The Assured Tenancies (Notice to Tenant) Regulations 1981

Made: 7th April 1981

Coming into Operation: 14th May 1981

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 sections 56(7) and 151 of the Housing Act 1980 and of all other powers enabling them in that behalf, thereby make the following regulations:—

1

These regulations may be cited as the Assured Tenancies (Notice to Tenant) Regulations 1981 and shall come into operation on 14th May 1981.

2

The requirements with which a notice is to comply in order to be valid for the purposes of section 56(6) of the Housing Act 1980 are that it shall be in the form set out in the Schedule to these regulations or in a form substantially to the like effect.

SCHEDULE — NOTICE OF THE GRANT OF A PROTECTED OR HOUSING ASSOCIATION TENANCY BY A BODY APPROVED UNDER SECTION 56(4) OF THE HOUSING ACT 1980

Signed

Signed by authority of the Secretary of State

John Stanley — Minister for Housing and Construction — Department of the Environment — 2nd April 1981

Nicholas Edwards — Secretary of State for Wales — 7th April 1981

Explanatory note

EXPLANATORY NOTE

Tenancies of dwelling houses granted by bodies approved under section 56 of the Housing Act 1980 are assured tenancies (within the meaning of that Act) if the conditions of section 56 are satisfied. An approved body wishing to let the dwelling house on a protected tenancy or, as the case may be, a housing association tenancy, rather than an assured tenancy, may do so by giving the tenant a valid notice to this effect before the grant of the tenancy.

Section 56(7) of the 1980 Act provides that a notice is not valid unless it complies with the requirements of regulations made by the Secretary of State. These regulations require that the notice is in the form set out in the Schedule or in a form substantially to the like effect.

The landlord must give this to the tenant before the grant of the tenancy if a dwelling house which could be let on an assured tenancy is instead to be let on a protected or housing association tenancy.

To .....................................................

(Name of proposed tenant)

PLEASE READ THIS NOTICE CAREFULLY AND KEEP IT

from .......(day) ..............(month) 19... (year).

2. This notice is to tell you that your tenancy is to be a protected tenancy and not* an assured tenancy. Full details about protected tenancies are given in the Department of the Environment and Welsh Office booklet “Regulated Tenancies” obtainable free from Rent Officers, council offices and housing aid centres.

2. This notice is to tell you that your tenancy is to be a housing association tenancy and not* an assured tenancy. Full details about housing association tenancies are given in the Department of the Environment and Welsh Office booklets “Housing Association Rents” and “The Tenants’ Charter—New Rights for council, new town and housing association tenants”. Both are obtainable free from Rent Officers, council offices and housing aid centres.

Signed

(on behalf of) .....................................................................................................................................

(name and address of landlord)

a body approved by the Secretary of State under

............................................................................

(Title and number of Order granting approval)

*The landlord must delete whichever does not apply.

Editorial notes

[^key-5a4941cd2a3cc72a1d8d55fc085fdc15]: Reg. 1 in force at 14.5.1981, see reg. 1

[^key-17e90196b98654da36200e41f93f69ca]: Reg. 2 in force at 14.5.1981, see reg. 1

[^key-f0ad74968c151ab218b7d1ad1a3f6918]: Reg. 1A inserted (W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2022 (S.I. 2022/907), reg. 1(2), Sch. 1 para. 3

1A

These Regulations apply in relation to England only.