold or an extended lease not later than two months after the service of this notice: in that event, this Notice will not operate, and I will [or will not, as the case may be] be entitled to apply to the county court for possession of the premises under section 17 [or 18, as the case may be] of that Act and propose [or do not propose, as the case may be] to do so.

6.   The following are the names and addresses of other persons known or believed by me to have an interest superior to your tenancy or to be the agent concerned with the premises on behalf of a person having such an interest—

[The names and addresses of any such persons should be stated here]”

(b) After Note 7 the following new Note shall be inserted:—

“8.   Rights under Part II of the Landlord and Tenant Act 1954 are in addition to, and distinct from, any right the tenant may have under the Leasehold Reform Act 1967 to acquire the freehold or an extended lease of the premises. Any such right must however, be exercised by service of the appropriate notice (in the form prescribed by the Leasehold Reform (Notices) Regulations 1967) within 2 months of the giving of this Notice. As a general rule, a person has such a right if:—

(a) he has his only or main residence in a house which he occupies under a tenancy granted for more than 21 years at a rent which is less than two-thirds of its rateable value;

(b) he has so occupied the house for at least the previous 5 years or a total of 5 out of the previous 10 years; and

(c) the house has a rateable value not exceeding £400 in Greater London, or £200 elsewhere.

If the tenant establishes his right to acquire the freehold or an extended lease, but the landlord is nevertheless entitled under the provisions of the Act of 1967 to obtain possession, the compensation payable to the tenant upon leaving the premises will be an amount assessed as provided in that Act, which will normally be higher than compensation at the rate mentioned in Note 5 above.”

2.  Form 8 shall be amended as follows:—

(a) After paragraph 3 the following new paragraphs shall be inserted:—

“Tenant's possible alternative rights under Part I of the Leasehold Reform Act 1967

See Note 3

4.   If you have a right under Part I of the Leasehold Reform Act 1967 to acquire the freehold or an extended lease of property comprised in the tenancy, you must give me notice of your claim to be so entitled not later than 2 months after the service of this Notice; in that event, this Notice will not operate, but I will be entitled to apply to the county court for possession of the premises under section 17 of that Act, and propose to do so.

5.   The following are the names and addresses of other persons known or believed by me to have an interest superior to your tenancy or to be the agent concerned with the premises on behalf of a person having such an interest—

[The names and addresses of any such persons should be stated here]”

(b) At the end of Note 3 there shall be inserted the words:—

“(A tenant who is entitled under Part I of the Leasehold Reform Act 1967 to acquire the freehold or an extended lease of property comprised in the tenancy and gives notice (in the form prescribed by the Leasehold Reform (Notices) Regulations 1967) claiming that right is entitled instead to be paid compensation for the loss of that property in accordance with Schedule 2 of that Act. As a general rule, a person is so entitled if:—

(a) he has his only or main residence in a house which he occupies under a tenancy granted for more than 21 years at a rent which is less than two-thirds of its rateable value;

  

(b) he has so occupied the house for at least the previous 5 years or a total of 5 out of the previous 10 years; and

  

(c) the house has a rateable value not exceeding £400 in Greater London, or £200 elsewhere.)”

3.  Form 9 shall be amended as follows:—

(a) After paragraph 5 the following new paragraphs shall be inserted:—

“Tenant's possible alternative rights under Part I of the Leasehold Reform Act 1967

See Note 5

6.   If you have a right under Part I of the Leasehold Reform Act 1967 to acquire the freehold or an extended lease of property comprised in the tenancy, you must give me notice of your claim to be so entitled not later than 2 months after the service of this Notice; in that event, this Notice will not operate, but I will in due course be entitled to apply to the county court for possession of the premises under section 17 of that Act, and propose to do so.

7.   The following are the names and addresses of other persons known or believed by me to have an interest superior to your tenancy or to be the agent concerned with the premises on behalf of a person having such an interest—

[The names and addresses of any such persons should be stated here]”

(b) At the end of Note 5 there shall be inserted the words:—

“(A tenant who is entitled under Part I of the Leasehold Reform Act 1967 to acquire the freehold or an extended lease of property comprised in the tenancy and gives notice (in the form prescribed by the Leasehold Reform (Notices) Regulations 1967) claiming that right is entitled instead to be paid compensation upon leaving the premises in accordance with Schedule 2 of that Act. As a general rule, a person is so entitled if:—

(a) he has his only or main residence in a house which he occupies under a tenancy granted for more than 21 years at a rent which is less than two-thirds of its rateable value;

  

(b) he has so occupied the house for at least the previous 5 years or a total of 5 out of the previous 10 years; and

  

(c) the house has a rateable value not exceeding £400 in Greater London, or £200 elsewhere.)”