The Leasehold Reform (Notices) Regulations 1997 No. 640

Statutory Instruments

1997 No. 640

LANDLORD AND TENANT, ENGLAND AND WALES

The Leasehold Reform (Notices) Regulations 1997

Made

5th March 1997

Laid before Parliament

6th March 1997

Coming into force

1st April 1997

The Secretary of State for the Environment, as respects houses and premises in England, and the Secretary of State for Wales, as respects houses and premises in Wales, in exercise of the powers conferred on them by section 66 (provisions as to notices) of the Landlord and Tenant Act 1954(1), as applied by subsection (5) of section 22 (validity of tenants' notices, effect on Landlord and Tenant Act 1954 and on notices to quit, etc, and procedure generally) of the Leasehold Reform Act 1967(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 Leasehold Reform (Notices) Regulations 1997 and shall come into force on 1st April 1997.

Interpretation

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

“the Act” means the Leasehold Reform Act 1967;

any reference to a numbered section is a reference to the section so numbered in the Act; and

any reference to a numbered Form is a reference to the Form bearing that number in the Schedule to these Regulations or a form substantially to the same effect.

Forms to be used by tenants and landlords

3.—(1) The form to be used by a tenant for the purpose of giving notice under Part I (enfranchisement and extension of long leaseholds) of the Act of his desire to have the freehold or an extended lease of a house and premises is Form 1.

(2) The form to be used by a tenant for the purpose of giving notice under subsection (1)(b)(ii) of section 28 (retention or resumption of land required for public purposes) of his claim to be entitled to acquire the freehold or an extended lease of a house and premises is Form 2.

(3) The form to be used by a landlord for the purpose of responding to a tenant’s notice under paragraph (1) or (2) is Form 3.

Revocation, savings and transitional provision

4.—(1) Subject to paragraph (2), the Leasehold Reform (Notices) Regulations 1967(3), the Leasehold Reform (Notices) Regulations 1969(4) and the Leasehold Reform (Notices) (Amendment) Regulations 1993(5) are hereby revoked.

(2) The Regulations revoked by paragraph (1) shall continue to apply in a case where a notice under section 8, 14 or 28 (tenant’s notice of desire to have or claim to be entitled to acquire the freehold or an extended lease) was given before the date these Regulations come into force.

Signed by authority of the Secretary of State

James Clappison

Parliamentary Under Secretary of State,

Department of the Environment

4th March 1997

William Hague

Secretary of State for Wales

5th March 1997

Regulation 3

SCHEDULE FORMS OF TENANTS' AND LANDLORDS' NOTICES UNDER PART I OF THE LEASEHOLD REFORM ACT 1967

FORM 1 LEASEHOLD REFORM ACT 1967Notice of tenant’s claim to acquire the freehold or an extended lease

FORM 2 LEASEHOLD REFORM ACT 1967Notice of tenant’s claim under section 28(1)(b)(ii)

FORM 3 LEASEHOLD REFORM ACT 1967Notice in reply to tenant’s claim

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the form of notices to be used after 31st March 1997 by tenants and landlords in connection with the enfranchisement and extension of long leaseholds under Part I of the Leasehold Reform Act 1967 (“the Act”). Forms which are substantially to the same effect as those prescribed may also be used.

The forms are for use by tenants and landlords of houses held on long leases, as follows—

(i) by tenants claiming the right to acquire the freehold or extend the lease (Form 1 in the Schedule to the Regulations),

(ii) by tenants asserting a claim under section 28 of the Act to acquire the freehold or extend the lease for the purpose of establishing a right to compensation under section 17 or 18 of the Act (Form 2 in the Schedule), and

(iii) by landlords replying to such claims (Form 3 in the Schedule).

Regulation 4 revokes, with savings, the Leasehold Reform (Notices) Regulations 1967, the Leasehold Reform (Notices) Regulations 1969 and the Leasehold Reform (Notices) (Amendment) Regulations 1993.

(1)

1954 c. 56. Section 66(1) and (2) was amended by S.I. 1974/1896.

(2)

1967 c. 88 Section 22(5) was amended by S.I. 1974/1896.

(3)

S.I. 1967/1768.

(4)

S.I. 1969/1481.

(5)

S.I. 1993/2409.