The Landlord and Tenant (Notices) Regulations 1967 No. 1831

Statutory Instruments

1967 No. 1831

LANDLORD AND TENANT

The Landlord and Tenant (Notices) Regulations 1967

Made

8th December 1967

Laid before Parliament

15th December 1967

Coming into Operation

19th December 1967

I, Gerald, Baron Gardiner, Lord High Chancellor of Great Britain, in exercise of the powers conferred on me by section 66 of the Landlord and Tenant Act 1954, hereby make the following Regulations:—

1.  These Regulations may be cited as the Landlord and Tenant (Notices) Regulations 1967, and shall come into operation on 19th December 1967.

2.  The Interpretation Act 1889, applies to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.

3.  In these Regulations, unless the context otherwise requires—

“the principal Regulations” means the Landlord and Tenant (Notices) Regulations 1957(1).

A form referred to by number means the form so numbered in the Appendix to the principal Regulations.

4.  For Forms 1 and 2 there shall be substituted the forms so numbered in Appendix 1 to these Regulations.

5.  Form 3 shall be amended as follows:—

(a) In Note 2, after the words “exceeding 21 years” there shall be inserted the words “at a rent which is less than two-thirds of the rateable value of the premises”.

(b) In Note 3, for the word “receipt” there shall be substituted the words “the giving”.

6.  Forms 7 and 9 shall be amended as follows:—

(a) In paragraph 2 for the word “receiving” there shall be substituted the words “the giving of”;

(b) In Note 2 for the word “receiving” there shall be substituted the words “the giving of”, and for the word “receipt” there shall be substituted the words “the giving”.

7.  Where a Notice is given for a purpose for which the use of Form 7, 8 or 9 is required by the principal Regulations, and it is given in respect of a tenancy which is a long tenancy at a low rent for the purposes of Part 1 of the Leasehold Reform Act 1967 and the tenant is not a company or other artificial person, the Notice shall be in Form 7, 8 or 9 as amended in accordance with the amendments set out in Appendix 2 to these Regulations.

8.  Nothing in these Regulations shall invalidate any Notice served before the 1st January 1968 which complies with the requirements of the principal Regulations, or any Notice in Form 7 or 9 served before 1st March 1968 which does not comply with the requirements of paragraph 6 of of these Regulations.

Gardiner, C

Dated 8th December 1967

APPENDIX 1 Forms to be substituted for Forms 1 and 2

FORM 1 Landlord's Notice proposing a Statutory Tenancy

FORM 2 Landlord's Notice to resume Possession

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.)”

EXPLANATORY NOTE

These Regulations amend the Landlord and Tenant (Notices) Regulations 1957.

In order to take account of certain provisions of the Leasehold Reform Act 1967 revised forms of notice are prescribed for use, for the purposes of Part I of the Landlord and Tenant Act 1954, when terminating a long tenancy at a low rent of residential premises; and additions are required to be made to the forms of notice used for the purposes of Part II of that Act when they are used for terminating a business tenancy which is a long tenancy at a low rent and is held by a tenant who is not a company or other artificial person.

Amendments are also made to the forms of notice to terminate business tenancies used for general purposes.

(1)

(1957 I, p. 1230).