Statutory Instruments
1989 No. 374
HOUSING, ENGLAND AND WALES
The Housing (Change of Landlord) (Prescribed Forms) Regulations 1989
Made
9th March 1989
Coming into force
5th April 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 on them by sections 111(b), 112 and 114(1)(1) of the Housing Act 1988(2), and of all other powers enabling them in that behalf, hereby make the following Regulations:–
Citation and commencement
1. These Regulations may be cited as the Housing (Change of Landlord) (Prescribed Forms) Regulations 1989 and shall come into force on 5th April 1989.
General interpretation
2.—(1) In these Regulations–
“the Act” means the Housing Act 1988;
“applicant” means a person who has made an application claiming to exercise the right conferred by Part IV of the Act;
“business tenant” means a tenant under a tenancy to which Part II of the Landlord and Tenant Act 1954(3) applies;
“landlord” means a public sector landlord to whom an application has been made to exercise the right conferred by Part IV of the Act;
“teller” means a person independent from the applicant to whom the tenants consulted in accordance with section 102 of the Act are to give notice of whether or not they wish to continue as tenants of the landlord.
(2) References in these Regulations to sections by number are references to sections bearing those numbers in the Act.
Forms
3. The following forms or forms substantially to the same effect are prescribed for the purposes specified–
(a)the form set out in Schedule 1 to these Regulations shall be the form of application to be used by an applicant in claiming under section 96(1) to exercise the right to acquire conferred by Part IV of the Act;
(b)the form set out in Schedule 2 to these Regulations shall be the form of notice to be used by a landlord under section 97(1) in specifying information for an applicant;
(c)the form set out in Schedule 3 to these Regulations shall be the form of notice to be used by a landlord under section 98(1) in stating proposals as to the buildings and property proposed to be acquired;
(d)the form set out in Schedule 4 to these Regulations shall be the form of notice to be used by a landlord in specifying under section 99(1) the purchase price or disposal cost;
(e)the form set out in Schedule 5 to these Regulations shall be the form of notice to be used by an applicant under section 103(1) in stating his intention to proceed;
(f)the form set out in Schedule 6 to these Regulations shall be the form to be used by a tenant who has notified an applicant as specified in regulation 16(7) of the Housing (Change of Landlord) Regulations 1989(4) in giving notice under section 103(2) as to whether or not he wishes to continue as a tenant of his landlord;
(g)the form set out in Schedule 7 to these Regulations shall be the form to be used by a tenant in giving notice under section 103(2) in any case other than the one referred to in paragraph (f) as to whether or not he wishes to continue as a tenant of his landlord.
Nicholas Ridley
Secretary of State for the Environment
9th March 1989
Peter Walker
Secretary of State for Wales
9th March 1989
Regulation 3(a)
SCHEDULE 1
FORM 1CHANGE OF LANDLORD
HOUSING ACT 1988: SECTION 96(1)
NOTICE CLAIMING THE RIGHT TO ACQUIRE UNDER PART IV
Regulation 3(b)
SCHEDULE 2
FORM 2CHANGE OF LANDLORD
HOUSING ACT 1988: SECTION 97(1)
NOTICE SPECIFYING INFORMATION FOR THE APPLICANT
Regulation 3(c)
SCHEDULE 3
FORM 3CHANGE OF LANDLORD
HOUSING ACT 1988: SECTION 98(1)
NOTICE STATING LANDLORD'S PROPOSALS AS TO PROPERTY PROPOSED TO BE ACQUIRED
Regulation 3(d)
SCHEDULE 4
FORM 4CHANGE OF LANDLORD
HOUSING ACT 1988: SECTION 99(1)
NOTICE SPECIFYING LANDLORD'S PURCHASE PRICE OR DISPOSAL COST
Regulation 3(e)
SCHEDULE 5
FORM 5CHANGE OF LANDLORD
HOUSING ACT 1988: SECTION 103(1)
NOTICE OF INTENTION TO PROCEED WITH AN ACQUISITION UNDER PART IV
Regulation 3(f)
SCHEDULE 6
FORM 6CHANGE OF LANDLORD
HOUSING ACT 1988: SECTION 103(2)
NOTICE OF DECISION BY ABSENTEES
Regulation 3(g)
SCHEDULE 7
FORM 7CHANGE OF LANDLORD
HOUSING ACT 1988: SECTION 103(2)
NOTICE OF DECISION BY TENANT/S
Explanatory Note
(This note is not part of the Regulations)
These Regulations prescribe the forms for use in connection with the right to acquire conferred by Part IV of the Housing Act 1988 under sections 96(1), 97(1), 98(1), 99(1), 103(1) and (2) (regulation 3(a) to (g)). The forms are–
(a)the form of application to be used by an applicant to claim the right to acquire conferred by Part IV of the 1988 Act (Schedule 1—Form 1); and
(b)the form of notice to be used by a landlord specifying information for the applicant (Schedule 2—Form 2); and
(c)the form of notice to be used by a landlord stating proposals as to property proposed to be acquired (Schedule 3—Form 3); and
(d)the form of notice to be used by a landlord specifying the purchase price or disposal cost (Schedule 4—Form 4); and
(e)the form of notice to be used by an applicant stating his intention to proceed (Schedule 5—Form 5); and
(f)the form of notice to be used by a tenant who has notified an applicant as specified in regulation 16(7) Housing (Change of Landlord) Regulations 1989 (absentee tenants) in giving notice as to whether or not he wishes to continue as a tenant of his landlord (Schedule 6—Form 6); and
(g)the form of notice to be used by any other tenant in giving notice as to whether or not he wishes to continue as a tenant of his landlord (Schedule 7—Form 7).
Forms substantially to the same effect as these may be used.