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Snorkerz
03-04-2010, 22:49 PM
Section 13(2) of the 1988 Act states that a s13 notice must be in a "prescribed form", but I can not find where it is prescribed!

Can anyone point me in the right direction?

mind the gap
03-04-2010, 22:57 PM
There's one on here, in both pdf and Word document form:

http://www.youngandpearce.co.uk/landlord-forms.htm

(scroll down about half a page from top)

Snorkerz
03-04-2010, 23:11 PM
Thanks MTG - no, I'm looking for where in the legislation it states what form it should be in.

"the landlord may serve on the tenant a notice in the prescribed form "

mind the gap
03-04-2010, 23:14 PM
Thanks MTG - no, I'm looking for where in the legislation it states what form it should be in.

"the landlord may serve on the tenant a notice in the prescribed form "

Presumably the one I've linked to is in the prescribed form - why not just use that one?

Otherwise :Housing Act 1988 section 13?

Lawcruncher
03-04-2010, 23:33 PM
It says on the form: Form 4B of the Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) (England) Regulations 2003.

You can find the Regulations here: http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Legislation&title=Assured+Tenancies+and+Agricultural+Occupanci es++(Forms)+(Amendment)+(England)&Year=2003&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&TYPE=QS&NavFrom=0&activeTextDocId=826890&PageNumber=1&SortAlpha=0

Snorkerz
03-04-2010, 23:35 PM
I have no doubt the one you linked to is spot-on, but I am trying to work out if a friend is being given the correct notice.

My quote in the last post WAS from s13 of the 1988 Housing Act - it says you have to use the prescribed form, but doesn't seem to say what the prescribed form is!

Snorkerz
03-04-2010, 23:40 PM
It says on the form: Form 4B of the Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) (England) Regulations 2003.

You can find the Regulations here: http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Legislation&title=Assured+Tenancies+and+Agricultural+Occupanci es++(Forms)+(Amendment)+(England)&Year=2003&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&TYPE=QS&NavFrom=0&activeTextDocId=826890&PageNumber=1&SortAlpha=0

TVM - Brillo

jeffrey
04-04-2010, 14:15 PM
The connection between s.13 and the 2003 Regulations is in s.45(1) of the Act:

45. Interpretation of Part I.
(1) In this Part of this Act, except where the context otherwise requires:
...
“prescribed” means prescribed by regulations made by the Secretary of State by statutory instrument;
...