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Housing Act 1996

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This is the original version (as it was originally enacted).

82Notice under s.146 of the Law of Property Act 1925

(1)Nothing in section 81 (restriction on termination of tenancy for failure to pay service charge) affects the power of a landlord to serve a notice under section 146(1) of the [1925 c. 20.] Law of Property Act 1925 (restrictions on and relief against forfeiture: notice of breach of covenant or condition).

(2)But such a notice in respect of premises let as a dwelling and failure to pay a service charge is ineffective unless it complies with the following requirements.

(3)It must state that section 81 applies and set out the effect of subsection (1) of that section.

The Secretary of State may by regulations prescribe a form of words to be used for that purpose.

(4)The information or words required must be in characters not less conspicuous than those used in the notice—

(a)to indicate that the tenancy may be forfeited, or

(b)to specify the breach complained of,

whichever is the more conspicuous.

(5)In this section “premises let as a dwelling” and “service charge” have the same meaning as in section 81.

(6)Regulations under this section—

(a)shall be made by statutory instrument, and

(b)may make different provision for different cases or classes of case including different areas.

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