Statutory Instrument 1990 No. 1059

The Housing (Change of Landlord) (Prescribed Forms) (Amendment) Regulations 1990

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© Crown Copyright 1990

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1990 No. 1059

HOUSING, ENGLAND AND WALES

The Housing (Change of Landlord) (Prescribed Forms) (Amendment) Regulations 1990

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 108, 111(b), 112 and 114(1)^[1] of the Housing Act 1988^[2], and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Housing (Change of Landlord) (Prescribed Forms) (Amendment) Regulations 1990 and shall come into force on 31st May 1990.

Amendment to Regulations
    2.—(1)  The Housing (Change of Landlord) (Prescribed Forms) Regulations 1989^[3] are amended inaccordance with this regulation.

    (2)  In regulation 2 (General interpretation), the following definitions are inserted in the appropriate place in alphabetical order —
""capital expenditure on housing" means —
(a) in a case where the relevant financial year starts on or after 1st April 1990, the amount which is certified by an auditor appointed by the Audit Commission for Local Authorities in England and Wales as the expenditure of the landlord incurred duringthe relevant financial year for capital purposes (within the meaning of section 40 of the Local Government and Housing Act 1989) inthe exercise of housing functions under the Housing Act 1985^[4], the Housing Associations Act 1985^[5], the Act and the 1989 Act;

(b) in any other case, the amount which is certified by such auditor as the expenditure (being expenditure included in thecapital accounts of the landlord) incurred by the landlord during the relevant financial year in the exercise of housing functions under the Housing Act 1985, the Housing Associations Act 1985 and the Act;


  "financial year" means a period of twelve months beginning on 1st April;

  "relevant financial year" means the financial year which, at the date of the service of the notice referred to in section 99(7), is the most recent financial year for which the audit of the landlord's accounts has been concluded;

  "relevant payment" means any payment (other than that of interest) in respect of any disposal cost under Part IV of the Act which,at the date of the notice referred to in section 99(7), the landlord has an obligation to makeduring any financial year after the financial year in which that notice was served or given;" .



    (3)  In regulation 3(Forms), after the words "disposal cost" in paragraph there are added the words "and the form of notice and information to be used under section 99(1), as the alternative to the form of notice and information under section 99(7), by a landlord in notifying the applicant of the landlord's intention to pay the disposal cost by instalments and furnishing information required by section 99(8)".

    (4)  In regulation 3, after paragraph (g) the following two paragraphs are added —
"(h) the form set out in Schedule 8 to these Regulations shall be the form of notice and information to be used under section 99(7), as the alternative to the form of notice and information under section 99(1), by a landlord in notifying an applicant ofthe landlord's intention to pay the disposal cost by instalments and furnishing information required by section 99(8);

(i) the form set out in Schedule 9 to these Regulations shall be the form of statement to be included in the statement to be furnishedto the Chief Land Registrar in accordance with paragraph 3(1) of Schedule 12 to the Act (registration of title and related matters)." .



    (5)  For the form set out in Schedule 4 (notice under section 99(1) of the Act) there is substituted the form set out in Schedule 1 to these Regulations.

    (6)  In the form set out in Schedule 5, the following paragraph is added after paragraph 6 in Part F —
    "6A.    Payment by instalments



    1.    The disposal cost is not such that regulations under section 104(2A) permit it to be paid by instalments.



    2.    The basis on which, in accordance with regulations under section 104(2A), the disposal cost is to be paid by instalments is as follows:




Amount of disposal cost




Capital expenditure on housing




Note to applicant




Cross out either 1 or 2 above. If you cross out 1, complete 2.




Total of disposal cost and any relevant payments, expressed as percentage of capital expenditure on housing




Amount of each instalment (excluding interest)




Period over which instalments are payable"



    (7)  After Schedule 7, there are added the Schedule (Schedule 8 to those Regulations) set out in Schedule 2 to these Regulations and the Schedule (Schedule 9 to those Regulations) set out in Schedule 3 to these Regulations.

Chris Patten

Secretary of State for the Environment

11th May 1990

David Hunt

Secretary of State for Wales

9th May 1990

[1] See the definition of "prescribed". back

[2] 1988 c. 50; relevant amendments were made to sections 99 and 103, and subsection (2A) was inserted in section 104, by section 174 of the Local Government and Housing Act 1989 (c. 42). back

[3] S.I. 1989/374. back

[4] 1985 c. 68. back

[5] 1985 c. 69. back

Explanatory Note