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	United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004 No. 1005 URL: http://www.bailii.org/uk/legis/num_reg/2004/20041005.html

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"the Act" means the Landlord and Tenant Act 1954[2]; and

"the 1967 Act" means the Leasehold Reform Act 1967[3].

    (2) Any reference in these Regulations to a numbered form (in whatever terms) is a reference to the form bearing that number in Schedule 2 to these Regulations or a form substantially to the same effect.

Prescribed forms, and purposes for which they are to be used.
     3. The form with the number shown in column (1) of Schedule 1 to these Regulations is prescribed for use for the purpose shown in the corresponding entry in column (2) of that Schedule.

Revocation of Regulations
     4. The Landlord and Tenant Act 1954, Part II (Notices) Regulations 1983[4] and the Landlord and Tenant Act 1954, Part II (Notices) (Amendment) Regulations 1989[5] are hereby revoked.



Signed by authority of the First Secretary of State


Keith Hill
Minister of State, Office of the Deputy Prime Minister

16th March 2004



Signed on behalf of the National Assembly for Wales


D. Elis- Thomas
Presiding Officer of the National Assembly

30th March 2004

(a) to state in writing whether you are the owner of the fee simple in respect of the premises or any part of them or the mortgagee in possession of such an owner,

(b) if you answer "no" to (a), to state in writing, to the best of your knowledge and belief - 


(i) the name and address of the person who is your or, as the case may be, your mortgagor's immediate landlord in respect of the premises or of the part in respect of which you are not, or your mortgagor is not, the owner in fee simple;

(ii) for what term your or your mortgagor's tenancy has effect and what is the earliest date (if any) at which that tenancy is terminable by notice to quit given by the landlord; and

(iii) whether a notice has been given under section 25 or 26(6) of the Landlord and Tenant Act 1954, or a request has been made under section 26 of that Act, in relation to the tenancy and, if so, details of the notice or request;



(c) to state in writing, to the best of your knowledge and belief, the name and address of any other person who owns an interest in reversion in any part of the premises;

(d) if you are a reversioner, to state in writing whether there is a mortgagee in possession of your interest in the premises; and

(e) if you answer "yes" to (d), to state in writing, to the best of your knowledge and belief, the name and address of the mortgagee in possession.

     3. You must give the information concerned within the period of one month beginning with the date of service of this notice.

     4. Please send all correspondence about this notice to:

Name:

Address:

Signed:    Date:

*[Tenant] *[on behalf of the tenant] (*delete whichever is inapplicable)

IMPORTANT NOTE FOR LANDLORD OR LANDLORD'S MORTGAGEE

This notice contains some words and phrases that you may not understand. The Notes below should help you, but it would be wise to seek professional advice, for example, from a solicitor or surveyor, before responding to this notice.

Once you have provided the information required by this notice, you must correct it if you realise that it is not, or is no longer, correct. This obligation lasts for six months from the date of service of this notice, but an exception is explained in the next paragraph. If you need to correct information already given, you must do so within one month of becoming aware that the information is incorrect.

The obligation will cease if, after transferring your interest, you notify the tenant of the transfer and of the name and address of the person to whom your interest has been transferred.

If you fail to comply with the requirements of this notice, or the obligation mentioned above, you may face civil proceedings for breach of the statutory duty that arises under section 40 of the Landlord and Tenant Act 1954. In any such proceedings a court may order you to comply with that duty and may make an award of damages.

NOTES

The sections mentioned below are sections of the Landlord and Tenant Act 1954, as amended, (most recently by the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003)

Terms used in this notice

The following terms, which are used in paragraph 2 of this notice, are defined in section 40(8):

     "mortgagee in possession" includes a receiver appointed by the mortgagee or by the court who is in receipt of the rents and profits;

     "reversioner" means any person having an interest in the premises, being an interest in reversion expectant (whether immediately or not) on the tenancy; and

     "reversioner's mortgagee in possession" means any person being a mortgagee in possession in respect of such an interest.

Section 40(8) requires the reference in paragraph 2(b) of this notice to your mortgagor to be read in the light of the definition of "mortgagee in possession".

A mortgagee (mortgage lender) will be "in possession" if the mortgagor (the person who owes money to the mortgage lender) has failed to comply with the terms of the mortgage. The mortgagee may then be entitled to receive rent that would normally have been paid to the mortgagor.

The term "the owner of the fee simple" means the freehold owner.

The term "reversioner" includes the freehold owner and any intermediate landlord as well as the immediate landlord of the tenant who served this notice.

Purpose of this notice and information required

This notice requires you to provide, in writing, the information requested in paragraph 2(a) and (c) of the notice and, if applicable in your case, in paragraph 2(b), (d) and (e). You do not need to use a special form for this purpose.

If , once you have given this information, you realise that it is not, or is no longer, correct, you must give the correct information within one month of becoming aware that the previous information is incorrect. Subject to the last paragraph in this section of these Notes, your duty to correct any information that you have already given continues for six months after you receive this notice (section 40(5)).

You should give the correct information to the tenant who gave you this notice unless you receive notice of the transfer of his or her interest, and of the name and address of the person to whom that interest has been transferred. In that case, the correct information must be given to that person.

If you do not provide the information requested, or fail to correct information that you have provided earlier, after realising that it is not, or is no longer, correct, proceedings may be taken against you and you may have to pay damages (section 40B).

If you are in any doubt as to the information that you should give, get advice immediately from a solicitor or a surveyor.

If you transfer your interest within the period of six months referred to above, your duty to correct information already given will cease if you notify the tenant of that transfer and of the name and address of the person to whom your interest has been transferred.

Time limit for replying

You must provide the relevant information within one month of the date of service of this notice (section 40(3), (4) and (5)).

Validity of this notice

The tenant who has given you this notice may not be the person from whom you receive rent (sections 44 and 67). This does not necessarily mean that the notice is invalid.

If you have any doubts about the validity of the notice, get advice immediately from a solicitor or a surveyor.

Further information

An explanation of the main points to consider when renewing or ending a business tenancy, "Renewing and Ending Business Leases: a Guide for Tenants and Landlords", can be found at www.odpm.gov.uk. Printed copies of the explanation, but not of this form, are available from 1st June 2004 from Free Literature, PO Box 236, Wetherby, West Yorkshire, LS23 7NB (0870 1226 236).

(i) your lease was originally granted for a term of more than 35 years, or was preceded by such a lease which was granted or assigned to you; and

(ii) your lease is of the whole house; and

(iii) your lease is at a low rent. If your tenancy was entered into before 1 April 1990 (or later if you contracted before that date to enter into the tenancy) "low rent" means that your present annual rent is less than two-thirds of the rateable value of your house as assessed either on 23 March 1965, or on the first day of the term in the case of a lease granted to commence after 23 March 1965; and the property had a rateable value other than nil when the tenancy began or at any time before 1 April 1990. If your tenancy was granted on or after 1 April 1990, "low rent" means that the present annual rent is not more than £1,000 in London or £250 elsewhere; and

(iv) you have been occupying the house (or any part of it) as your only or main residence (whether or not it has been occupied for other purposes) either for the whole of the last two years, or for a total of two years in the last ten years; and

(v) the rateable value of your house was at one time within certain limits.

Claiming your rights under the 1967 Act

If you have a right to buy the freehold or an extended lease and wish to exercise it you must serve the appropriate notice on the landlord. A special form is prescribed for this purpose; it is Form 1 as set out in the Schedule to the Leasehold Reform (Notices) (Amendment) (England) Regulations 2002 (S.I. 2002/1715) or, if the property is in Wales, the Leasehold Reform (Notices) (Amendment) (Wales) Regulations 2002 (S.I. 2002/3187) (W.303). Subject to the two exceptions mentioned below, you must serve the notice claiming to buy the freehold or an extended lease within two months after the date of service of this notice. The first exception is where, within that two-month period, you apply to the court to order the grant of a new tenancy. In that case your claim to buy the freehold or an extended lease must be made when you make the application to the court. The second exception is where the landlord agrees in writing to your claim being made after the date on which it should have been made.

There are special rules about the service of notices. If there has been any delay in your seeing this notice, you may need to act very quickly.

If you are in any doubt about your rights under the 1967 Act or what action you should take, get advice immediately from a solicitor or a surveyor.

Landlord's opposition to claims under the 1967 Act

If your landlord acquired his or her interest in the house not later than 18 February 1966 he or she can object to your claim to buy the freehold or an extended lease on the grounds that he or she needs to occupy the house or that the house is needed for occupation by a member of his or her family. This objection will be under section 18 of the 1967 Act.

If you claim an extended lease, your landlord can object under section 17 of the 1967 Act on the grounds that he or she wishes to redevelop the property.

You will be able to tell from paragraph 8 of this notice whether your landlord intends to apply to the court and, if so, whether for the purposes of occupation or redevelopment of the house.

Compensation

If you cannot get a new tenancy solely because one or more of grounds (e), (f) and (g) in section 30(1) applies, you may be entitled to compensation under section 37. If your landlord has opposed your application on any of the other grounds as well as (e), (f) or (g) you can only get compensation if the court's refusal to grant a new tenancy is based solely on one or more of grounds (e), (f) and (g). In other words, you cannot get compensation under section 37 if the court has refused your tenancy on other grounds, even if one or more of grounds (e), (f) and (g) also applies.

If your landlord is an authority possessing compulsory purchase powers (such as a local authority) you may be entitled to a disturbance payment under Part 3 of the Land Compensation Act 1973.

If you have a right under the 1967 Act to buy the freehold or an extended lease but the landlord is able to obtain pos-session of the premises, compensation is payable under section 17(2) or section 18(4) of the 1967 Act. Your solicitor or surveyor will be able to advise you about this.

Negotiations with your landlord

If you try to buy the property by agreement or negotiate an extended lease with the landlord, remember:

• that your present tenancy will not be extended under the 1954 Act after the date in paragraph 2 of this notice unless you agree in writing to extend the deadline for applying to the court under the 1954 Act or you (or the landlord) has applied to the court before that date (sections 29, 29A and 29B), and
  
  
• that you may lose your right to serve a notice claiming to buy the freehold or an extended lease under the 1967 Act if you do not observe the two-month time limit referred to in the note headed Claiming your rights under the 1967 Act.
  
  

(a) no previous notice terminating the tenancy has been given under section 4 or 25 of the Landlord and Tenant Act 1954 Act or under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989; and

(b) the tenancy is of a house as defined for the purposes of Part 1 of the Leasehold Reform Act 1967 ("the 1967 Act"); and

(c) the tenancy is a long tenancy at a low rent within the meaning of the 1967 Act; and

(d) the tenant is not a company or other artificial person.

To: (insert name and address of tenant)

From: (insert name and address of landlord)

     1. This notice relates to the following property: (insert address or description of property)

     2. I am giving you notice under sections 25 of the Landlord and Tenant Act 1954 ("the 1954 Act") to end your tenancy on (insert date).

     3. A certificate has been given by (state the title of the Secretary of State, Minister or Board on whose authority the certificate was issued or, if the certificate was issued by the National Assembly for Wales, insert "the National Assembly for Wales") under section 57 of the 1954 Act that the use or occupation of all or part of the property should be changed by (insert date). A copy of the certificate appears in the Schedule to this notice.

     4. If you have a right under Part 1 of the Leasehold Reform Act 1967 to acquire the freehold or an extended lease of property comprised in the tenancy, notice of your desire to have the freehold or an extended lease cannot be given more than two months after the service of this notice. If you have that right, and give notice of your desire to have the freehold or an extended lease within those two months, this notice will not operate, and I may take no further proceedings under Part 2 of the 1954 Act.

     *5. If you give notice of your desire to have the freehold or an extended lease, I will be entitled to apply to the court under section 17 of the Leasehold Reform Act 1967, and propose to do so. If I am successful I may have to pay you compensation.

OR

     *5. If you give notice of your desire to have the freehold or an extended lease, I will be entitled to apply to the court under section 17 of the Leasehold Reform Act 1967, but do not propose to do so.

OR

     *5. If you give notice of your desire to have the freehold or an extended lease, I will not be entitled to apply to the court under section 17 of the Leasehold Reform Act 1967.

* DELETE TWO versions of this paragraph, as the circumstances require

     *6. I know or believe that the following persons have an interest superior to your tenancy or to be the agent concerned with the property on behalf of someone who has such an interest (insert names and addresses):

*delete if inapplicable

     7. Please send all correspondence about this notice to:

Name:

Address:

Signed:Date:

*[Landlord]*[On behalf of the landlord] *[Mortgagee] *[On behalf of the mortgagee]

(*delete if inapplicable)

SCHEDULE


CERTIFICATE UNDER SECTION 57
(attach or insert a copy of the section 57 certificate)

IMPORTANT NOTE FOR THE TENANT
This Notice is intended to bring your tenancy to an end on the date specified in paragraph 2.

The landlord is not prepared to offer you a new lease because it has been certified that it is requisite that occupation or use of the premises should be changed.

NOTES
Unless otherwise stated, the sections mentioned below are sections of the Landlord and Tenant Act 1954, as amended, (most recently by the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003)

Ending of your tenancy

This notice is intended to bring your tenancy to an end on the date stated in paragraph 2 of the notice.

Your landlord is both giving you notice that your current tenancy will end on the date stated in paragraph 2 of this notice and drawing attention to a certificate under section 57 that would prevent you from applying to the court for a new tenancy.

Usually, tenants who have tenancies under Part 2 of the Landlord and Tenant Act 1954 can apply to the court for a new tenancy. However, it has been certified that it is requisite that the use or occupation of all or part of the property should be changed by a certain date, the landlord may prevent the tenant from making an application to the court for a new tenancy.

Rights under the Leasehold Reform Act 1967

If the property comprised in your tenancy is a house, as defined in section 2 of the Leasehold Reform Act 1967 ("the 1967 Act"), you may have the right to buy the freehold of the property or to get an extended lease. If the house is for the time being let under two or more tenancies, you will not have that right if your tenancy is subject to a sub-tenancy and the sub-tenant is himself or herself entitled to that right.

You will have that right if all the following conditions are met:

(i) your lease was originally granted for a term of more than 35 years, or was preceded by such a lease which was granted or assigned to you; and

(ii) your lease is of the whole house; and

(iii) your lease is at a low rent. If your tenancy was entered into before 1 April 1990 (or later if you contracted before that date to enter into the tenancy) "low rent" means that your present annual rent is less than two-thirds of the rateable value of your house as assessed either on 23 March 1965, or on the first day of the term in the case of a lease granted to commence after 23 March 1965; and the property had a rateable value other than nil when the tenancy began or at any time before 1 April 1990. If your tenancy was granted on or after 1 April 1990, "low rent" means that the present annual rent is not more than £1,000 in London or £250 elsewhere; and

(iv) you have been occupying the house (or any part of it) as your only or main residence (whether or not it has been occupied for other purposes) either for the whole of the last two years, or for a total of two years in the last ten years; and

(v) the rateable value of your house was at one time within certain limits.

However, if you have a right to buy the freehold or to get an extended lease, you will not be able to exercise it in this case because of the certificate that has been given under section 57. That is the effect of section 28 of the 1967 Act.

Compensation

Because the court cannot order the grant of a new tenancy, you are entitled to compensation when you leave the property (section 59).

If you have a right under the 1967 Act to buy the freehold or to get an extended lease but you cannot exercise that right because of the section 57 certificate, compensation will be payable under section 17(2) of the 1967 Act.

You cannot, however, get compensation under both the 1954 Act and the 1967 Act. The compensation payable under the 1967 Act is likely to be greater than that payable under the 1954 Act. In order to be able to claim compensation under the 1967 Act you must serve the appropriate notice on the landlord. A special form is prescribed for this purpose; it is Form 1 as set out in the Schedule to the Leasehold Reform (Notices) (Amendment) (England) Regulations 2002 (S.I. 2002/1715), or if the property is in Wales, the Leasehold Reform (Notices) (Amendment) (Wales) Regulations 2002 (S.I. 2002/3187) (W.303). Subject to the exception mentioned below, you must serve the notice claiming to buy the freehold or to get an extended lease within two months after the date of service of this notice. The exception is where the landlord agrees in writing to your claim being made after the date on which it should have been made.

If there has been any delay in your seeing this notice you may need to act very quickly. If you are in any doubt about the action that you should take, get advice immediately from a solicitor or a surveyor.

If your landlord is an authority possessing compulsory purchase powers (such as a local authority) you may also be entitled to a disturbance payment under Part 3 of the Land Compensation Act 1973.

Validity of this notice

The landlord who has given you this notice may not be the landlord to whom you pay your rent (sections 44 and 67). This does not necessarily mean that the notice is invalid.

If you have any doubts about whether this notice is valid, get advice immediately from a solicitor or a surveyor.

Further information

An explanation of the main points to consider when renewing or ending a business tenancy, "Renewing and Ending Business Leases: a Guide for Tenants and Landlords", can be found at www.odpm.gov.uk. Printed copies of the explanation, but not of this form, are available from 1st June 2004 from Free Literature, PO Box 236, Wetherby, West Yorkshire, LS23 7NB (0870 1226 236).

An explanation of the rights of leaseholders to buy the freehold or to have an extended lease, "Residential Long Leaseholders - A Guide to Your Rights and Responsibilities", can be found at www.odpm.gov.uk. Printed copies of the explanation, but not of this form, are available from 1st June 2004 from Free Literature, PO Box 236, Wetherby, West Yorkshire, LS23 7NB (0870 1226 236).

(a) no previous notice terminating the tenancy has been given under section 4 or 25 of the Landlord and Tenant Act 1954 or under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989; and

(b) the tenancy is of a house as defined for the purposes of Part 1 of the Leasehold Reform Act 1967 ("the 1967 Act"); and

(c) the tenancy is a long tenancy at a low rent within the meaning of the 1967 Act; and

(d) the tenant is not a company or other artificial person.

To: (insert name and address of tenant)

From: (insert name and address of landlord)

     1. This notice relates to the following property: (insert address or description of property)

     2. I am giving you notice under sections 25 of the Landlord and Tenant Act 1954 ("the 1954 Act") to end your tenancy on (insert date).

     *3. If you apply to the court under Part 2 of the 1954 Act for the grant of a new tenancy, I will not oppose your application.

OR* DELETE ONE version of this paragraph, as the circumstances require.

     *3. If you apply to the court under Part 2 of the 1954 Act for the grant of a new tenancy, I will oppose your application on the ground(s) mentioned in paragraph(s)* of section 30(1) of the 1954 Act. I draw your attention to the Table in the Notes below, which sets out all the grounds of opposition.

* (insert letter(s) of the paragraph(s) relied on)

     4. A certificate has been given by (state the title of the Secretary of State, Minister or Board on whose authority the certificate was issued or, if the certificate was issued by the National Assembly for Wales, insert "the National Assembly for Wales") under section 57 of the 1954 Act that the use or occupation of all or part of the property should be changed by (insert date). A copy of the certificate appears in the Schedule to this notice.

     5. If you have a right under Part 1 of the Leasehold Reform Act 1967 to acquire the freehold or an extended lease of property comprised in the tenancy, notice of your desire to have the freehold or an extended lease cannot be given more than two months after the service of this notice. If you have that right, and give notice of your desire to have the freehold or an extended lease within those two months, this notice will not operate, and I may take no further proceedings under Part 2 of the Landlord and Tenant Act 1954.

     **6. If you give notice of your desire to have the freehold or an extended lease, I will be entitled to apply to the court under section 17 of the Leasehold Reform Act 1967, and propose to do so. If I am successful I may have to pay you compensation.

OR

     **6. If you give notice of your desire to have the freehold or an extended lease, I will be entitled to apply to the court under section 17 of the Leasehold Reform Act 1967, but do not propose to do so.

OR

     **6. If you give notice of your desire to have the freehold or an extended lease, I will not be entitled to apply to the court under section 17 of the Leasehold Reform Act 1967.

** DELETE TWO versions of this paragraph, as the circumstances require

     *7. I know or believe that the following persons have an interest superior to your tenancy or to be the agent concerned with the property on behalf of someone who has such an interest (insert names and addresses):

*(delete if inapplicable)

     8. Please send all correspondence about this notice to:

Name:

Address:

Signed:    Date:

*[Landlord]*[On behalf of the landlord] *[Mortgagee] *[On behalf of the mortgagee]

(*delete if inapplicable)

SCHEDULE


CERTIFICATE UNDER SECTION 57
(attach or insert a copy of the section 57 certificate)

IMPORTANT NOTE FOR THE TENANT
This Notice is intended to bring your tenancy to an end on the date specified in paragraph 2.

Your landlord may have indicated in paragraph 3 that he will oppose your application for a new tenancy (if you decide to make one). You will not get a new tenancy unless you successfully challenge in court the grounds indicated in paragraph 3 on which your landlord opposes the grant of a new tenancy

It has been certified that it is requisite that occupation or use of the premises should be changed by the date specified in paragraph 4.

If you want to continue to occupy your property you must act quickly. The notes below should help you to decide what action you now need to take. If you are unsure about what you should do, get advice immediately from a solicitor or a surveyor.

NOTES
Unless otherwise stated, the sections mentioned below are sections of the Landlord and Tenant Act 1954, as amended, (most recently by the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003)

Ending of your tenancy

This notice is intended to bring your tenancy to an end on the date stated in paragraph 2 of the notice.

Claiming a new tenancy

If you wish to apply to the court for a new tenancy you must do so by the date set out in paragraph 2 of this notice, unless you and your landlord have agreed in writing, before that date, to extend the deadline (sections 29A and 29B). However, before you take that step, read carefully the section below headed "Effect of section 57 certificate".

If you apply to the court, your tenancy will continue after the date shown in paragraph 2 of this notice while your application is being considered (section 24).

If you are in any doubt about what action you should take, get advice immediately from a solicitor or a surveyor.

Landlord's opposition to claim for a new tenancy

If paragraph 3 of this notice indicates that your landlord is opposed to the grant of a new tenancy, you will not get a new tenancy unless you apply to the court and successfully challenge the ground(s) of your landlord's opposition.

If you apply to the court for a new tenancy, the landlord can only oppose your application on one or more of the grounds set out in section 30(1). If you match the letter(s) specified in paragraph 3 of this notice with those in the first column in the Table below, you can see from the second column the ground(s) on which the landlord relies.

Paragraph of section 30(1)	Grounds
(a)	Where under the current tenancy the tenant has any obligations as respects the repair and maintenance of the holding, that the tenant ought not to be granted a new tenancy in view of the state of repair of the holding, being a state resulting from the tenant's failure to comply with the said obligations.
(b)	That the tenant ought not to be granted a new tenancy in view of his persistent delay in paying rent which has become due.
(c)	That the tenant ought not to be granted a new tenancy in view of other substantial breaches by him of his obligations under the current tenancy, or for any other reason connected with the tenant's use or management of the holding.
(d)	That the landlord has offered and is willing to provide or secure the provision of alternative accommodation for the tenant, that the terms on which the alternative accommodation is available are reasonable having regard to the terms of the current tenancy and to all other relevant circumstances, and that the accommodation and the time at which it will be available are suitable for the tenant's requirements (including the requirement to preserve goodwill) having regard to the nature and class of his business and to the situation and extent of, and facilities afforded by, the holding.
(e)	Where the current tenancy was created by the sub-letting of part only of the property comprised in a superior tenancy and the landlord is the owner of an interest in reversion expectant on the termination of that superior tenancy, that the aggregate of the rents reasonably obtainable on separate lettings of the holding and the remainder of that property would be substantially less than the rent reasonably obtainable on a letting of that property as a whole, that on the termination of the current tenancy the landlord requires possession of the holding for the purposes of letting or otherwise disposing of the said property as a whole, and that in view thereof the tenant ought not to be granted a new tenancy.
(f)	That on the termination of the current tenancy the landlord intends to demolish or reconstruct the premises comprised in the holding or a substantial part of those premises or to carry out substantial work of construction on the holding or part thereof and that he could not reasonably do so without obtaining possession of the holding.
(g)	On the termination of the current tenancy the landlord intends to occupy the holding for the purposes, or partly for the purposes, of a business to be carried on by him therein, or as his residence.

In the Table "the holding" means the property that is the subject of the tenancy.

In ground (e), "the landlord is the owner an interest in reversion expectant on the termination of that superior tenancy" means that the landlord has an interest in the property that will entitle him, when your immediate landlord's tenancy comes to an end, to exercise certain rights and obligations in relation to the property that are currently exercisable by your immediate landlord.

If ground (f) is specified, the court can sometimes still grant a new tenancy if certain conditions set out in section 31A of the 1954 Act can be met.

If ground (g) is specified, please note that "the landlord" may have an extended meaning. Where a landlord has a controlling interest in a company then either the landlord or the company can rely on ground (g). Where the landlord is a company and a person has a controlling interest in that company then either of them can rely on ground (g) (section 30(1A) and (1B)). A person has a "controlling interest" in a company if, had he been a company, the other company would have been its subsidiary (section 46(2)).

The landlord must normally have been the landlord for at least five years before he or she can use ground (g).

Effect of section 57 certificate

A copy of a certificate issued under section 57 appears in the Schedule to this notice. The effect of the certificate is that, even if you are successful in challenging your landlord's opposition to the grant of a new tenancy, and the court orders the grant of a new tenancy, the new tenancy must end not later than the date specified in the certificate (section 57(3)(b)).

Any new tenancy will not be a tenancy to which Part 2 of the 1954 Act applies (section 57(3)(b)).

Rights under the Leasehold Reform Act 1967

If the property comprised in your tenancy is a house, as defined in section 2 of the Leasehold Reform Act 1967 ("the 1967 Act"), you may have the right to buy the freehold of the property or to get an extended lease. If the house is for the time being let under two or more tenancies, you will not have that right if your tenancy is subject to a sub-tenancy and the sub-tenant is himself or herself entitled to that right.

You will have that right if all the following conditions are met:

(i) your lease was originally granted for a term of more than 35 years, or was preceded by such a lease which was granted or assigned to you; and

(ii) your lease is of the whole house; and

(iii) your lease is at a low rent. If your tenancy was entered into before 1 April 1990 (or later if you contracted before that date to enter into the tenancy) "low rent" means that your present annual rent is less than two-thirds of the rateable value of your house as assessed either on 23 March 1965, or on the first day of the term in the case of a lease granted to commence after 23 March 1965; and the property had a rateable value other than nil when the tenancy began or at any time before 1 April 1990. If your tenancy was granted on or after 1 April 1990, "low rent" means that the present annual rent is not more than £1,000 in London or £250 elsewhere; and

(iv) you have been occupying the house (or any part of it) as your only or main residence (whether or not it has been occupied for other purposes) either for the whole of the last two years, or for a total of two years in the last ten years; and

(v) the rateable value of your house was at one time within certain limits.

However, if you have a right to buy the freehold or to get an extended lease, you will not be able to exercise it in this case because of the certificate that has been given under section 57. That is the effect of section 28 of the 1967 Act.

Compensation

If you cannot get a new tenancy solely because one or more of grounds (e), (f) and (g) applies, you may be entitled to compensation under section 37. If your landlord has opposed your application on any of the other grounds as well as (e), (f) or (g) you can only get compensation if the court's refusal to grant a new tenancy is based solely on one or more of grounds (e), (f) and (g). In other words, you cannot get compensation under section 37 if the court has refused your tenancy on other grounds, even if one or more of grounds (e), (f) and (g) also applies.

If the court orders the grant of a new tenancy, you may be entitled to compensation under section 59.

If you have a right under the 1967 Act to buy the freehold or to get an extended lease but you cannot exercise that right because of the section 57 certificate, compensation will be payable under that Act.

You cannot, however, get compensation under both the 1954 Act and the 1967 Act. The compensation payable under the 1967 Act is likely to be greater than that payable under the 1954 Act. In order to be able to claim compensation under the 1967 Act you must serve the appropriate notice on the landlord. A special form is prescribed for this purpose; it is Form 1 as set out in the Schedule to the Leasehold Reform (Notices) (Amendment) (England) Regulations 2002 (S.I. 2002/1715), or if the property is in Wales, the Leasehold Reform (Notices) (Amendment) (Wales) Regulations 2002 (S.I. 2002/3187) (W.303). Subject to the exception mentioned below, you must serve the notice claiming to buy the freehold or to get an extended lease within two months after the date of service of this notice. The exception is where the landlord agrees in writing to your claim being made after the date on which it should have been made.

If there has been any delay in your seeing this notice you may need to act very quickly. If you are in any doubt about what action you should take, get advice immediately from a solicitor or a surveyor.

If your landlord is an authority possessing compulsory purchase powers (such as a local authority) you may be entitled to a disturbance payment under Part 3 of the Land Compensation Act 1973.

Validity of this notice

The landlord who has given you this notice may not be the landlord to whom you pay your rent (sections 44 and 67). This does not necessarily mean that the notice is invalid.

If you have any doubts about whether this notice is valid, get advice immediately from a solicitor or a surveyor.

Further information

An explanation of the main points to consider when renewing or ending a business tenancy, "Renewing and Ending Business Leases: a Guide for Tenants and Landlords", can be found at www.odpm.gov.uk. Printed copies of the explanation, but not of this form, are available from 1st June 2004 from Free Literature, PO Box 236, Wetherby, West Yorkshire, LS23 7NB (0870 1226 236).

An explanation of the rights of leaseholders to buy the freehold or to have an extended lease, "Residential Long Leaseholders - A Guide to Your Rights and Responsibilities", can be found at www.odpm.gov.uk. Printed copies of the explanation, but not of this form, are available from 1st June 2004 from Free Literature, PO Box 236, Wetherby, West Yorkshire, LS23 7NB (0870 1226 236).

(a) no previous notice terminating the tenancy has been given under section 4 or 25 of the Landlord and Tenant Act 1954 or under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989; and

(b) the tenancy is of a house as defined for the purposes of Part 1 of the Leasehold Reform Act 1967 ("the 1967 Act"); and

(c) the tenancy is a long tenancy at a low rent within the meaning of the 1967 Act; and

(d) the tenant is not a company or other artificial person.

To: (insert name and address of tenant)

From: (insert name and address of landlord)

     1. This notice relates to the following property, which is situated in an area for the time being specified as a development area or intermediate area by an order made, or having effect as if made, under section 1 of the Industrial Development Act 1982: (insert address or description of property)

     2. I am giving you notice under section 25 of the Landlord and Tenant Act 1954 ("the 1954 Act") to end your tenancy on (insert date).

     3. A certificate has been given by (state the title of the Secretary of State, Minister or Board on whose authority the certificate was issued) under section 58 of the 1954 Act (as applied by section 60 of that Act) that it is necessary or expedient for the purpose mentioned in section 2(1) of the Local Employment Act 1972 that the use or occupation of the property should be changed. A copy of the certificate appears in the Schedule to this notice.

     4. The certificate prevents me from granting you a new tenancy. It also means that you will not be able to make an application to the court under section 24(1) of the 1954 Act for the grant of a new tenancy.

     5. If you have a right under Part 1 of the Leasehold Reform Act 1967 to acquire the freehold or an extended lease of property comprised in the tenancy, notice of your desire to have the freehold or an extended lease cannot be given more than two months after the service of this notice. If you have that right, and give notice of your desire to have the freehold or an extended lease within those two months, this notice will not operate, and I may take no further proceedings under Part 2 of the 1954 Act.

     *6. If you give notice of your desire to have the freehold or an extended lease, I will be entitled to apply to the court under section 17 of the Leasehold Reform Act 1967, and propose to do so. If I am successful I may have to pay you compensation.

OR

     *6. If you give notice of your desire to have the freehold or an extended lease, I will be entitled to apply to the court under section 17 of the Leasehold Reform Act 1967, but do not propose to do so.

OR

     *6. If you give notice of your desire to have the freehold or an extended lease, I will not be entitled to apply to the court under section 17 of the Leasehold Reform Act 1967.

* DELETE TWO versions of this paragraph, as the circumstances require

     **7. I know or believe that the following persons have an interest superior to your tenancy or to be the agent concerned with the property on behalf of someone who has such an interest (insert names and addresses):

**(delete if inapplicable)

     8. Please send all correspondence about this notice to:

Name:

Address:

Signed:    Date:

*[Landlord]*[On behalf of the landlord] (*delete if inapplicable)

SCHEDULE


CERTIFICATE UNDER SECTION 58
(attach or insert a copy of the section 58 certificate)

IMPORTANT NOTE FOR THE TENANT
This notice is intended to bring your tenancy to an end on the date specified in paragraph 2.

A Government Minister has decided that it is necessary or expedient that occupation or use of the premises should be changed.

It would be wise to seek professional advice.

NOTES
Unless otherwise stated, the sections mentioned below are sections of the Landlord and Tenant Act 1954, as amended, (most recently by the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003)

Ending of your tenancy

This notice is intended to bring your tenancy to an end on the date stated in paragraph 2 of the notice.

Your landlord is both giving you notice that your current tenancy will end on the date stated in paragraph 2 of this notice and drawing attention to a certificate under section 58 (as applied by section 60) that would prevent you from applying to the court for a new tenancy.

Usually, tenants who have tenancies under Part 2 of the Landlord and Tenant Act 1954 can apply to the court for a new tenancy. However, where a Government Minister has certified that it is necessary or expedient for the purpose mentioned in section 2(1) of the Local Employment Act 1972 that the use or occupation of the property should be changed, the landlord may prevent the tenant from making an application to the court for a new tenancy.

Rights under the Leasehold Reform Act 1967

If the property comprised in your tenancy is a house, as defined in section 2 of the Leasehold Reform Act 1967 ("the 1967 Act"), you may have the right to buy the freehold of the property or to get an extended lease. If the house is for the time being let under two or more tenancies, you will not have that right if your tenancy is subject to a sub-tenancy and the sub-tenant is himself or herself entitled to that right.

You will have that right if all the following conditions are met:

(i) your lease was originally granted for a term of more than 35 years, or was preceded by such a lease which was granted or assigned to you; and

(ii) your lease is of the whole house; and

(iii) your lease is at a low rent. If your tenancy was entered into before 1 April 1990 (or later if you contracted before that date to enter into the tenancy) "low rent" means that your present annual rent is less than two-thirds of the rateable value of your house as assessed either on 23 March 1965, or on the first day of the term in the case of a lease granted to commence after 23 March 1965; and the property had a rateable value other than nil when the tenancy began or at any time before 1 April 1990. If your tenancy was granted on or after 1 April 1990, "low rent" means that the present annual rent is not more than £1,000 in London or £250 elsewhere; and

(iv) you have been occupying the house (or any part of it) as your only or main residence (whether or not it has been occupied for other purposes) either for the whole of the last two years, or for a total of two years in the last ten years; and

(v) the rateable value of your house was at one time within certain limits.

However, if you have a right to buy the freehold or to get an extended lease, you will not be able to exercise it in this case because of the certificate that has been given. That is the effect of section 28 of the 1967 Act.

Compensation

If you have a right under the 1967 Act to buy the freehold or to get an extended lease but you cannot exercise that right because of the certificate, compensation will be payable under that Act.

In order to be able to claim compensation under the 1967 Act you must serve the appropriate notice on the landlord. A special form is prescribed for this purpose; it is Form 1 as set out in the Schedule to the Leasehold Reform (Notices) (Amendment) (England) Regulations 2002 (S.I. 2002/1715). Subject to the exception mentioned below, you must serve the notice claiming to buy the freehold or to get an extended lease within two months after the date of service of this notice. The exception is where the landlord agrees in writing to your claim being made after the date on which it should have been made.

If there has been any delay in your seeing this notice you may need to act very quickly. If you are in any doubt about what steps you should take, get advice immediately from a solicitor or a surveyor.

Validity of this notice

The landlord who has given you this notice may not be the landlord to whom you pay your rent (sections 44 and 67). This does not necessarily mean that the notice is invalid.

If you have any doubts about whether this notice is valid, get advice immediately from a solicitor or a surveyor.

Further information

An explanation of the main points to consider when renewing or ending a business tenancy, "Renewing and Ending Business Leases: a Guide for Tenants and Landlords", can be found at www.odpm.gov.uk. Printed copies of the explanation, but not of this form, are available from 1st June 2004 from Free Literature, PO Box 236, Wetherby, West Yorkshire, LS23 7NB (0870 1226 236).

An explanation of the rights of leaseholders to buy the freehold or to have an extended lease, "Residential Long Leaseholders - A Guide to Your Rights and Responsibilities", can be found at www.odpm.gov.uk. Printed copies of the explanation, but not of this form, are available from 1st June 2004 from Free Literature, PO Box 236, Wetherby, West Yorkshire, LS23 7NB (0870 1226 236).

(a) no previous notice terminating the tenancy has been given under section 4 or 25 of the Landlord and Tenant Act 1954, or under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989, and

(b) the tenancy is of a house as defined for the purposes of Part 1 of the Leasehold Reform Act 1967, and

(c) the tenancy is a long tenancy at a low rent within the meaning of that Act, and

(d) the tenant is not a company or other artificial person.

If (a) to (d) apply, use form 17 in Schedule 2 to the Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004 instead of this form.

To: (insert name and address of tenant)

From: (insert name and address of landlord)

     1. This notice relates to the following property, of which you are the tenant: (insert address or description of property)

     2. We give you notice under section 25 of the Landlord and Tenant Act 1954 ("the 1954 Act") to end your tenancy on: (insert date)

     3. A certificate has been given by the National Assembly for Wales under section 58 of the 1954 Act (as applied by section 60A of that Act) that it is necessary or expedient, for the purposes of providing employment appropriate to the needs of the area in which the premises are situated, that the use or occupation of the property should be changed. A copy of the certificate appears in the Schedule to this notice.

     4. The certificate prevents us from granting you a new tenancy. It also means that you will not be able to make an application to the court under section 24(1) of the 1954 Act for the grant of a new tenancy. However, you may be entitled to compensation.

     5. Please send all correspondence about this notice to:

Name:

Address:

Signed:    Date:

*[Landlord] *[On behalf of the landlord]

(*delete if inapplicable)

SCHEDULE


CERTFICATE UNDER SECTION 58
(attach or insert a copy of the section 58 certificate)

IMPORTANT NOTE FOR THE TENANT
This notice is intended to bring your tenancy to an end on the date specified in paragraph 2 above.

The certificate referred to in paragraph 3 above means that the landlord cannot grant you a new tenancy, and the court cannot order the grant of a new tenancy. However, you may be entitled to compensation.

It would be wise to seek professional advice immediately in connection with this notice.

NOTES
Unless otherwise stated, the sections mentioned below are sections of the Landlord and Tenant Act 1954, as amended, (most recently by the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 S.I. 2003/3096))

Ending of your tenancy

     1. This notice is intended to bring your tenancy to an end on the date specified in paragraph 2 of this notice. Section 25 contains rules about the date that the landlord can put in that paragraph.

     2. Your landlord is both giving you notice that your tenancy will end on the date specified in paragraph 2 of this notice and drawing attention, in paragraph 3 of this notice, to a certificate given by the National Assembly for Wales under section 58 (as applied by section 60A) that would prevent you from applying to the court for a new tenancy under Part 2 of the Landlord and Tenant Act 1954.

     3. Usually, tenants who have tenancies under Part 2 of the Landlord and Tenant Act 1954 can apply to the court for a new tenancy. However, where the National Assembly for Wales has certified that it is necessary or expedient, for the purposes of providing employment appropriate to the needs of the area in which the premises are situated, that the use or occupation of the property should be changed, the landlord may prevent the tenant from making an application to the court for a new tenancy.

Compensation

     4. You will be entitled to compensation under section 59 when you leave the property UNLESS:

(a) the premises vested in the Welsh Development Agency under section 7 or 8 of the Welsh Development Agency Act 1975; or

(b) you were not the tenant of the premises when the Welsh Development Agency acquired the interest by virtue of which the certificate referred to in paragraph 3 of this notice was given.

     5. You may also be entitled to a disturbance payment under Part 3 of the Land Compensation Act 1973.

Validity of this notice

     6. The landlord who has given you this notice may not be the landlord to whom you pay your rent (sections 44 and 67). This does not necessarily mean that the notice is invalid.

     7. If you have any doubts about whether this notice is valid, get advice immediately from a solicitor or a surveyor.

Further information

     8. An explanation of the main points to consider when renewing or ending a business tenancy, "Renewing and Ending Business Leases: a Guide for Tenants and Landlords", can be found at www.odpm.gov.uk Printed copies of the explanation, but not of this form, are available from 1st June 2004 from Free Literature, PO Box 236, Wetherby, West Yorkshire, LS23 7NB (0870 1226 236).

(a) no previous notice terminating the tenancy has been given under section 4 or 25 of the Landlord and Tenant Act 1954 Act or under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989; and

(b) the tenancy is of a house as defined for the purposes of Part 1 of the Leasehold Reform Act 1967; and

(c) the tenancy is a long tenancy at a low rent within the meaning of the 1967 Act; and

(d) the tenant is not a company or other artificial person.

To: (insert name and address of tenant)

From: (insert name and address of landlord)

     1. This notice relates to the following property, of which you are the tenant: (insert address or description of property):

     2. We give you notice under section 25 of the Landlord and Tenant Act 1954 ("the 1954 Act") to end your tenancy on: (insert date)

     3. A certificate has been given by the National Assembly for Wales under section 58 of the 1954 Act (as applied by section 60A of that Act) that it is necessary or expedient, for the purposes of providing employment appropriate to the needs of the area in which the premises are situated, that the use or occupation of the property should be changed. A copy of the certificate appears in the Schedule to this notice.

     4. The certificate prevents us from granting you a new tenancy. It also means that you will not be able to make an application to the court under section 24(1) of the 1954 Act for the grant of a new tenancy. However, you may be entitled to compensation.

     5. If you have a right under Part 1 of the Leasehold Reform Act 1967 ("the 1967 Act") to acquire the freehold or to get an extended lease of property comprised in the tenancy, notice of your desire to have the freehold or an extended lease cannot be given more than two months after the service of this notice. If you have that right, and give notice of your desire to have the freehold or an extended lease within those two months, this notice will not operate, and we may take no further proceedings under Part 2 of the 1954 Act.

     *6. If you give notice of your desire to have the freehold or an extended lease, we will be entitled to apply to the court under section 17 of the 1967 Act, and propose to do so. If we are successful we may have to pay you compensation.

OR

     *6. If you give notice of your desire to have the freehold or an extended lease, we will be entitled to apply to the court under section 17 of the 1967 Act, but do not propose to do so.

OR

     *6. If you give notice of your desire to have the freehold or an extended lease, we will not be entitled to apply to the court under section 17 of the 1967 Act.

*(DELETE TWO versions of paragraph 6, as the circumstances require)

     **7. We know or believe that the following persons have an interest superior to your tenancy or to be the agent concerned with the property on behalf of someone who has such an interest (insert names and addresses):

**(delete if inapplicable)

     8. Please send all correspondence about this notice to:

Name:

Address:

Signed:    Date:

*[Landlord] *[On behalf of the landlord]

(* delete if inapplicable)

SCHEDULE


CERTFICATE UNDER SECTION 58
(attach or insert a copy of the section 58 certificate)

IMPORTANT NOTE FOR THE TENANT
This notice is intended to bring your tenancy to an end on the date specified in paragraph 2 above.

The National Assembly for Wales has certified that it is necessary or expedient that occupation or use of the premises should be changed.

It would be wise to seek professional advice immediately in connection with this notice.

NOTES
Unless otherwise stated, the sections mentioned below are sections of the Landlord and Tenant Act 1954, as amended, (most recently by the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. 2003/3096))

Ending of your tenancy

     1. This notice is intended to bring your tenancy to an end on the date specified in paragraph 2 of this notice. Section 25 contains rules about the date that the landlord can put in that paragraph.

     2. Your landlord is both giving you notice that your tenancy will end on the date specified in paragraph 2 of this notice and drawing attention, in paragraph 3 of this notice, to a certificate given by the National Assembly for Wales under section 58 (as applied by section 60A) that would prevent you from applying to the court for a new tenancy under Part 2 of the Landlord and Tenant Act 1954.

     3. Usually, tenants who have tenancies under Part 2 of the Landlord and Tenant Act 1954 can apply to the court for a new tenancy. However, where the National Assembly for Wales has certified that it is necessary or expedient, for the purposes of providing employment appropriate to the needs of the area in which the premises are situated, that the use or occupation of the property should be changed, the landlord may prevent the tenant from making an application to the court for a new tenancy under that Part 2.

     4. However, the Leasehold Reform Act 1967 ("the 1967 Act") may also apply in your case. If it does, you may be able to buy the freehold of the property or get an extended lease under that Act (see Rights under the 1967 Act: notes 5 to 7 below and Claiming your rights under the 1967 Act: notes 8 and 9 below). If you claim an extended lease your landlord may still be able to get possession of the property (see Landlord's opposition to claims under the 1967 Act: note 10 below). If he does, you may be able to get compensation (see Compensation: notes 11 to 14 below). The amount of any compensation will depend on the steps you have taken and under which Act (it is likely to be greater under the 1967 Act). If you have any doubt about what you should do, get professional advice immediately.

Rights under the 1967 Act

     5. If the property comprised in your tenancy is a house, as defined in section 2 of the 1967 Act, you may have the right to buy the freehold of the property or to get an extended lease.

     6. If the house is for the time being let under two or more tenancies, you will not have that right if your tenancy is subject to a sub-tenancy and the sub-tenant is himself or herself entitled to that right.

     7. You will have that right if all the following conditions (i) - (v) are met:

(i) your lease was originally granted for a term of more than 35 years, or was preceded by such a lease which was granted or assigned to you; and

(ii) your lease is of the whole house; and

(iii) (where applicable) your lease is at a low rent. If your tenancy was entered into before 1 April 1990 (or later if you contracted before that date to enter into the tenancy) "low rent" means that your present annual rent is less than two-thirds of the rateable value of your house as assessed either on 23 March 1965, or on the first day of the term in the case of a lease granted to commence after 23 March 1965, and the property had a rateable value other than nil when the tenancy began or any time before 1 April 1990. If your tenancy was granted on or after 1 April 1990, "low rent" means that the present annual rent is not more than £250; and

(iv) you have been occupying the house (or any part of it) as your only or main residence (whether or not it has been occupied for other purposes) either for the whole of the last two years, or for a total of two years in the last ten years; and

(v) the rateable value of your house was at one time within certain limits.

Claiming your rights under the 1967 Act

     8. If you have the right to buy the freehold or to get an extended lease and wish to exercise it, you must serve the appropriate notice on the landlord. A special form is prescribed for this purpose; it is Form 1 as set out in the Schedule to the Leasehold Reform (Notices) (Amendment) (Wales) Regulations 2002 (S.I. 2002/3187)(W.303). Subject to the exception mentioned below, you must serve the notice claiming to buy the freehold or to get an extended lease within two months after the date of service of this notice. The exception is where the landlord agrees in writing to your claim being made after the date on which it should have been made.

     9. There are special rules about the service of notices. If there has been any delay in your seeing this notice you may need to act very quickly. If you are in any doubt about what you should do, get advice immediately from a solicitor or a surveyor.

Landlord's opposition to claims under the 1967 Act

     10. If you claim a right under the 1967 Act, your landlord can object under section 17 of the 1967 Act on the grounds that he wishes to redevelop the property. Paragraph 6 of the notice will tell you whether the landlord believes he has the right to apply to the court under section 17 and whether or not he proposes to do so.

Compensation

     11. Because the court cannot order the grant of a new tenancy under the 1954 Act in your case, you may be entitled to compensation under the 1954 Act when you leave the property. You will not be entitled to such compensation if either:

(a) the premises were vested in the Welsh Development Agency under section 7 or 8 of the Welsh Development Agency Act 1975; or

(b) you were not the tenant of the premises when the Agency acquired the interest by virtue of which the certificate referred to in paragraph 3 of this notice was given.

     12. You may be entitled to a disturbance payment under Part 3 of the Land Compensation Act 1973.

     13. If you have a right under the 1967 Act to buy the freehold or to get an extended lease of your premises but the landlord is able to obtain possession of the premises (see Landlord's opposition to claims under the 1967 Act: note 10 above), compensation under the 1967 Act is payable. This is normally higher than compensation under the 1954 Act. Your professional adviser will be able to advise you on this.

     14. In order to be able to claim compensation under the 1967 Act you must serve the appropriate notice on the landlord within the stated time limit (see Claiming your Rights under the 1967 Act: notes 8 and 9 above).

Validity of this notice

     15. The landlord who has given you this notice may not be the landlord to whom you pay your rent (sections 44 and 67). This does not necessarily mean that the notice is invalid.

     16. If you have any doubts about whether this notice is valid, get advice immediately from a solicitor or a surveyor.

Further information

     17. An explanation of the main points to consider when renewing or ending a business tenancy, "Renewing and Ending Business Leases: a Guide for Tenants and Landlords", can be found at www.odpm.gov.uk Printed copies of the explanation, but not of this form, are available from 1st June 2004 from Free Literature, PO Box 236, Wetherby, West Yorkshire, LS23 7NB (0870 1226 236).

     18. An explanation of the rights of leaseholders to buy the freehold or to have an extended lease, "Residential Long Leaseholders - A Guide to Your Rights and Responsibilities", can be found at www.odpm.gov.uk. Printed copies of the explanation, but not of this form, are available from Free Literature, PO Box 236, Wetherby, West Yorkshire, LS23 7NB (0870 1226 236).

[2] For amendments relevant to these Regulations, see the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. 2003/3096).back

[3] 1967 c. 88. Amendments to Schedule 3 relevant to these Regulations are made by S.I. 2003/3096, Schedule 5, paragraphs 10 to13.back

[4] S.I. 1983/133.back

[5] S.I. 1989/1548.back

[6] 1972 c. 5. Section 2(1) was repealed by the Industry Act 1972 (c. 63), except as applied by section 60(1) of the Landlord and Tenant Act 1954; see Part 1 of Schedule 4 to the Industry Act 1972. Its application continues by virtue of paragraph 2(a) of Part 2 of Schedule 2 to the Industrial Development Act 1982 (c. 52).back

[7] 1972 c. 5. Section 2(1) was repealed by the Industry Act 1972 (c. 63), except as applied by section 60(1) of the Landlord and Tenant Act 1954; see Part 1 of Schedule 4 to the Industry Act 1972. Its application continues by virtue of paragraph 2(a) of Part 2 of Schedule 2 to the Industrial Development Act 1982 (c. 52).back

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