Statutory Instruments
2004 No. 1627
HOUSING, ENGLAND
The Secure Tenancies (Notices) (Amendment) (England) Regulations 2004
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( 1 ), hereby makes the following Regulations:
Citation, commencement and application
1. —(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.
Amendment: notice to be served before proceedings for a demotion order
2. —(1)The Secure Tenancies (Notices) Regulations 1987( 2 ) 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 ( 3 ) 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.
”
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
1985 c. 68 . The functions of the Secretary of State under the Housing Act 1985 (the 1985 Act) are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 ( SI 1999/672 , to which there are amendments not relevant to these Regulations). Section 83 of the 1985 Act was substituted by section 147 of the Housing Act 1996 (c. 52) . In section 83, subsections (1) and (2) are amended, and subsection (4A) inserted, by section 14(3) of the Anti-social Behaviour Act 2003 (c. 38) .
SI 1987/755 as amended by SI 1997/71 and SI 1997/377 .
Section 82A was inserted by section 14(2) of the Anti-social Behaviour Act 2003 (c. 38)