Have you served the right Section 17 notice?

The law
Property owners know that in order to recover rent under an old style lease from the original tenant following an assignment, they need to serve a Notice under Section 17 of the Landlord and Tenant (Covenant) Act 1995. This notice must be served within six months of the rent having become due. The Act provides that the Notice must be in a stipulated form. The actual forms are prescribed under the Landlord and Tenant (Covenants) Act 1995 (Notices) Regulations 1995.

The Problem
The regulations prescribe two different forms of notice. Managing Agents have been known to use the incorrect form, which will be of no effect. Tenants can be expected to take the point if the wrong form is used. If this is not remedied within six months, the right to recover that rent will be lost.

The Solution
Form 1 must be used within six months of a fixed charge (defined by the Act to include rent) falling due. Form 2 is used when the landlord has already used Form 1 and has explained within Form 1 that the amount payable may be revised. An example of this situation would be where service charges remain to be calculated. Form 2 cannot be used instead of Form 1. Form 2 must be served within three months of the revised amount being ascertained.

Don’t lose your rent entitlement by allowing the wrong form to be used!