The Notices to Quit etc. (Prescribed Information) Regulations 1988

Statutory Instruments

1988 No. 2201

LANDLORD AND TENANT, ENGLAND AND WALES

The Notices to Quit etc. (Prescribed Information) Regulations 1988

Made

14th December 1988

Laid before Parliament

22nd December 1988

Coming into force

15th January 1989

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred upon them by section 5 of the Protection from Eviction Act 1977(1), and of all other powers enabling them in that behalf, hereby make the following Regulations:

1.  These Regulations may be cited as the Notices to Quit etc. (Prescribed Information) Regulations 1988 and shall come into force on 15th January 1989.

2.  Where, on or after the date these Regulations come into force, a landlord gives a notice to quit any premises let as a dwelling, or a licensor gives a notice to determine a periodic licence to occupy premises as a dwelling (and the premises are not let or occupied as specified in section 5(1B) of the Protection from Eviction Act 1977), the information prescribed for the purposes of section 5 of the Protection from Eviction Act 1977 shall be that in the Schedule to these Regulations.

3.  The Notices to Quit (Prescribed Information) Regulations 1980(2) are hereby revoked.

Signed by authority of The Secretary of State

John Selwyn Gummer

Minister of State,

Department of the Environment

13th December 1988

Peter Walker

Secretary of State for Wales

14th December 1988

SCHEDULE PRESCRIBED INFORMATION

1.  If the tenant or licensee does not leave the dwelling, the landlord or licensor must get an order for possession from the court before the tenant or licensee can lawfully be evicted. The landlord or licensor cannot apply for such an order before the notice to quit or notice to determine has run out.

2.  A tenant or licensee who does not know if he has any right to remain in possession after a notice to quit or a to notice determine runs out can obtain advice from a solicitor. Help with all or part of the cost of legal advice and assistance may be available under the Legal Aid Scheme. He should also be able to obtain information from a Citizens' Advice Bureau, a Housing Aid Centre or a rent officer.

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the information to be contained in a landlord’s notice to quit given on or after the 15th January 1989 to determine a tenancy of premises let as a dwelling, or a licensor’s notice given on or after that date to determine a periodic licence to occupy premises as a dwelling. They do not apply to the premises specified in section 5(1B) of the Protection from Eviction Act 1977 (premises subject to excluded licences or certain excluded tenancies). These Regulations replace the Notices to Quit (Prescribed Information) Regulations 1980, which applied only to tenancies.

(1)

1977 c. 43; section 5 was amended by the Housing Act 1988 (c. 50), section 32.

(2)

S.I. 1980/1624.