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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations amend the Housing (Change of Landlord) (Prescribed Forms) Regulations 1989 (“the principal Regulations”), whichprescribe forms for use in connection with the right to acquire conferred by Part IV of the Housing Act 1988 (“the Act”). With exceptions, the amendments relate to the payment of a disposal cost by instalments provided for in the amendments made tosections 99, 103 and 104 of the Act by section 174 of the Local Government and Housing Act 1989.

Regulation 2(3) and (4) amends regulation 3(forms) of the principal Regulations and adds a reference to a new form, which is added as Schedule 8 to the principal Regulations by regulation 2(7). This is the form of notice, under section 99(7), of the landlord’s intention to pay a disposal cost by instalments and of information required by section 99(8) to be furnished to the applicant after certification on behalf of the landlord and by an appointed auditor. The information and the manner of certification are prescribed inthe Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) Regulations 1990 (S.I.1990/1019).

Regulation 2(5) substitutes for the form in Schedule 4 to the principal Regulations (notice under section 99(1) of the Act) a new form, set out in Schedule 1 to these Regulations. This form, which includes the substance of the previous form of notice under section99(1), is the form of notice under that subsection, and of notice and information under subsections (7) and (8) to which the form in the new Schedule 8 tothe principal Regulations is the alternative.

Regulation 2(6) inserts material relating to payment of a disposal cost by instalments in the form set out in Schedule 5 to the principal Regulations (which is the form of notice to be used by an applicant under section 103(1)).

The exceptions relate to the procedures on termination of leases granted under section 104(1)(b) of the Act. Paragraph 3(1) of Schedule 12 requires the landlord to furnish a prescribed statement to the Chief Land Registrar. Regulation 2(4) adds the form of statement to the forms referred to in regulation 3 of the principal Regulations: regulation 2(7) inserts Schedule 9 (set out in Schedule 3to these Regulations), the form of statement. The circumstances of termination in which the statement is required to be furnished, and the time of furnishing, are prescribed in the Housing (Change of Landlord) (Amendment) Regulations 1990 (S.I.1990/1033).