Landlord and Tenant (Notices) Regulations, 1957
| Jurisdiction | UK Non-devolved |
| Citation | SI 1957/1157 |
| Year | 1957 |
1957 No. 1157
LANDLORD AND TENANT ACTS, 1927 AND 1954
The Landlord and Tenant (Notices) Regulations, 19573rdJuly 1957
8thJuly 1957
9thJuly 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(a), 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(b), 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;
(a) 2 & 3 Eliz. 2. c. 56.
(b) 52 & 53 Vict. c. 63.
(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(a) and 1950(b), 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 sub-tenancies, 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(c), and the Landlord and Tenant (Notices) (No. 2) Regulations, 1954(d), but save as aforesaid the said Regulations are hereby revoked.
Kilmuir, C.
Dated the 3rd day of July, 1957.
(a) 8 & 9 Geo. 6. c. 36.
(b) 14 Geo. 6. c. 8.
(c) S.I. 1954/1107 (1954 I, p. 1037).
(d) S.I. 1954/1714 (1954 I, p. 1053).
APPENDIX
FORM 1
Landlord's Notice proposing a Statutory Tenancy
To , tenant of premises known as .
See Notes 3 & 11.
1. I, of , landlord of the above-mentioned premises, hereby give you notice terminating your tenancy of the premises on the day of , 19 .
See Notes 5 & 6.
2. You are requested within two months after receiving this Notice to notify me in writing whether you are willing to give up possession of the premises on the said date.
See Note 2.
3. I believe that you are entitled to the protection of Part I of the Act in respect of the whole of the premises [or, if part only of the premises qualifies for protection, in respect of the following part of the premises, namely ], and the proposals contained in the next following paragraph are made on the assumption that the statutory tenancy would be a tenancy of the whole of the premises [or the said part of the premises].
See Note 4.
4. If you are not willing to give up possession of the premises on the day of , 19 , I propose that you should continue as a statutory tenant of the premises [or of the said part of the premises] on the following terms—[Here should be stated
See Notes 8 & 9.
(i) rent, intervals at which rent is to be paid and whether payable in advance or in arrear;
(ii) whether any, and if so what, initial repairs are to be carried out;
(iii) which, if any, of the initial repairs are to be carried out by the landlord and which, if any, by the tenant;
(iv) which, if any, of the initial repairs to be carried out by the landlord are required in consequence of failure by the tenant to fulfil his obligations under the current tenancy, and the estimated cost of such repairs (excluding any part recoverable otherwise than from the tenant or his predecessors in title);
(v) what amount the landlord proposes that the tenant should pay in respect of the cost incurred by the landlord in ascertaining the initial repairs set out in item (iv);
(vi) whether payment for the amounts mentioned in items (iv) and (v) above is to be made by instalments or otherwise, and if by instalments, the amount of each instalment, the time at which the first is to be payable and the frequency of the instalments;
(vii) obligations as to repairs other than the initial repairs mentioned above;
(viii) any other terms.]
If any of these terms cannot be settled by agreement between us, I propose to apply to the County Court for a determination.
[Paragraph 5 should be struck out, if not required
See Note 10.
5. If you continue in possession of the premises I require a record to be made of the state of repair of the premises as soon as may be after the completion of the initial repairs or, if the carrying out of initial repairs is not agreed between us or determined by the County Court, as soon as may be after the beginning of the statutory tenancy.]
6. This Notice is given under the provisions of section 4 of the Landlord and Tenant Act, 1954.
Your attention is called to the Notes below.
Dated this day of , 19 .
Signed… ..(Landlord)
… ..(Address)
FORM 1
NOTES
1. Part I of the Landlord and Tenant Act, 1954, as amended by the Rent Act, 1957, provides that a tenant of residential premises under a tenancy granted for more than 21 years shall, at the end of the period of the original tenancy, be entitled to continue as a tenant on the same terms as before unless he terminates the tenancy himself or it is terminated by the landlord in accordance with the provisions of the Act.
2. The tenant's right to remain in occupation is confined to parts of the premises which he occupies at the end of the original tenancy.
3. The landlord may terminate the tenancy by notice which, as a general rule, must be given not more than 12 nor less than 6 months before the date of termination specified in the notice. That date must not normally be earlier than the date on which the original tenancy expires. When the landlord terminates the tenancy, he may (a) propose in its place a statutory tenancy under the Rent Acts, or (b) give notice of his intention to apply to the court for possession of the premises.
4. This is a notice proposing a statutory tenancy. It sets out the landlord's proposals for the terms of your future tenancy should you decide that...
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