The Landlord and Tenant (Notices) Regulations 1957

Made: 3rd July 1957

Laid before Parliament: 8th July 1957

Coming into Operation: 9th July 1957

I, David, Viscount Kilmuir, 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, 1957, and shall come into operation on the 9th day of July, 1957.

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,—

• (a) “The Act” means the Landlord and Tenant Act, 1954.

• (b) A form referred to by number means the form so numbered in the Appendix to these Regulations.

4

The forms in the Appendix to these Regulations, or forms substantially to the like effect, shall be used for the following purposes, that is to say:—

• (i) A landlord's notice proposing a statutory tenancy given under the provisions of section 4 of the Act shall be in Form 1;

• (ii) A landlord's notice to resume possession given under the provisions of section 4 of the Act shall be in Form 2;

• (iii) A notice under the provisions of section 18 of the Act, being a notice requiring a tenant or sub-tenant of residential property to give information about sub-tenancies, shall be in Form 3;

• (iv) A notice under the provisions of paragraph 8 of the First Schedule to the Act, being a notice requiring a tenant to pay instalments of his payment for accrued tenant's repairs to his immediate landlord for transmission to the person who is the landlord for the purposes of the Act, shall be in Form 4;

• (v) A notice served by a landlord under the provisions of paragraph 5 of the Fifth Schedule to the Act on another landlord, being a notice requiring that other landlord to consent to the giving of a landlord's notice proposing a statutory tenancy or of a landlord's notice to resume possession, shall be in Form 5;

• (vi) A notice served by a landlord under the provisions of paragraph 5 of the Fifth Schedule to the Act on another landlord, being a notice requiring that other landlord to consent to the making of an agreement under Part I of the Act between the landlord serving the notice and the tenant, shall be in Form 6;

• (vii) A notice under the provisions of section 25 of the Act, being a notice terminating a tenancy to which Part II of the Act applies, shall, unless it contains a copy of a certificate given under the provisions of section 57, 58 or 60 of the Act, be in Form 7;

• (viii) A notice under the provisions of section 25 of the Act, being a notice terminating a tenancy to which Part II of the Act applies and containing a copy of a certificate given under subsection (1) of section 57 of the Act (whereby the Minister or Board in charge of any Government department certifies that the use or occupation of property or part of it should be changed by a specified date), shall be—

• (a) in Form 8, where the date of termination of the tenancy specified in the notice is not earlier than the date specified in the certificate; or

• (b) in Form 9, where the date of termination of the tenancy specified in the notice is earlier than the date specified in the certificate;

• (ix) A notice under the provisions of section 25 of the Act, being a notice terminating a tenancy to which Part II of the Act applies and containing a copy of a certificate given under subsection (1) of section 58 of the Act (whereby the Minister or Board in charge of any Government department certifies that for reasons of national security it is necessary that the use or occupation of property should be discontinued or changed), shall be in Form 10;

• (x) A notice under the provisions of section 25 of the Act, being a notice terminating a tenancy to which Part II of the Act applies and containing a copy of a certificate given under section 60 of the Act (whereby the Board of Trade certify that it is necessary or expedient for achieving the objects of the Distribution of Industry Acts, 1945 and 1950, that the use or occupation of property should be changed), shall be in Form 11;

• (xi) A notice under the provisions of section 26 of the Act, being a tenant's request for a new tenancy of premises to which Part II of the Act applies, shall be in Form 12;

• (xii) A notice under the provisions of subsection (1) of section 40 of the Act, being a notice requiring a tenant of business premises to give information as to his occupation of the premises and as to any subtenancies, shall be in Form 13;

• (xiii) A notice served under the provisions of subsection (2) of section 40 of the Act on a landlord of business premises, being a notice requiring that landlord to give information about his interest in the premises, shall be in Form 14;

• (xiv) A notice served under the provisions of subsection (2) of section 40 of the Act on a mortgagee in possession of business premises, being a notice requiring that mortgagee to give information about his mortgagor's interest in the premises, shall be in Form 15.

5

Nothing in these Regulations shall invalidate any notice served before the first day of September, 1957, which complies with the requirements of the Landlord and Tenant (Notices) Regulations, 1954, and the Landlord and Tenant (Notices) (No. 2) Regulations, 1954, but save as aforesaid the said Regulations are hereby revoked.

Signed

Kilmuir, C — Dated the 3rd day of July, 1957

Explanatory note

EXPLANATORY NOTE

These Regulations prescribe the forms of notices to be used for the purposes of the Landlord and Tenant Act, 1954. They consolidate the Landlord and Tenant (Notices) Regulations, 1954, and the Landlord and Tenant (Notices) (No. 2) Regulations, 1954, with amendments most of which are consequential on the Rent Act, 1957.

In the forms prescribed for the purposes of Part I of the Act of 1954 (which relates to security of tenure for residential tenants under leases exceeding 21 years), amendments are made in the form of landlord's notice proposing a statutory tenancy (Form 1), the form of landlord's notice to resume possession (Form 2) and the form of notice requiring information about sub-tenancies of residential property (Form 3).

The only amendment in the forms prescribed for the purposes of Part II of the Act of 1954 (which relates to security of tenure for business and professional tenants) is a minor addition in the forms of landlord's notice to terminate a business tenancy (Forms 7 and 9) regarding claims for compensation.

Several of the forms are renumbered.