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(b) rent is payable monthly and at least two consecutive months’ rent is
unpaid,

(c) rent is payable quarterly and at least one quarter’s rent is more than
three months in arrears, or

(d) 5rent is payable yearly and at least three months’ rent is more than three
months in arrears.

(2) If the unpaid rent condition has been met and a new payment of rent is made
before the notice under section 56 is given, the unpaid rent condition ceases to
be met (irrespective of the period to which the new payment of rent relates).

(3) 10In this section “rent” means rent lawfully due from the tenant.

58 Warning notices

(1) Before bringing a tenancy to an end under section 56 the landlord must give
three warning notices, at different times, in accordance with this section.

(2) The first two warning notices must be given to the following using one of the
15methods in section 60(2) or (3)

(a) the tenant,

(b) any named occupiers, and

(c) any deposit payers.

(3) The third warning notice must be given by fixing it to some conspicuous part
20of the premises to which the tenancy relates.

(4) Each warning notice must explain—

(a) that the landlord believes the premises to have been abandoned,

(b) that the tenant, a named occupier or a deposit payer must respond in
writing before a specified date if the premises have not been
25abandoned, and

(c) that the landlord proposes to bring the tenancy to an end if no tenant,
named occupier or deposit payer responds in writing before that date.

(5) The date specified under subsection (4)(b) must be after the end of the period
of 8 weeks beginning with the day on which the first warning notice is given to
30the tenant.

(6) The first warning notice may be given even if the unpaid rent condition is not
yet met.

(7) The second warning notice may be given only once the unpaid rent condition
has been met.

(8) 35The second warning notice must be given at least two weeks, and no more than
4 weeks, after the first warning notice.

(9) The third warning notice must be given before the period of 5 days ending with
the date specified in the warning notices under subsection (4)(b).

(10) The Secretary of State may make regulations setting out the form that the third
40warning notice must take.

(11) In this Part—

  • “deposit payer” means a person who the landlord knows paid a tenancy
    deposit in relation to the tenancy on behalf of the tenant;

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  • “named occupier” means a person named in the tenancy as a person who
    may live at the premises to which the tenancy relates.

59 Reinstatement

(1) Where a tenancy is brought to an end by a notice under section 56 the tenant
5may apply to the county court for an order reinstating the tenancy if the tenant
has a good reason for having failed to respond to the warning notices.

(2) If the county court finds that the tenant had a good reason for failing to respond
to the warning notices it may make any order it thinks fit for the purpose of
reinstating the tenancy.

(3) 10An application under this section may not be made after the end of the period
of 6 months beginning with the day on which the notice under section 56 is
given.

60 Methods for giving notices under sections 56 and 58

(1) This section sets out the methods for giving—

(a) 15a notice under section 56;

(b) the first or second warning notice under section 58.

(2) The notice may given by delivering it to the tenant, named occupier or deposit
payer in person.

(3) If the notice is not delivered to the tenant, named occupier or deposit payer in
20person it must be given by—

(a) leaving it at, or sending it to, the premises to which the tenancy relates,

(b) leaving it at, or sending it to, every other postal address in the United
Kingdom that the tenant, named occupier or deposit payer has given
the landlord as a contact address for giving notices,

(c) 25sending it to every email address that the tenant, named occupier or
deposit payer has given the landlord as a contact address for giving
notices, and

(d) in the case of a tenant, leaving it at or sending it to every postal address
in the United Kingdom of every guarantor, marked for the attention of
30the tenant.

(4) In subsection (3) “guarantor”, in relation to a tenant, means a person who has
agreed with the landlord to guarantee the performance by the tenant of any of
the tenant’s obligations under the tenancy.

61 Interpretation of Part

35In this Part—

  • “assured shorthold tenancy” has the same meaning as in Part 1 of the
    Housing Act 1988;

  • “named occupier” has the meaning given by section 58;

  • “private landlord” means a landlord who is not within section 80(1) of the
    40Housing Act 1985 (the landlord condition for secure tenancies);

  • “tenancy deposit”, in relation to a tenancy, means any money intended to
    be held (by the landlord or otherwise) as security for—

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    (a)

    the performance of any obligations of the tenant arising under
    or in connection with the tenancy, or

    (b)

    the discharge of any liability of the tenant arising under or in
    connection with the tenancy;

  • 5“warning notice” means a notice under section 58.

62 Consequential amendment to Housing Act 1988

In section 5 of the Housing Act 1988 (security of tenure), in subsection (1)—

(a) omit “or” at end of paragraph (b);

(b) at the end of paragraph (c) insert , or

(d) 10in the case of an assured shorthold tenancy, serving a
notice in accordance with section 56 of the Housing and
Planning Act 2016,”.

Part 4 Social housing in England

15CHAPTER 1 Implementing the right to buy on a voluntary basis

Funding of discounts offered to tenants

63 Grants by Secretary of State

(1) The Secretary of State may make grants to private registered providers in
20respect of right to buy discounts.

(2) A grant under this section may be made on any terms and conditions the
Secretary of State considers appropriate.

(3) See also section 47 of the Housing and Regeneration Act 2008 (which would
allow the Secretary of State to direct the Homes and Communities Agency to
25use its powers to make grants of the kind mentioned above).

64 Grants by Greater London Authority

(1) The Greater London Authority may make grants to private registered
providers in respect of right to buy discounts for dwellings in London.

(2) A grant under this section may be made on any terms and conditions the
30Greater London Authority considers appropriate.

Monitoring compliance

65 Monitoring

(1) The Regulator of Social Housing must, if requested to do so by the Secretary of
State, monitor compliance with the home ownership criteria.