s13 "Prescribed Form"

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  • s13 "Prescribed Form"

    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?

  • #2
    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)
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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    • #3
      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 "

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      • #4
        Originally posted by Snorkerz View Post
        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?
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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        • #5
          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/legResu...=1&SortAlpha=0

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          • #6
            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!

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            • #7
              Originally posted by Lawcruncher View Post
              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/legResu...=1&SortAlpha=0
              TVM - Brillo

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              • #8
                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;
                ...
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

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