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STATUTORY INSTRUMENTS

2005 No. 1352 (W.100)

LANDLORD AND TENANT, WALES

The Rights of Re-entry and Forfeiture (Prescribed Sum and Period) (Wales) Regulations 2005

  Made 17 May 2005 
  Coming into force 31 May 2005 

The National Assembly for Wales, in exercise of the powers conferred by sections 167(1), 167(5) and 179(1) of the Commonhold and Leasehold Reform Act 2002[1], hereby makes the following Regulations:

Name, commencement and application
     1.  - (1) These Regulations are called the Rights of Re-entry and Forfeiture (Prescribed Sum and Period) (Wales) Regulations 2005 and shall come into force on 31 May 2005.

    (2) These Regulations apply in relation to dwellings in Wales that are occupied under a long lease[2].

Prescribed sum and period
     2.  - (1) The sum prescribed for the purposes of subsection (1)(a) of section 167 (failure to pay small amount for short period) of the Commonhold and Leasehold Reform Act 2002 is £350.

    (2) The period prescribed for the purposes of subsection (1)(b) of that section is three years.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[3].


D. Elis-Thomas
The Presiding Officer of the National Assembly

17 May 2005


EXPLANATORY NOTE

(This note is not part of the Regulations)


Section 167(1) of the Commonhold and Leasehold Reform Act 2002 prevents a landlord under a long lease of a dwelling from exercising a right of re-entry or forfeiture for failure by a tenant to pay an amount consisting of rent, service charges or administration charges (or a combination of them) unless the unpaid amount exceeds the prescribed sum or consists of, or includes, an amount which has been payable for more than a prescribed period.

Regulation 2 of these Regulations, which apply only in relation to dwellings in Wales, prescribes the sum of £350 and a period of three years.

Notes:

 [1] 2002 c.15. See the definition of "prescribed" in section 167(5) and the definition of "appropriate national authority" in section 179(1).back

[2] As to "dwelling" and "long lease", see section 167(5) of the Commonhold and Leasehold Reform Act 2002.back

[3] 1998 c.38.back


Cymraeg (Welsh)


ISBN 0 11 091132 6


 © Crown copyright 2005

Prepared 24 May 2005

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URL: http://www.bailii.org/wales/legis/num_reg/2005/20051352e.html