xmlns:atom="http://www.w3.org/2005/Atom"

YR ATODLEN

THE SCHEDULEPARTICULARS SUPPORTING TENANT'S CLAIM

Notes

12.—(aWhere the claimant is giving the notice by virtue of section 6, 6A or 7 he is required (Schedule 3, paragraph 6(2)) to adapt the notice and show under paragraphs 4 and 7 of the Schedule to the notice the particulars that bring the claim within section 6, 6A or, as the case may be, section 7.

(b)Where the tenancy is or was vested in trustees the claimant should, for the purposes of a claim made in reliance on section 6, state the date when the tenancy was acquired by the trustees, and, where the case falls within paragraphs 7(a) or (b) of the Schedule to the notice, the date when the beneficiary occupied the house by virtue of his interest under the trust, and the particulars of any period of occupation by the beneficiary which are relied upon as bringing the case within section 6.

(c)Section 6A of the Act (inserted by section 142 of the Commonhold and Leasehold Reform Act 2002) provides that where a tenant dies and immediately before his death he qualified for the right to enfranchise or a lease extension, those rights can be exercised (up to two years after the date of probate or letters of administration) by his personal representatives. Where the tenancy is vested in personal representatives, they should, for the purposes of making a claim under section 6A, provide evidence that the deceased tenant qualified for the relevant right immediately before his death, state the date when the tenancy became vested in them, and provide evidence to show that probate or letters of administration have been granted no more than two years before the date of the claim for extension of the lease or enfranchisement.

(d)Where the claimant was a member of the previous tenant’s family and became the tenant on the latter’s death, for the purposes of a claim made in reliance upon section 7, the claimant should state the date on which the previous tenant acquired the tenancy, particulars of his relationship to the previous tenant and his succession to the tenancy, and particulars in respect of any period of occupation by himself on which the claimant relies as bringing the case within section 7.