The Leasehold Reform (Ground Rent) (Business Lease Notices) Regulations 2022

• Citation: S.I. 2022/578
• Sections: 4

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Leasehold Reform (Ground Rent) (Business Lease Notices) Regulations 2022.

(2) These Regulations come into force on 30th June 2022.

(3) These Regulations extend to England and Wales.

Section 2 Interpretation

In these Regulations—

“ the Act ” means the Leasehold Reform (Ground Rent) Act 2022;

“ proper address ” means—

in the case of a company, the registered or principle office;

in the case of an individual, the last known address of the individual.

Section 3 Form and content of business lease notices

(1) A notice under section 2(1)(c) of the Act must contain—

(a) the address or other description (sufficient to identify the premises) of the premises demised (or to be demised) by the lease;

(b) a statement to the effect that—

(i) the landlord or tenant (or prospective landlord or tenant), as the case may be, intends the premises demised (or to be demised) by the lease to be used, and to continue to be used for purposes which are business purposes and this is expressly permitted by the lease (and no further consent is required from the landlord for such use);

(ii) the nature of the business purposes permitted by the lease (or prospective lease) is such that the use of the premises demised (or to be demised) by the lease as a dwelling significantly contributes to the business purposes;

(iii) the lease (or prospective lease) is excepted from the Act and the lease can require the tenant to pay a rent which is more than a peppercorn rent;

(c) the name and signature of the landlord or tenant (or prospective landlord or tenant) giving the notice or the person authorised to give the notice on that person’s behalf.

(2) A notice under section 2(1)(c) of the Act must not form part of any instrument creating the lease.

Section 4 Service of notices

A notice under section 2(1)(c) of the Act is duly given to the landlord or tenant (or prospective landlord or tenant) if—

(a) it is given to them by hand;

(b) it is left at their proper address;

(c) it is sent by post to that address;

(d) it is transmitted in a form of electronic communication accepted by the recipient of the notice; or

(e) it is provided by any other means accepted by the recipient of the notice.