# The Secure Tenancies (Notices) (Amendment) (England) Regulations 2004

S.I. 2004/1627 · made 24 June 2004

These Regulations amend the Secure Tenancies (Notices) Regulations 1987 as they apply in England to prescribe the form of notice which should be served on a secure tenant before a landlord begins proceedings for a demotion order under section 82A of that Act.

Made under: Housing Act 1985 (Section 83)

PDFs: Printed copy https://openlegislation.uk/secure-tenancies-notices-amendment-england-regulations-2004/pdf/uksi_20041627_en.pdf

## Introductory text

HOUSING, ENGLAND
Made 24th June 2004
Coming into force 19th July 2004
The First Secretary of State, in exercise of the powers conferred upon him by section 83(2) and (7) of the Housing Act 1985, hereby makes the following Regulations:

## 1 Citation, commencement and application

(1) These Regulations may be cited as the Secure Tenancies (Notices)(Amendment) (England) Regulations 2004 and shall come into force on 19th July 2004.
(2) These Regulations apply to England only.

## 2 Amendment: notice to be served before proceedings for a demotion order

(1) The Secure Tenancies (Notices) Regulations 1987 shall be amended as follows.
(2) After regulation 2, add—
“3 The notice to be served on a secure tenant under section 83 of the Housing Act 1985 before the court can entertain proceedings for a demotion order under section 82A of that Act, shall be in the form specified in Part III of the Schedule to these Regulations, or in a form substantially to the same effect.”
(3) In the Schedule, after Part II add—
“Part III
Notice before proceedings for a demotion order
Housing Act 1985, s83
This Notice is the first step towards the termination of your secure tenancy and its replacement with a demoted tenancy. You should read it very carefully.”

## Signature

Signed by authority of the First Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
24th June 2004

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Secure Tenancies (Notices) Regulations 1987 as they apply in England to prescribe the form of notice which should be served on a secure tenant before a landlord begins proceedings for a demotion order under section 82A of that Act.
Section 14 of the Anti-social Behaviour Act 2003 amended Part 4 of the Housing Act 1985 to allow a secure tenancy to be brought to an end and replaced with a less secure demoted tenancy by a demotion order made by a county court.
Section 83 of the Housing Act 1985, as amended by section 14 of the Anti-social Behaviour Act 2003, provides that a court may not entertain proceedings for a demotion order unless either a notice in the prescribed form and containing certain specified information has been served on the secure tenant, or the court considers it just and equitable to dispense with such a notice.

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Source: https://www.legislation.gov.uk/uksi/2004/1627 (the official version)
Page: https://openlegislation.uk/secure-tenancies-notices-amendment-england-regulations-2004
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.