Landlord and Tenant (Notices) Regulations 1969
| Jurisdiction | UK Non-devolved |
1969 No. 1771
LANDLORD AND TENANT
The Landlord and Tenant (Notices) Regulations 196910thDecember 1969
18thDecember 1969
1stJanuary 1970
The Lord Chancellor, in exercise of the powers conferred on him by section 66 of the Landlord and Tenant Act 1954(a), hereby makes the following Regulations:—
1.—(1) These Regulations may be cited as the Landlord and Tenant (Notices) Regulations 1969 and shall come into operation on 1st January 1970.
(2) The Interpretation Act 1889(b) shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.
2. In these Regulations, unless the context otherwise requires—
"the principal Regulations" means the Landlord and Tenant (Notices) Regulations 1957(c) as amended(d).
3. For Forms 7 and 9 in the Appendix to the Landlord and Tenant (Notices) Regulations 1957 as amended by the Landlord and Tenant (Notices) Regulations 1963 and regulation 6 of the Landlord and Tenant (Notices) Regulations 1967 there shall be substituted the forms so numbered in Appendix I to these Regulations.
4. Form 12 in the Appendix to the principal Regulations shall be amended by the insertion of the following words at the end of Note 4(f):—
"but where the landlord opposes the application on this ground, the court can still order the grant of a new tenancy, if
(i) the tenant agrees to the inclusion in the new tenancy of terms giving the landlord facilities for carrying out the work intended and, given those facilities, the landlord could reasonably carry
(a) 1954 c. 56.
(b) 1889 c. 63.
(c) S.I. 1957/1157 (1957 I, p. 1230).
(d) S.I. 1963/795, 1967/1831 (1963 I, p. 1179; 1967 III, p. 4866).
out the work without obtaining possession of the tenant's premises and without interfering to a substantial extent or for a substantial time with the use of the premises for the tenant's business; or
(ii) the tenant is willing to accept a tenancy of part of the premises, which can be let separately without substantially reducing the rental income obtainable from the entire premises, and either the tenant agrees to give the landlord facilities for carrying out work as under paragraph (i) above, or possession of the remainder of the premises would be reasonably sufficient to enable the landlord to carry out the intended work;"
5. The Form in Appendix II to these Regulations shall be added to the Appendix the principal Regulations and stand as number 16.
6. Nothing in these Regulations shall invalidate any Notice served before 1st July 1970 which complies with the requirements of the principal Regulations.
Gardiner, C.
Dated 10th December 1969.
APPENDIX I
FORM 7
Landlord's Notice to Terminate Business Tenancy
To , of , tenant of premises known as
1. I, of , landlord of the above-mentioned premises, hereby give you notice terminating your tenancy on the day of , 19 .
2. You are required within two months after the giving of this Notice to notify me in writing whether or not you will be willing to give up possession of the premises on that date.
3. I would not oppose an application to the Court under Part II of the Act for the grant of a new tenancy, or
I would oppose an application to the Court under Part II of the Act for the grant of a new tenancy on the ground that [state ground or grounds].
4. This Notice is given under the provisions of section 25 of the Landlord and Tenant Act 1954.
Your attention is called to the Notes below.
Dated this day of , 19 .
Signed … ..(Landlord)
… ..(Address)
See Note 1.
See Note 2.
See Note 6.
See Note 4.
FORM 7
NOTES
1. Under the Landlord and Tenant Act 1954, a tenancy of premises to which Part II of the Act applies continues until it is brought to an end in accordance with the Act. One of the ways in which it can be brought to an end is by a landlord's notice to terminate the tenancy. As a general rule, that notice must be given not more than 12 nor less than 6 months before the date specified in it for the termination of the current tenancy of the premises. This date must not be earlier than the date on which apart from Part II of the Act the current tenancy would expire or could be terminated by notice to quit given by the landlord on the date of the notice.
2. Part II of the Act enables the tenant, on being served with a notice in this form, to apply to the court for an order for the grant of a new tenancy. Such an application, however, will not be entertained unless the tenant has within 2 months after the giving of the notice terminating the tenancy notified the landlord in writing that he will not be willing to give up possession of the premises on the date specified in the notice. The application must be made not less than 2 or more than 4 months after the giving of the notice.
3. Where the rateable value of the premises (excluding any part which is not occupied by the tenant or by an employee in his business) does not exceed £2,000, an application for an order for the grant of a new tenancy must be made to the County Court and in any other case it must be made to the High Court.
4. The court has no power to make an order for the grant of a new tenancy if the landlord, having stated in his notice that he will oppose an application to the court on one of the grounds specified in the Act, establishes that ground to the satisfaction of the court. The grounds specified in the Act are—
(a) where under the current tenancy the tenant has any obligations as respects the repair and maintenance of the premises, that the tenant ought not to be granted a new tenancy in view of the state of repair of the premises which has resulted from the tenant's failure to comply with these obligations;
(b) that...
To continue reading
Request your trial