71 Applications by two or more landlords or by representative bodies.
(1) Where, on a joint application made by two or more persons as landlords of neighbouring areas, it appears to the appropriate tribunal—
(a) that a scheme could in accordance with subsections (1) and (2) of section 70 be approved as an estate management scheme for those areas, treated as a unit, if the interests of those persons were held by a single person, and
(b) that the applicants are willing to be bound by the scheme to co-operate in the management of their property in those areas and in the administration of the scheme,
the tribunal may (subject to the provisions of section 70 and subsection (2) below) approve the scheme under that section as an estate management scheme for those areas as a whole.
(2) Any such scheme shall be made subject to conditions (enforceable in such manner as may be provided by the scheme) for securing that the landlords and their successors co-operate as mentioned in subsection (1)(b) above.
(3) Where it appears to the appropriate tribunal—
(a) that a scheme could, on the application of any landlord or landlords, be approved under section 70 as an estate management scheme for any area or areas, and
(b) that any body of persons—
(i) is so constituted as to be capable of representing for the purposes of the scheme the persons occupying or interested in property in the area or areas (other than the landlord or landlords or his or their licensees), or such of them as are or may become entitled to acquire their landlord’s interest as mentioned in section 69(1)(a) or (b), and
(ii) is otherwise suitable,
an application for the approval of the scheme under section 70 may be made to the tribunal by the representative body alone or by the landlord or landlords alone or by both jointly and, by leave of the tribunal, may be proceeded with by the representative body or by the landlord or landlords despite the fact that the body or landlord or landlords in question did not make the application.
(4) Without prejudice to section 69(4)(b), any such scheme may with the consent of the landlord or landlords, or on such terms as to compensation or otherwise as appear to the tribunal to be just—
(a) confer on the representative body any such rights or powers under the scheme as might be conferred on the landlord or landlords for the time being, or
(b) enable the representative body to participate in the administration of the scheme or in the management by the landlord or landlords of his or their property in the area or areas.
(5) Where any such scheme confers any rights or powers on the representative body in accordance with subsection (4) above, section 70(11) and (12)(a) shall have effect with such modifications (if any) as are provided for in the scheme.
(1) An application for the approval of a scheme for an area under section 70 (including an application in accordance with section 71(1) or (3)) may be made after the expiry of the period mentioned in subsection (1) of that section if the Secretary of State has, not more than six months previously, consented to the making of such an application for that area or for an area within which that area falls.
(2) The Secretary of State may give consent under subsection (1) to the making of an application (“the proposed application”) only where he is satisfied—
(a) that either or both of the conditions mentioned in subsection (3) apply; and
(b) that adequate notice has been given to persons interested informing them of the request for consent and the purpose of the request.
(3) The conditions referred to in subsection (2)(a) are—
(a) that the proposed application could not have been made before the expiry of the period mentioned in section 70(1); and
(b) that—
(i) any application for the approval under section 70 of a scheme for the area, or part of the area, to which the proposed application relates would probably have been dismissed under section 70(10)(a) had it been made before the expiry of that period; but
(ii) because of a change in any of the circumstances required to be considered under section 70(3) the proposed application would, if made following the giving of consent by the Secretary of State, probably be granted.
(4) A request for consent under subsection (1) must be in writing and must comply with such requirements (if any) as to the form of, or the particulars to be contained in, any such request as the Secretary of State may by regulations prescribe.
(5) The procedure for considering a request for consent under subsection (1) shall be such as may be prescribed by regulations made by the Secretary of State.
(1) Where it appears to the appropriate tribunal after the expiry of the period mentioned in section 70(1) that a scheme could, on the application of any landlord or landlords within that period, have been approved under section 70 as an estate management scheme for any area or areas within a conservation area, an application for the approval of the scheme under that section may, subject to subsections (2) and (3) below, be made to the tribunal by one or more bodies constituting the relevant authority for the purposes of this section.
(2) An application under subsection (1) may only be made if—
(a) no scheme has been approved under section 70 for the whole or any part of the area or areas to which the application relates (“the scheme area”); and
(b) any application which has been made in accordance with section 70(1), 71(1) or 71(3) for the approval of a scheme for the whole or any part of the scheme area has been withdrawn or dismissed; and
(c) no request for consent under section 72(1) which relates to the whole or any part of the scheme area is pending or has been granted within the last six months.
(3) An application under subsection (1) above must be made within the period of six months beginning—
(a) with the date on which the period mentioned in section 70(1) expires, or
(b) if any application has been made as mentioned in subsection (2)(b) above, with the date (or, as the case may be, the latest date) on which any such application is withdrawn or dismissed,
whichever is the later; but if at any time during that period of six months a request of a kind mentioned in subsection (2)(c) above is pending or granted, an application under subsection (1) above may, subject to subsection (2) above, be made within the period of—
(i) six months beginning with the date on which the request is withdrawn or refused, or
(ii) twelve months beginning with the date on which the request is granted,
as the case may be.
(4) A scheme approved on an application under subsection (1) may confer on the applicant or applicants any such rights or powers under the scheme as might have been conferred on the landlord or landlords for the time being.
(5) For the purposes of this section the relevant authority for the scheme area is—
(a) where that area falls wholly within the area of a local planning authority—
(i) that authority; or
(ii) subject to subsection (6), that authority acting jointly with the Historic Buildings and Monuments Commission for England (“the Commission”); or
(iii) subject to subsection (6), the Commission; or
(b) in any other case—
(i) all of the local planning authorities within each of whose areas any part of the scheme area falls, acting jointly; or
(ii) subject to subsection (6), one or more of those authorities acting jointly with the Commission; or
(iii) subject to subsection (6), the Commission.
(6) The Commission may make, or join in the making of, an application under subsection (1) only if—
(a) the whole of the scheme area is in England; and
(b) they have consulted any local planning authority within whose area the whole or any part of the scheme area falls.
(7) Where a scheme is approved on an application under subsection (1) by two or more bodies acting jointly, the scheme shall, if the tribunal considers it appropriate, be made subject to conditions (enforceable in such manner as may be provided by the scheme) for securing that those bodies co-operate in the administration of the scheme.
(8) Where a scheme is approved on an application under subsection (1)—
(a) section 70(11) and (12)(a) shall (subject to subsection (9) below) have effect as if any reference to the landlord, or the landlord for the time being, for the area for which an estate management scheme has been approved were a reference to the applicant or applicants; and
(b) section 70(12)(b) and (c) shall each have effect with the omission of so much of that provision as relates to the adjustment of any such price as is there mentioned.
(9) A scheme so approved shall not be enforceable by a local planning authority in relation to any property falling outside the authority’s area; and in the case of a scheme approved on a joint application made by one or more local planning authorities and the Commission, the scheme may provide for any of its provisions to be enforceable in relation to property falling within the area of a local planning authority either by the authority alone, or by the Commission alone, or by the authority and the Commission acting jointly, as the scheme may provide.
(10) For the purposes of—
(a) section 9(1A) of the Leasehold Reform Act 1967 (purchase price on enfranchisement) as it applies in relation to any acquisition such as is mentioned in section 69(1)(a) above, and
(b) paragraph 3 of Schedule 6 to this Act as it applies in relation to any acquisition such as is mentioned in section 69(1)(b) above (including that paragraph as it applies by virtue of paragraph 7 or 11 of that Schedule),
it shall be assumed that any scheme approved under subsection (1) and relating to the property in question had not been so approved, and accordingly any application for such a scheme to be approved, and the possibility of such an application being made, shall be disregarded.
(11) Section 70(14) applies for the purposes of this section.
74 Effect of application for approval on claim to acquire freehold.
(1) Subject to subsections (5) and (6), this subsection applies where—
(a) an application (“the scheme application”) is made for the approval of a scheme as an estate management scheme for any area or a request (“the request for consent”) is made for consent under section 72(1) in relation to any area, and
(b) whether before or after the making of the application or request—
(i) the tenant of a house in that area gives notice of his desire to have the freehold under Part I of the Leasehold Reform Act 1967, . . .
(ii) a notice is given under section 13 above in respect of any premises in the area and
(c) in the case of an application for the approval of a scheme as an estate management scheme, the scheme would extend to the house or premises if acquired in pursuance of the notice.
(2) Where subsection (1) applies by virtue of paragraph (b)(i) of that subsection, then—
(a) no further steps need be taken towards the execution of a conveyance to give effect to section 10 of the 1967 Act beyond those which appear to the landlord to be reasonable in the circumstances; and
(b) if the notice referred to in subsection (1)(b)(i) (“the tenant’s notice”) was given before the making of the scheme application or the request for consent, that notice may be withdrawn by a further notice given by the tenant to the landlord.
(3) Where subsection (1) applies by virtue of paragraph (b)(ii) of that subsection, then—
(a) if the notice referred to in that provision (“the initial notice”) was given before the making of the scheme application or the request for consent, the notice may be withdrawn by a further notice given by the nominee purchaser to the reversioner;
(b) unless the initial notice is so withdrawn, the reversioner shall, if he has not already given the nominee purchaser a counter-notice under section 21, give him by the date referred to in subsection (1) of that section a counter-notice which complies with one of the requirements set out in subsection (2) of that section (but in relation to which subsection (3) of that section need not be complied with); and
(c) no proceedings shall be brought under Chapter I in pursuance of the initial notice otherwise than under section 22 or 23, and, if the court under either of those sections makes an order requiring the reversioner to give a further counter-notice to the nominee purchaser, the date by which it is to be given shall be such date as falls two months after subsection (1) above ceases to apply;
but no other counter-notice need be given under Chapter I, and (subject to the preceding provisions of this subsection) no further steps need be taken towards the final determination (whether by agreement or otherwise) of the terms of the proposed acquisition by the nominee purchaser beyond those which appear to the reversioner to be reasonable in the circumstances.
(4) If the tenant’s notice or the initial notice is withdrawn in accordance with subsection (2) or (3) above, section 9(4) of the 1967 Act or (as the case may be) section 33 above shall not have effect to require the payment of any costs incurred in pursuance of that notice.
(5) Where the scheme application is withdrawn or dismissed, subsection (1) does not apply at any time falling after—
(a) the date of the withdrawal of the application, or
(b) the date when the decision of the tribunal dismissing the application becomes final,
as the case may be; and subsection (1) does not apply at any time falling after the date on which a scheme is approved for the area referred to in that subsection, or for any part of it, in pursuance of the scheme application.
(6) Where the request for consent is withdrawn or refused, subsection (1) does not apply at any time falling after the date on which the request is withdrawn or refused, as the case may be; and where the request is granted, subsection (1) does not apply at any time falling more than six months after the date on which it is granted (unless that subsection applies by virtue of an application made in reliance on the consent).
(7) Where, in accordance with subsection (5) or (6), subsection (1) ceases to apply as from a particular date, it shall do so without prejudice to—
(a) the effect of anything done before that date in pursuance of subsection (2) or (3); or
(b) the operation of any provision of this Part, or of regulations made under it, in relation to anything so done.
(8) If, however, no notice of withdrawal has been given in accordance with subsection (3) before the date when subsection (1) so ceases to apply and before that date either—
(a) the reversioner has given the nominee purchaser a counter-notice under section 21 complying with the requirement set out in subsection (2)(a) of that section, or
(b) section 23(6) would (but for subsection (3) above) have applied to require the reversioner to give a further counter-notice to the nominee purchaser,
the reversioner shall give a further counter-notice to the nominee purchaser within the period of two months beginning with the date when subsection (1) ceases to apply.
(9) Subsections (3) to (5) of section 21 shall apply to any further counter-notice required to be given by the reversioner under subsection (8) above as if it were a counter-notice under that section complying with the requirement set out in subsection (2)(a) of that section; and sections 24 and 25 shall apply in relation to any such counter-notice as they apply in relation to one required by section 22(3).
(10) In this section—
“the 1967 Act” means the Leasehold Reform Act 1967; and
“the nominee purchaser” and “the reversioner” have the same meaning as in Chapter I of this Part of this Act;
and references to the approval of a scheme for any area include references to the approval of a scheme for two or more areas in accordance with section 71 or 73 above.
(1) Where a scheme under section 19 of the Leasehold Reform Act 1967 (estate management schemes in connection with enfranchisement under that Act) includes, in pursuance of subsection (6) of that section, provision for enabling the termination or variation of the scheme, or the exclusion of part of the area of the scheme, by or with the approval of the High Court, that provision shall have effect—
(a) as if any reference to the High Court were a reference to the appropriate tribunal, and
(b) with such modifications (if any) as are necessary in consequence of paragraph (a).
(2) A scheme under that section may be varied by or with the approval of the appropriate tribunal for the purpose of, or in connection with, extending the scheme to property within the area of the scheme in which the landlord’s interest may be acquired as mentioned in section 69(1)(a) above.
(3) Where any such scheme has been varied in accordance with subsection (2) above, section 19 of that Act shall apply as if the variation had been effected under provisions included in the scheme in pursuance of subsection (6) of that section (and accordingly the scheme may be further varied under provisions so included).
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) This Chapter has effect to confer on two or more qualifying tenants of dwellings held on leases from the same landlord the right, exercisable subject to and in accordance with this Chapter, to have an audit carried out on their behalf which relates to the management of the relevant premises and any appurtenant property by or on behalf of the landlord.
(2) That right shall be exercisable—
(a) where the relevant premises consist of or include two dwellings let to qualifying tenants of the same landlord, by either or both of those tenants; and
(b) where the relevant premises consist of or include three or more dwellings let to qualifying tenants of the same landlord, by not less than two-thirds of those tenants;
and in this Chapter the dwellings let to those qualifying tenants are referred to as “the constituent dwellings”.
(3) In relation to an audit on behalf of two or more qualifying tenants—
(a) “the relevant premises” means so much of—
(i) the building or buildings containing the dwellings let to those tenants, and
(ii) any other building or buildings,
as constitutes premises in relation to which management functions are discharged in respect of the costs of which common service charge contributions are payable under the leases of those qualifying tenants; and
(b) “appurtenant property” means so much of any property not contained in the relevant premises as constitutes property in relation to which any such management functions are discharged.
(4) This Chapter also has effect to confer on a single qualifying tenant of a dwelling the right, exercisable subject to and in accordance with this Chapter, to have an audit carried out on his behalf which relates to the management of the relevant premises and any appurtenant property by or on behalf of the landlord.
(5) That right shall be exercisable by a single qualifying tenant of a dwelling where the relevant premises contain no other dwelling let to a qualifying tenant apart from that let to him.
(6) In relation to an audit on behalf of a single qualifying tenant—
(a) “the relevant premises” means so much of—
(i) the building containing the dwelling let to him, and
(ii) any other building or buildings,
as constitutes premises in relation to which management functions are discharged in respect of the costs of which a service charge is payable under his lease (whether as a common service charge contribution or otherwise); and
(b) “appurtenant property” means so much of any property not contained in the relevant premises as constitutes property in relation to which any such management functions are discharged.
(7) The provisions of sections 78 to 83 shall, with any necessary modifications, have effect in relation to an audit on behalf of a single qualifying tenant as they have effect in relation to an audit on behalf of two or more qualifying tenants.
(8) For the purposes of this section common service charge contributions are payable by two or more persons under their leases if they may be required under the terms of those leases to contribute to the same costs by the payment of service charges.
(1) Subject to the following provisions of this section, a tenant is a qualifying tenant of a dwelling for the purposes of this Chapter if—
(a) he is a tenant of the dwelling under a long lease other than a business lease; and
(b) any service charge is payable under the lease.
(2) For the purposes of subsection (1) a lease is a long lease if—
(a) it is a lease falling within any of paragraphs (a) to (c) of subsection (1) of section 7; or
(b) it is a shared ownership lease (within the meaning of that section), whether granted in pursuance of Part V of the Housing Act 1985 or otherwise and whatever the share of the tenant under it.
(3) No dwelling shall have more than one qualifying tenant at any one time.
(4) Accordingly—
(a) where a dwelling is for the time being let under two or more leases falling within subsection (1), any tenant under any of those leases which is superior to that held by any other such tenant shall not be a qualifying tenant of the dwelling for the purposes of this Chapter; and
(b) where a dwelling is for the time being let to joint tenants under a lease falling within subsection (1), the joint tenants shall (subject to paragraph (a)) be regarded for the purposes of this Chapter as jointly constituting the qualifying tenant of the dwelling.
(5) A person can, however, be (or be among those constituting) the qualifying tenant of each of two or more dwellings at the same time, whether he is tenant of those dwellings under one lease or under two or more separate leases.
(6) Where two or more persons constitute the qualifying tenant of a dwelling in accordance with subsection (4)(b), any one or more of those persons may sign a notice under section 80 on behalf of both or all of them.
(1) The audit referred to in section 76(1) is an audit carried out for the purpose of ascertaining—
(a) the extent to which the obligations of the landlord which—
(i) are owed to the qualifying tenants of the constituent dwellings, and
(ii) involve the discharge of management functions in relation to the relevant premises or any appurtenant property,
are being discharged in an efficient and effective manner; and
(b) the extent to which sums payable by those tenants by way of service charges are being applied in an efficient and effective manner;
and in this Chapter any such audit is referred to as a “management audit”.
(2) In determining whether any such obligations as are mentioned in subsection (1)(a) are being discharged in an efficient and effective manner, regard shall be had to any applicable provisions of any code of practice for the time being approved by the Secretary of State under section 87.
(3) A management audit shall be carried out by a person who—
(a) is qualified for appointment by virtue of subsection (4); and
(b) is appointed—
(i) in the circumstances mentioned in section 76(2)(a), by either or both of the qualifying tenants of the constituent dwellings, or
(ii) in the circumstances mentioned in section 76(2)(b), by not less than two-thirds of the qualifying tenants of the constituent dwellings;
and in this Chapter any such person is referred to as “the auditor”.
(4) A person is qualified for appointment for the purposes of subsection (3) above if—
(a) he has the necessary qualification (within the meaning of subsection (1) of section 28 of the 1985 Act (meaning of “qualified accountant”)) or is a qualified surveyor;
(b) he is not disqualified from acting (within the meaning of that subsection); and
(c) he is not a tenant of any premises contained in the relevant premises.
(5) For the purposes of subsection (4)(a) above a person is a qualified surveyor if he is a fellow or professional associate of the Royal Institution of Chartered Surveyors or of the Incorporated Society of Valuers and Auctioneers or satisfies such other requirement or requirements as may be prescribed by regulations made by the Secretary of State.
(6) The auditor may appoint such persons to assist him in carrying out the audit as he thinks fit.
79 Rights exercisable in connection with management audits.
(1) Where the qualifying tenants of any dwellings exercise under section 80 their right to have a management audit carried out on their behalf, the rights conferred on the auditor by subsection (2) below shall be exercisable by him in connection with the audit.
(2) The rights conferred on the auditor by this subsection are—
(a) a right to require the landlord—
(i) to supply him with such a summary as is referred to in section 21(1) of the 1985 Act (request for summary of relevant costs) in connection with any service charges payable by the qualifying tenants of the constituent dwellings, and
(ii) to afford him reasonable facilities for inspecting, or taking copies of or extracts from, the accounts, receipts and other documents supporting any such summary;
(b) a right to require the landlord or any relevant person to afford him reasonable facilities for inspecting any other documents sight of which is reasonably required by him for the purpose of carrying out the audit; and
(c) a right to require the landlord or any relevant person to afford him reasonable facilities for taking copies of or extracts from any documents falling within paragraph (b).
(3) The rights conferred on the auditor by subsection (2) shall be exercisable by him—
(a) in relation to the landlord, by means of a notice under section 80; and
(b) in relation to any relevant person, by means of a notice given to that person at (so far as is reasonably practicable) the same time as a notice under section 80 is given to the landlord;
and, where a notice is given to any relevant person in accordance with paragraph (b) above, a copy of that notice shall be given to the landlord by the auditor.
(4) The auditor shall also be entitled, on giving notice in accordance with section 80, to carry out an inspection of any common parts comprised in the relevant premises or any appurtenant property.
(5) The landlord or (as the case may be) any relevant person shall—
(a) where facilities for the inspection of any documents are required under subsection (2)(a)(ii) or (b), make those facilities available free of charge;
(b) where any documents are required to be supplied under subsection (2)(a)(i) or facilities for the taking of copies or extracts are required under subsection (2)(a)(ii) or (c), be entitled to supply those documents or (as the case may be) make those facilities available on payment of such reasonable charge as he may determine.
(6) The requirement imposed on the landlord by subsection (5)(a) to make any facilities available free of charge shall not be construed as precluding the landlord from treating as part of his costs of management any costs incurred by him in connection with making those facilities so available.
(7) In this Chapter “relevant person” means a person (other than the landlord) who—
(a) is charged with responsibility—
(i) for the discharge of any such obligations as are mentioned in section 78(1)(a), or
(ii) for the application of any such service charges as are mentioned in section 78(1)(b); or
(b) has a right to enforce payment of any such service charges.
(8) In this Chapter references to the auditor in the context of—
(a) being afforded any such facilities as are mentioned in subsection (2), or
(b) the carrying out of any inspection under subsection (4),
shall be read as including a person appointed by the auditor under section 78(6).
(1) The right of any qualifying tenants to have a management audit carried out on their behalf shall be exercisable by the giving of a notice under this section.
(2) A notice given under this section—
(a) must be given to the landlord by the auditor, and
(b) must be signed by each of the tenants on whose behalf it is given.
(3) Any such notice must—
(a) state the full name of each of those tenants and the address of the dwelling of which he is a qualifying tenant;
(b) state the name and address of the auditor;
(c) specify any documents or description of documents—
(i) which the landlord is required to supply to the auditor under section 79(2)(a)(i), or
(ii) in respect of which he is required to afford the auditor facilities for inspection or for taking copies or extracts under any other provision of section 79(2); and
(d) if the auditor proposes to carry out an inspection under section 79(4), state the date on which he proposes to carry out the inspection.
(4) The date specified under subsection (3)(d) must be a date falling not less than one month nor more than two months after the date of the giving of the notice.
(5) A notice is duly given under this section to the landlord of any qualifying tenants if it is given to a person who receives on behalf of the landlord the rent payable by any such tenants; and a person to whom such a notice is so given shall forward it as soon as may be to the landlord.
81 Procedure following giving of notice under section 80.
(1) Where the landlord is given a notice under section 80, then within the period of one month beginning with the date of the giving of the notice, he shall—
(a) supply the auditor with any document specified under subsection (3)(c)(i) of that section, and afford him, in respect of any document falling within section 79(2)(a)(ii), any facilities specified in relation to it under subsection (3)(c)(ii) of section 80;
(b) in the case of every other document or description of documents specified in the notice under subsection (3)(c)(ii) of that section, either—
(i) afford the auditor facilities for inspection or (as the case may be) taking copies or extracts in respect of that document or those documents, or
(ii) give the auditor a notice stating that he objects to doing so for such reasons as are specified in the notice; and
(c) if a date is specified in the notice under subsection (3)(d) of that section, either approve the date or propose another date for the carrying out of an inspection under section 79(4).
(2) Any date proposed by the landlord under subsection (1)(c) must be a date falling not later than the end of the period of two months beginning with the date of the giving of the notice under section 80.
(3) Where a relevant person is given a notice under section 79 requiring him to afford the auditor facilities for inspection or taking copies or extracts in respect of any documents or description of documents specified in the notice, then within the period of one month beginning with the date of the giving of the notice, he shall, in the case of every such document or description of documents, either—
(a) afford the auditor the facilities required by him; or
(b) give the auditor a notice stating that he objects to doing so for such reasons as are specified in the notice.
(4) If by the end of the period of two months beginning with—
(a) the date of the giving of the notice under section 80, or
(b) the date of the giving of such a notice under section 79 as is mentioned in subsection (3) above,
the landlord or (as the case may be) a relevant person has failed to comply with any requirement of the notice, the court may, on the application of the auditor, make an order requiring the landlord or (as the case may be) the relevant person to comply with that requirement within such period as is specified in the order.
(5) The court shall not make an order under subsection (4) in respect of any document or documents unless it is satisfied that the document or documents falls or fall within paragraph (a) or (b) of section 79(2).
(6) If by the end of the period of two months specified in subsection (2) no inspection under section 79(4) has been carried out by the auditor, the court may, on the application of the auditor, make an order providing for such an inspection to be carried out on such date as is specified in the order.
(7) Any application for an order under subsection (4) or (6) must be made before the end of the period of four months beginning with—
(a) in the case of an application made in connection with a notice given under section 80, the date of the giving of that notice; or
(b) in the case of an application made in connection with such a notice under section 79 as is mentioned in subsection (3) above, the date of the giving of that notice.
82 Requirement relating to information etc. held by superior landlord.
(1) Where the landlord is required by a notice under section 80 to supply any summary falling within section 79(2)(a), and any information necessary for complying with the notice so far as relating to any such summary is in the possession of a superior landlord—
(a) the landlord shall make a written request for the relevant information to the person who is his landlord (and so on, if that person is himself not the superior landlord);
(b) the superior landlord shall comply with that request within the period of one month beginning with the date of the making of the request; and
(c) the landlord who received the notice shall then comply with it so far as relating to any such summary within the time allowed by section 81(1) or such further time, if any, as is reasonable.
(2) Where—
(a) the landlord is required by a notice under section 80 to afford the auditor facilities for inspection or taking copies or extracts in respect of any documents or description of documents specified in the notice, and
(b) any of the documents in question is in the custody or under the control of a superior landlord,
the landlord shall on receiving the notice inform the auditor as soon as may be of that fact and of the name and address of the superior landlord, and the auditor may then give the superior landlord a notice requiring him to afford the facilities in question in respect of the document.
(3) Subsections (3) to (5) and (7) of section 81 shall, with any necessary modifications, have effect in relation to a notice given to a superior landlord under subsection (2) above as they have effect in relation to any such notice given to a relevant person as is mentioned in subsection (3) of that section.
(1) Where—
(a) a notice has been given to a landlord under section 80, and
(b) at a time when any obligations arising out of the notice remain to be discharged by him—
(i) he disposes of the whole or part of his interest as landlord of the qualifying tenants of the constituent dwellings, and
(ii) the person acquiring any such interest of the landlord is in a position to discharge any of those obligations to any extent,
that person shall be responsible for discharging those obligations to that extent, as if he had been given the notice under that section.
(2) If the landlord is, despite any such disposal, still in a position to discharge those obligations to the extent referred to in subsection (1), he shall remain responsible for so discharging them; but otherwise the person referred to in that subsection shall be responsible for so discharging them to the exclusion of the landlord.
(3) Where a person is so responsible for discharging any such obligations (whether with the landlord or otherwise)—
(a) references to the landlord in section 81 shall be read as including, or as, references to that person to such extent as is appropriate to reflect his responsibility for discharging those obligations; but
(b) in connection with the discharge of any such obligations by that person, that section shall apply as if any reference to the date of the giving of the notice under section 80 were a reference to the date of the disposal referred to in subsection (1).
(4) Where—
(a) a notice has been given to a relevant person under section 79, and
(b) at a time when any obligations arising out of the notice remain to be discharged by him, he ceases to be a relevant person, but
(c) he is, despite ceasing to be a relevant person, still in a position to discharge those obligations to any extent,
he shall nevertheless remain responsible for discharging those obligations to that extent; and section 81 shall accordingly continue to apply to him as if he were still a relevant person.
(5) Where—
(a) a notice has been given to a landlord under section 80, or
(b) a notice has been given to a relevant person under section 79,
then during the period of twelve months beginning with the date of that notice, no subsequent such notice may be given to the landlord or (as the case may be) that person on behalf of any persons who, in relation to the earlier notice, were qualifying tenants of the constituent dwellings.
In this Chapter—
“the 1985 Act” means the Landlord and Tenant Act 1985;
“appurtenant property” shall be construed in accordance with section 76(3) or (6);
“the auditor”, in relation to a management audit, means such a person as is mentioned in section 78(3);
“the constituent dwellings” means the dwellings referred to in section 76(2)(a) or (b) (as the case may be);
“landlord” means immediate landlord;
“management audit” means such an audit as is mentioned in section 78(1);
“management functions” includes functions with respect to the provision of services or the repair, maintenance , improvement or insurance of property;
“relevant person” has the meaning given by section 79(7);
“the relevant premises” shall be construed in accordance with section 76(3) or (6);
“service charge” has the meaning given by section 18(1) of the 1985 Act.
85 Amendment of Part III of Landlord and Tenant Act 1987.
(1) Part III of the Landlord and Tenant Act 1987 (compulsory acquisition by tenants of their landlord’s interest) shall be amended as follows.
(2) In section 25 (compulsory acquisition of landlord’s interest by qualifying tenants)—
(a) for subsection (2)(c) there shall be substituted—
(c) the total number of flats held by such tenants is not less than two-thirds of the total number of flats contained in the premises.
; and
(b) subsection (3) shall be omitted.
(3) In section 27(4) (meaning of requisite majority in relation to qualifying tenants), for “more than 50 per cent.” there shall be substituted “ not less than two-thirds ”.
(4) In section 29(2) (conditions for making acquisition orders), the words from “and (c)” onwards shall be omitted.
86 Variation of leases under Part IV of Landlord and Tenant Act 1987.
In section 35(4) of the Landlord and Tenant Act 1987 (variation of lease on grounds that it fails to make satisfactory provision with respect to the computation of a service charge), in paragraph (c), for “exceed” there shall be substituted “ either exceed or be less than ”.
87 Approval by Secretary of State of codes of management practice.
(1) The Secretary of State may, if he considers it appropriate to do so, by order—
(a) approve any code of practice—
(i) which appears to him to be designed to promote desirable practices in relation to any matter or matters directly or indirectly concerned with the management of residential property by relevant persons; and
(ii) which has been submitted to him for his approval;
(b) approve any modifications of any such code which have been so submitted; or
(c) withdraw his approval for any such code or modifications.
(2) The Secretary of State shall not approve any such code or any modifications of any such code unless he is satisfied that arrangements have been made for the text of the code or the modifications to be published in such manner as he considers appropriate for bringing the provisions of the code or the modifications to the notice of those likely to be affected by them (which, in the case of modifications of a code, may include publication of a text of the code incorporating the modifications).
(3) The power of the Secretary of State under this section to approve a code of practice which has been submitted to him for his approval includes power to approve a part of any such code; and references in this section to a code of practice may accordingly be read as including a reference to a part of a code of practice.
(4) At any one time there may be two or more codes of practice for the time being approved under this section.
(5) A code of practice approved under this section may make different provision with respect to different cases or descriptions of cases, including different provision for different areas.
(6) Without prejudice to the generality of subsections (1) and (5)—
(a) a code of practice approved under this section may, in relation to any such matter as is referred to in subsection (1), make provision in respect of relevant persons who are under an obligation to discharge any function in connection with that matter as well as in respect of relevant persons who are not under such an obligation; and
(b) any such code may make provision with respect to—
(i) the resolution of disputes with respect to residential property between relevant persons and the tenants of such property;
(ii) competitive tendering for works in connection with such property; and
(iii) the administration of trusts in respect of amounts paid by tenants by way of service charges.
(7) A failure on the part of any person to comply with any provision of a code of practice for the time being approved under this section shall not of itself render him liable to any proceedings; but in any proceedings before a court or tribunal—
(a) any code of practice approved under this section shall be admissible in evidence; and
(b) any provision of any such code which appears to the court or tribunal to be relevant to any question arising in the proceedings shall be taken into account in determining that question.
(8) For the purposes of this section—
(a) “relevant person” means any landlord of residential property or any person who discharges management functions in respect of such property, and for this purpose “management functions” includes functions with respect to the provision of services or the repair, maintenance , improvement or insurance of such property;
(b) “residential property” means any building or part of a building which consists of one or more dwellings let on leases, but references to residential property include—
(i) any garage, outhouse, garden, yard and appurtenances belonging to or usually enjoyed with such dwellings,
(ii) any common parts of any such building or part, and
(iii) any common facilities which are not within any such building or part; and
(c) “service charge” means an amount payable by a tenant of a dwelling as part of or in addition to the rent—
(i) which is payable, directly or indirectly, for services, repairs, maintenance , improvements or insurance or any relevant person’s costs of management, and
(ii) the whole or part of which varies or may vary according to the costs or estimated costs incurred or to be incurred by any relevant person in connection with the matters mentioned in sub-paragraph (i).
(9) This section applies in relation to dwellings let on licences to occupy as it applies in relation to dwellings let on leases, and references in this section to landlords and tenants of residential property accordingly include references to licensors and licensees of such property.
88 Jurisdiction of ... tribunals in relation to enfranchisement etc. of Crown land.
(1) This section applies where any tenant under a lease from the Crown is proceeding with a view to acquiring the freehold or an extended lease of a house and premises in circumstances in which, but for the existence of any Crown interest in the land subject to the lease, he would be entitled to acquire the freehold or such an extended lease under Part I of the Leasehold Reform Act 1967.
(2) Where—
(a) this section applies in accordance with subsection (1), and
(b) any question arises in connection with the acquisition of the freehold or an extended lease of the house and premises which is such that, if the tenant were proceeding as mentioned in that subsection in pursuance of a claim made under Part I of that Act, the appropriate tribunal ... would have jurisdiction to determine it in proceedings under that Part, and
(c) it is agreed between—
(i) the appropriate authority and the tenant, and
(ii) all other persons (if any) whose interests would fall to be represented in proceedings brought under that Part for the determination of that question by such a tribunal,
that that question should be determined by such a tribunal,
the appropriate tribunal shall have jurisdiction to determine that question.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) For the purposes of this section “lease from the Crown” means a lease of land in which there is, or has during the subsistence of the lease been, a Crown interest superior to the lease; and “Crown interest” and “the appropriate authority” in relation to a Crown interest mean respectively—
(a) an interest comprised in the Crown Estate, and the Crown Estate Commissioners;
(b) an interest belonging to Her Majesty in right of the Duchy of Lancaster, and the Chancellor of the Duchy;
(c) an interest belonging to the Duchy of Cornwall, and such person as the Duke of Cornwall or the possessor for the time being of the Duchy appoints;
(d) any other interest belonging to a government department or held on behalf of Her Majesty for the purposes of a government department, and the Minister in charge of that department.
(6A) For the purposes of subsection (2), “appropriate tribunal” means—
(a) in relation to a house and premises in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and
(b) in relation to a house and premises in Wales, a leasehold valuation tribunal.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
89 Avoidance of provisions preventing occupation of leasehold property by persons with mental disorders.
(1) Any agreement relating to a lease of any property which comprises or includes a dwelling (whether contained in the instrument creating the lease or not and whether made before the creation of the lease or not) shall be void in so far as it would otherwise have the effect of prohibiting or imposing any restriction on—
(a) the occupation of the dwelling, or of any part of the dwelling, by persons with mental disorders (within the meaning of the Mental Health Act 1983), or
(b) the provision of accommodation within the dwelling for such persons.
(2) Subsection (1) applies to any agreement made after the coming into force of this section.
(1) Any jurisdiction expressed to be conferred on the court by this Part shall be exercised by the county court.
(2) There shall also be brought in the county court any proceedings for determining any question arising under or by virtue of any provision of Chapter I or II or this Chapter which is not a question falling within its jurisdiction by virtue of subsection (1) or one falling within the jurisdiction of the appropriate tribunal (within the meaning of section 91) by virtue of that section.
(3) Where, however, there are brought in the High Court any proceedings which, apart from this subsection, are proceedings within the jurisdiction of the High Court, the High Court shall have jurisdiction to hear and determine any proceedings joined with those proceedings which are proceedings within the jurisdiction of the county court by virtue of subsection (1) or (2).
(4) Where any proceedings are brought in the county court by virtue of subsection (1) or (2), the court shall have jurisdiction to hear and determine any other proceedings joined with those proceedings, despite the fact that, apart from this subsection, those other proceedings would be outside the court’s jurisdiction.
(1) ... any question arising in relation to any of the matters specified in subsection (2) shall, in default of agreement, be determined by the appropriate tribunal.
(2) Those matters are—
(a) the terms of acquisition relating to—
(i) any interest which is to be acquired by a nominee purchaser in pursuance of Chapter I, or
(ii) any new lease which is to be granted to a tenant in pursuance of Chapter II,
including in particular any matter which needs to be determined for the purposes of any provision of Schedule 6 or 13;
(b) the terms of any lease which is to be granted in accordance with section 36 and Schedule 9;
(c) the amount of any payment falling to be made by virtue of section 18(2);
(ca) the amount of any compensation payable under section 37A;
(cb) the amount of any compensation payable under section 61A;
(d) the amount of any costs payable by any person or persons by virtue of any provision of Chapter I or II and, in the case of costs to which section 33(1) or 60(1) applies, the liability of any person or persons by virtue of any such provision to pay any such costs; and
(e) the apportionment between two or more persons of any amount (whether of costs or otherwise) payable by virtue of any such provision.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) The appropriate tribunal may, when determining the property in which any interest is to be acquired in pursuance of a notice under section 13 or 42, specify in its determination property which is less extensive than that specified in that notice.
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) In this section—
“the nominee purchaser” and “the participating tenants” have the same meaning as in Chapter I;
“the terms of acquisition” shall be construed in accordance with section 24(8) or section 48(7), as appropriate;
...
(12) For the purposes of this section, “appropriate tribunal” means—
(a) in relation to property in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and
(b) in relation to property in Wales, a leasehold valuation tribunal.
92 Enforcement of obligations under Chapters I and II.
(1) The court may, on the application of any person interested, make an order requiring any person who has failed to comply with any requirement imposed on him under or by virtue of any provision of Chapter I or II to make good the default within such time as is specified in the order.
(2) An application shall not be made under subsection (1) unless—
(a) a notice has been previously given to the person in question requiring him to make good the default, and
(b) more than 14 days have elapsed since the date of the giving of that notice without his having done so.
93 Agreements excluding or modifying rights of tenant under Chapter I or II.
(1) Except as provided by this section, any agreement relating to a lease (whether contained in the instrument creating the lease or not and whether made before the creation of the lease or not) shall be void in so far as it—
(a) purports to exclude or modify—
(i) any entitlement to participate in the making of a claim to exercise the right to collective enfranchisement under Chapter I,
(ii) any right to acquire a new lease under Chapter II, or
(iii) any right to compensation under section 61; or
(b) provides for the termination or surrender of the lease in the event of the tenant becoming a participating tenant for the purposes of Chapter I or giving a notice under section 42; or
(c) provides for the imposition of any penalty or disability on the tenant in that event.
(2) Subsection (1) shall not be taken to preclude a tenant from surrendering his lease, and shall not—
(a) invalidate any agreement for the acquisition on behalf of a tenant of an interest superior to his lease, or for the acquisition by a tenant of a new lease, on terms different from those provided by Chapters I and II; or
(b) where a tenant has become a participating tenant for the purposes of Chapter I or has given a notice under section 42, invalidate—
(i) any agreement that the notice given under section 13 or (as the case may be) section 42 shall cease to have effect, or
(ii) any provision of such an agreement excluding or restricting for a period not exceeding three years any such entitlement or right as is mentioned in subsection (1)(a)(i) or (ii); or
(c) where a tenant’s right to compensation under section 61 has accrued, invalidate any agreement as to the amount of the compensation.
(3) Where—
(a) a tenant having the right to acquire a new lease under Chapter II—
(i) has entered into an agreement for the surrender of his lease without the prior approval of the court, or
(ii) has entered into an agreement for the grant of a new lease without any of the terms of acquisition (within the meaning of that Chapter) having been determined by the appropriate tribunal (within the meaning of that Chapter) under that Chapter, or
(b) a tenant has been granted a new lease under Chapter II or by virtue of subsection (4) below and, on his landlord claiming possession for the purposes of redevelopment, enters into an agreement without the prior approval of the court for the surrender of the lease,
then on the application of the tenant the county court, or any court in which proceedings are brought on the agreement, may, if in its opinion the tenant is not adequately recompensed under the agreement for his rights under Chapter II, set aside or vary the agreement and give such other relief as appears to it to be just having regard to the situation and conduct of the parties.
(4) Where a tenant has the right to acquire a new lease under Chapter II, there may with the approval of the court be granted to him in satisfaction of that right a new lease on such terms as may be approved by the court, which may include terms excluding or modifying—
(a) any entitlement to participate in the making of a claim to exercise the right to collective enfranchisement under Chapter I, or
(b) any right to acquire a further lease under Chapter II.
(5) Subject to the provisions specified in subsection (6) and to subsection (7), a lease may be granted by virtue of subsection (4), and shall if so granted be binding on persons entitled to any interest in or charge on the landlord’s estate—
(a) despite the fact that, apart from this subsection, it would not be authorised against any such persons, and
(b) despite any statutory or other restrictions on the landlord’s powers of leasing.
(6) The provisions referred to in subsection (5) are—
(a) sections 117 to 121 of the Charities Act 2011 (restrictions on disposition of charity land); and
(b) paragraph 8(2)(c) of Schedule 2 to this Act.
(7) Where the existing lease of the tenant is granted after the commencement of Chapter II and, the grant being subsequent to the creation of a charge on the landlord’s estate, the existing lease is not binding on the persons interested in the charge, a lease granted by virtue of subsection (4) shall not be binding on those persons.
(8) Where a lease is granted by virtue of subsection (4), then except in so far as provision is made to the contrary by the terms of the lease, the following provisions shall apply in relation to the lease as they apply in relation to a lease granted under section 56, namely—
(a) section 58(3), (5) and (6);
(b) section 59(2) to (5); and
(c) section 61 and Schedule 14;
and subsections (5) to (7) of section 56 shall apply in relation to the lease as they apply in relation to a lease granted under that section.
93A Powers of trustees in relation to rights under Chapters I and II.
(1) Where trustees are a qualifying tenant of a flat for the purposes of Chapter I or II, their powers under the instrument regulating the trusts shall include power to participate in the exercise of the right to collective enfranchisement under Chapter I or, as the case may be, to exercise the right to a new lease under Chapter II.
(2) Subsection (1) shall not apply where the instrument regulating the trusts—
(a) is made on or after the day on which section 113 of the Housing Act 1996 comes into force, and
(b) contains an explicit direction to the contrary.
(3) The powers conferred by subsection (1) shall be exercisable with the like consent or on the like direction (if any) as may be required for the exercise of the trustees’ powers (or ordinary powers) of investment.
(4) The following purposes, namely—
(a) those authorised for the application of capital money by section 73 of the Settled Land Act 1925 . . ., and
(b) those authorised by section 71 of the Settled Land Act 1925 . . . as purposes for which moneys may be raised by mortgage,
shall include the payment of any expenses incurred by a tenant for life or statutory owners . . ., as the case may be, in or in connection with participation in the exercise of the right to collective enfranchisement under Chapter I or in or in connection with the exercise of the right to a new lease under Chapter II.
(1) Subject to subsection (2), Chapters I and II shall apply to a lease from the Crown if (and only if) there has ceased to be a Crown interest in the land subject to it.
(2) Chapter 2 applies as against a landlord under a lease from the Crown if—
(a) a sub-tenant is seeking a new lease under that Chapter and the landlord, or a superior landlord under a lease from the Crown, is entitled to grant such a new lease without the concurrence of the appropriate authority, or
(b) the appropriate authority notifies the landlord that, as regards any Crown interest affected, it will grant or concur in granting such a new lease.
(3) The restriction imposed by section 3(2) of the Crown Estate Act 1961 (general provisions as to management) on the term for which a lease may be granted by the Crown Estate Commissioners shall not apply where—
(a) the lease is granted by way of renewal of a long lease . . . , and
(b) it appears to the Crown Estate Commissioners that, but for the existence of any Crown interest, there would be a right to acquire a new lease under Chapter II of this Part of this Act.
(4) Where, in the case of land belonging—
(a) to Her Majesty in right of the Duchy of Lancaster, or
(b) to the Duchy of Cornwall,
it appears to the appropriate authority that a tenant under a long lease . . . would, but for the existence of any Crown interest, be entitled to acquire a new lease under Chapter II, then a lease corresponding to that to which the tenant would be so entitled may be granted to take effect wholly or partly out of the Crown interest by the same person and with the same formalities as in the case of any other lease of such land.
(5) In the case of land belonging to the Duchy of Cornwall, the purposes authorised by section 8 of the Duchy of Cornwall Management Act 1863 for the advancement of parts of such gross sums as are there mentioned shall include the payment to tenants under leases from the Crown of sums corresponding to those which, but for the existence of any Crown interest, would be payable by way of compensation under section 61 above.
(6) The appropriate authority in relation to any area occupied under leases from the Crown may make an application for the approval under section 70 of a scheme for that area which is designed to secure that, in the event of tenants under those leases acquiring freehold interests in such circumstances as are mentioned in subsection (7) below, the authority will—
(a) retain powers of management in respect of the premises in which any such freehold interests are acquired, and
(b) have rights against any such premises in respect of the benefits arising from the exercise elsewhere of the authority’s powers of management.
(7) The circumstances mentioned in subsection (6) are circumstances in which, but for the existence of any Crown interest, the tenants acquiring any such freehold interests would be entitled to acquire them as mentioned in section 69(1)(a) or (b).
(8) Subject to any necessary modifications—
(a) subsections (2) to (7) of section 69 shall apply in relation to any such scheme as is mentioned in subsection (6) above as they apply in relation to an estate management scheme; and
(b) section 70 shall apply in relation to the approval of such a scheme as it applies in relation to the approval of a scheme as an estate management scheme.
(9) Subsection (10) applies where—
(a) any tenants under leases from the Crown are proceeding with a view to acquiring the freehold of any premises in circumstances in which, but for the existence of any Crown interest, they would be entitled to acquire the freehold under Chapter I, or
(b) any tenant under a lease from the Crown is proceeding with a view to acquiring a new lease of his flat in circumstances in which, but for the existence of any Crown interest, he would be entitled to acquire such a lease under Chapter II.
(10) Where—
(a) this subsection applies in accordance with subsection (9), and
(b) any question arises in connection with the acquisition of the freehold of those premises or any such new lease which is such that, if the tenants or tenant were proceeding as mentioned in that subsection in pursuance of a claim made under Chapter I or (as the case may be) Chapter II, the appropriate tribunal (within the meaning of the relevant Chapter) would have jurisdiction to determine it in proceedings under that Chapter, and
(c) it is agreed between—
(i) the appropriate authority and the tenants or tenant, and
(ii) all other persons (if any) whose interests would fall to be represented in proceedings brought under that Chapter for the determination of that question by the appropriate tribunal (within the meaning of the relevant Chapter),
that that question should be determined by such a tribunal,
a leasehold valuation tribunal shall have jurisdiction to determine that question ...
(11) For the purposes of this section “lease from the Crown” means a lease of land in which there is, or has during the subsistence of the lease been, a Crown interest superior to the lease; and “Crown interest” and “the appropriate authority” in relation to a Crown interest mean respectively—
(a) an interest comprised in the Crown Estate, and the Crown Estate Commissioners;
(b) an interest belonging to Her Majesty in right of the Duchy of Lancaster, and the Chancellor of the Duchy;
(c) an interest belonging to the Duchy of Cornwall, and such person as the Duke of Cornwall or the possessor for the time being of the Duchy appoints;
(d) any other interest belonging to a government department or held on behalf of Her Majesty for the purposes of a government department, and the Minister in charge of that department.
(12) For the purposes of this section “long lease . . . ” shall be construed in accordance with sections 7 . . . .
Chapters I and II shall not prejudice the operation of section 21 of the National Trust Act 1907, and accordingly there shall be no right under Chapter I or II to acquire any interest in or new lease of any property if an interest in the property is under that section vested inalienably in the National Trust for Places of Historic Interest or Natural Beauty.
There shall be no right under Chapter I or II to acquire any interest in or lease of any property which for the purposes of the Care of Cathedrals Measure 1990 is within the precinct of a cathedral church.
97 Registration of notices, applications and orders under Chapters I and II.
(1) No lease shall be registrable under the Land Charges Act 1972 or be taken to be an estate contract within the meaning of that Act by reason of any rights or obligations of the tenant or landlord which may arise under Chapter I or II, and any right of a tenant arising from a notice given under section 13 or 42 shall not be capable of falling within paragraph 2 of Schedule 1 or 3 to the Land Registration Act 2002; but a notice given under section 13 or 42 shall be registrable under the Land Charges Act 1972, or may be the subject of a notice under the Land Registration Act 2002, as if it were an estate contract.
(2) The Land Charges Act 1972 and the Land Registration Act 2002 —
(a) shall apply in relation to an order made under section 26(1) or 50(1) as they apply in relation to an order affecting land which is made by the court for the purpose of enforcing a judgment or recognisance; and
(b) shall apply in relation to an application for such an order as they apply in relation to other pending land actions.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
98 Power to prescribe procedure under Chapters I and II.
(1) Where a claim to exercise the right to collective enfranchisement under Chapter I is made by the giving of a notice under section 13, or a claim to exercise the right to acquire a new lease under Chapter II is made by the giving of a notice under section 42, then except as otherwise provided by Chapter I or (as the case may be) Chapter II—
(a) the procedure for giving effect to the notice, and
(b) the rights and obligations of all parties in relation to the investigation of title and other matters arising in giving effect to the notice,
shall be such as may be prescribed by regulations made by the Secretary of State and, subject to or in the absence of provision made by any such regulations, shall be as nearly as may be the same as in the case of a contract of sale or leasing freely negotiated between the parties.
(2) Regulations under this section may, in particular, make provision—
(a) for a person to be discharged from performing any obligations arising out of a notice under section 13 or 42 by reason of the default or delay of some other person;
(b) for the payment of a deposit—
(i) by a nominee purchaser (within the meaning of Chapter I) on exchange of contracts, or
(ii) by a tenant who has given a notice under section 42; and
(c) with respect to the following matters, namely—
(i) the person with whom any such deposit is to be lodged and the capacity in which any such person is to hold it, and
(ii) the circumstances in which the whole or part of any such deposit is to be returned or forfeited.
(1) Any notice required or authorised to be given under this Part—
(a) shall be in writing; and
(b) may be sent by post.
(2) Where in accordance with Chapter I or II an address in England and Wales is specified as an address at which notices may be given to any person or persons under that Chapter—
(a) any notice required or authorised to be given to that person or those persons under that Chapter may (without prejudice to the operation of subsection (3)) be given to him or them at the address so specified; but
(b) if a new address in England and Wales is so specified in substitution for that address by the giving of a notice to that effect, any notice so required or authorised to be given may be given to him or them at that new address instead.
(3) Where a tenant is required or authorised to give any notice under Chapter I or II to a person who—
(a) is the tenant’s immediate landlord, and
(b) is such a landlord in respect of premises to which Part VI of the Landlord and Tenant Act 1987 (information to be furnished to tenants) applies,
the tenant may, unless he has been subsequently notified by the landlord of a different address in England and Wales for the purposes of this section, give the notice to the landlord—
(i) at the address last furnished to the tenant as the landlord’s address for service in accordance with section 48 of that Act (notification of address for service of notices on landlord); or
(ii) if no such address has been furnished, at the address last furnished to the tenant as the landlord’s address in accordance with section 47 of that Act (landlord’s name and address to be contained in demands for rent).
(4) Subsections (2) and (3) apply to notices in proceedings under Chapter I or II as they apply to notices required or authorised to be given under that Chapter.
(5) Any notice which is given under Chapter I or II by any tenants or tenant must be signed by or on behalf of each of the tenants, or (as the case may be) by or on behalf of the tenant, by whom it is given.
(6) The Secretary of State may by regulations prescribe—
(a) the form of any notice required or authorised to be given under this Part; and
(b) the particulars which any such notice must contain (whether in addition to, or in substitution for, any particulars required by virtue of any provision of this Part).
(1) Any power of the Secretary of State or the Welsh Ministers to make orders or regulations under this Part—
(a) may be so exercised as to make different provision for different cases or descriptions of cases, including different provision for different areas; and
(b) includes power to make such procedural, incidental, supplementary and transitional provision as may appear to the Secretary of State necessary or expedient.
(2) Any power of the Secretary of State to make orders or regulations under this Part shall be exercisable by statutory instrument which (except in the case of regulations making only such provision as is mentioned in section 99(6)) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3) Any power of the Welsh Ministers to make regulations under this Part shall be exercisable by statutory instrument which (except in the case of regulations making only such provision as is mentioned in section 99(6)) shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(1) In this Part—
“business lease” means a tenancy to which Part II of the Landlord and Tenant Act 1954 applies;
“common parts”, in relation to any building or part of a building, includes the structure and exterior of that building or part and any common facilities within it;
“the court” (unless the context otherwise requires) means, by virtue of section 90(1), the county court;
“disposal” means a disposal whether by the creation or the transfer of an interest, and includes the surrender of a lease and the grant of an option or right of pre-emption, and “acquisition” shall be construed accordingly (as shall expressions related to either of these expressions);
“dwelling” means any building or part of a building occupied or intended to be occupied as a separate dwelling;
“flat” means a separate set of premises (whether or not on the same floor)—
which forms part of a building, and
which is constructed or adapted for use for the purposes of a dwelling, and
either the whole or a material part of which lies above or below some other part of the building;
“interest” includes estate;
“lease” and “tenancy”, and related expressions, shall be construed in accordance with subsection (2);
...
“the term date”, in relation to a lease granted for a term of years certain, means (subject to subsection (6)) the date of expiry of that term, and, in relation to a tenancy to which any of the provisions of section 102 applies, shall be construed in accordance with those provisions.
(2) In this Part “lease” and “tenancy” have the same meaning, and both expressions include (where the context so permits)—
(a) a sub-lease or sub-tenancy, and
(b) an agreement for a lease or tenancy (or for a sub-lease or sub-tenancy),
but do not include a tenancy at will or at sufferance; and the expressions “landlord” and “tenant”, and references to letting, to the grant of a lease or to covenants or the terms of a lease, shall be construed accordingly.
(3) In this Part any reference (however expressed) to the lease held by a qualifying tenant of a flat is a reference to a lease held by him under which the demised premises consist of or include the flat (whether with or without one or more other flats).
(4) Where two or more persons jointly constitute either the landlord or the tenant or qualifying tenant in relation to a lease of a flat, any reference in this Part to the landlord or to the tenant or qualifying tenant is (unless the context otherwise requires) a reference to both or all of the persons who jointly constitute the landlord or the tenant or qualifying tenant, as the case may require.
(5) Any reference in this Part to the date of the commencement of a lease is a reference to the date of the commencement of the term of the lease.
(6) In the case of a lease which derives (in accordance with section 7(6)) from more than one separate leases, references in this Part to the date of the commencement of the lease or to the term date shall, if the terms of the separate leases commenced at different dates or those leases have different term dates, have effect as references to the date of the commencement, or (as the case may be) to the term date, of the lease comprising the flat in question (or the earliest date of commencement or earliest term date of the leases comprising it).
(7) For the purposes of this Part property is let with other property if the properties are let either under the same lease or under leases which, in accordance with section 7(6), are treated as a single lease.
(8) For the purposes of this Part any lease which is reversionary on another lease shall be treated as if it were a concurrent lease intermediate between that other lease and any interest superior to that other lease.
(9) For the purposes of this Part an order of a court or a decision of a leasehold valuation tribunal the First-tier Tribunal or Upper Tribunal is to be treated as becoming final—
(a) if not appealed against, on the expiry of the time for bringing an appeal; or
(b) if appealed against and not set aside in consequence of the appeal, at the time when the appeal and any further appeal is disposed of—
(i) by the determination of it and the expiry of the time for bringing a further appeal (if any), or
(ii) by its being abandoned or otherwise ceasing to have effect.
102 Term date and other matters relating to periodical tenancies.
(1) Where either of the following provisions (which relate to continuation tenancies) applies to a tenancy, namely—
(a) section 19(2) of the Landlord and Tenant Act 1954 (“the 1954 Act”), or
(b) paragraph 16(2) of Schedule 10 to the Local Government and Housing Act 1989 (“the 1989 Act”),
the tenancy shall be treated for the relevant purposes of this Part as granted to expire—
(i) on the date which is the term date for the purposes of the 1954 Act (namely, the first date after the commencement of the 1954 Act on which, apart from the 1954 Act, the tenancy could have been brought to an end by a notice to quit given by the landlord under the tenancy), or
(ii) on the date which is the term date for the purposes of Schedule 10 to the 1989 Act (namely, the first date after the commencement of Schedule 10 to the 1989 Act on which, apart from that Schedule, the tenancy could have been brought to an end by such a notice to quit),
as the case may be.
(2) Subject to subsection (1), where under section 7(3) a tenancy created or arising as a tenancy from year to year or other periodical tenancy is to be treated as a long lease, then for the relevant purposes of this Part, the term date of that tenancy shall be taken to be the date (if any) on which the tenancy is to terminate by virtue of a notice to quit given by the landlord under the tenancy before the relevant date for those purposes, or else the earliest date on which it could as at that date (in accordance with its terms and apart from any enactment) be brought to an end by such a notice to quit.
(3) Subject to subsection (1), in the case of a tenancy granted to continue as a periodical tenancy after the expiry of a term of years certain, or to continue as a periodical tenancy if not terminated at the expiry of such a term, any question whether the tenancy is at any time to be treated for the relevant purposes of this Part as a long lease, and (if so) with what term date, shall be determined as it would be if there had been two tenancies, as follows—
(a) one granted to expire at the earliest time (at or after the expiry of that term of years certain) at which the tenancy could (in accordance with its terms and apart from any enactment) be brought to an end by a notice to quit given by the landlord under the tenancy; and
(b) the other granted to commence at the expiry of the first (and not being one to which subsection (1) applies).
(4) In this section “the relevant purposes of this Part” means the purposes of Chapter I or, to the extent that section 7 has effect for the purposes of Chapter II in accordance with section 39(3), the purposes of that Chapter.
104 Landlord’s notice of purchase price and other matters.
For subsection (5) of section 125 (landlord’s notice of purchase price and other matters) of the Housing Act 1985 (in this Chapter referred to as “the 1985 Act”) there shall be substituted the following subsection—
(5) The notice shall also inform the tenant of—
(a) the effect of sections 125D and 125E(1) and (4) (tenant’s notice of intention, landlord’s notice in default and effect of failure to comply),
(b) his right under section 128 to have the value of the dwelling-house at the relevant time determined or re-determined by the district valuer,
(c) the effect of section 136(2) (change of tenant after service of notice under section 125),
(d) the effect of sections 140 and 141(1), (2) and (4) (landlord’s notices to complete and effect of failure to comply),
(e) the effect of the provisions of this Part relating to the right to acquire on rent to mortgage terms, and
(f) the relevant amount and multipliers for the time being declared by the Secretary of State for the purposes of section 143B.
(1) After section 125C of the 1985 Act there shall be inserted the following sections—
Tenant’s notice of intention.
125D (1) Where a notice under section 125 has been served on a secure tenant, he shall within the period specified in subsection (2) either—
(a) serve a written notice on the landlord stating either that he intends to pursue his claim to exercise the right to buy or that he withdraws that claim, or
(b) serve a notice under section 144 claiming to exercise the right to acquire on rent to mortgage terms.
(2) The period for serving a notice under subsection (1) is the period of twelve weeks beginning with whichever of the following is the later—
(a) the service of the notice under section 125, and
(b) where the tenant exercises his right to have the value of the dwelling-house determined or re-determined by the district valuer, the service of the notice under section 128(5) stating the effect of the determination or re-determination.
Landlord’s notice in default.
125E (1) The landlord may, at any time after the end of the period specified in section 125D(2) or, as the case may require, section 136(2), serve on the tenant a written notice—
(a) requiring him, if he has failed to serve the notice required by section 125D(1), to serve that notice within 28 days, and
(b) informing him of the effect of this subsection and subsection (4).
(2) At any time before the end of the period mentioned in subsection (1)(a) (or that period as previously extended) the landlord may by written notice served on the tenant extend it (or further extend it).
(3) If at any time before the end of that period (or that period as extended under subsection (2)) the circumstances are such that it would not be reasonable to expect the tenant to comply with a notice under this section, that period (or that period as so extended) shall by virtue of this subsection be extended (or further extended) until 28 days after the time when those circumstances no longer obtain.
(4) If the tenant does not comply with a notice under this section, the notice claiming to exercise the right to buy shall be deemed to be withdrawn at the end of that period (or, as the case may require, that period as extended under subsection (2) or (3)).
(2) For subsections (2) to (5) of section 136 of the 1985 Act (change of tenant after notice claiming to exercise the right to buy) there shall be substituted the following subsection—
(2) If a notice under section 125 (landlord’s notice of purchase price and other matters) has been served on the former tenant, then, whether or not the former tenant has served a notice under subsection (1) of section 125D (tenant’s notice of intention), the new tenant shall serve a notice under that subsection within the period of twelve weeks beginning with whichever of the following is the later—
(a) his becoming the secure tenant, and
(b) where the right to have the value of the dwelling-house determined or re-determined by the district valuer is or has been exercised by him or the former tenant, the service of the notice under section 128(5) stating the effect of the determination or re-determination.
(1) In paragraph 10(1) (groups of dwelling-houses for persons of pensionable age) of Schedule 5 to the 1985 Act (exceptions to the right to buy)—
(a) for the words “persons of pensionable age”, in the first place where they occur, there shall be substituted the words “ elderly persons ”; and
(b) for those words, in the second place where they occur, there shall be substituted the words “ persons aged 60 or more ”.
(2) For paragraph 11 (individual dwelling-houses for persons of pensionable age) of that Schedule there shall be substituted the following paragraph—
11 (1) The right to buy does not arise if the dwelling-house—
(a) is particularly suitable, having regard to its location, size, design, heating system and other features, for occupation by elderly persons, and
(b) was let to the tenant or a predecessor in title of his for occupation by a person who was aged 60 or more (whether the tenant or predecessor or another person).
(2) In determining whether a dwelling is particularly suitable, no regard shall be had to the presence of any feature provided by the tenant or a predecessor in title of his.
(3) Notwithstanding anything in section 181 (jurisdiction of county court), any question arising under this paragraph shall be determined as follows.
(4) If an application for the purpose is made by the tenant to the Secretary of State before the end of the period of 56 days beginning with the service of the landlord’s notice under section 124, the question shall be determined by the Secretary of State.
(5) If no such application is so made, the question shall be deemed to have been determined in favour of the landlord.
(6) This paragraph does not apply unless the dwelling-house concerned was first let before 1st January 1990.
(3) Subsections (1) and (2) do not apply in any case where the tenant’s notice claiming to exercise the right to buy was served before the day on which this section comes into force.
(4) For the purposes of subsection (3), no account shall be taken of any steps taken under section 177 of the 1985 Act (amendment or withdrawal and re-service of notice to correct mistakes).
107 Abolition of right to a mortgage, right to defer completion and right to be granted a shared ownership lease.
The following rights ancillary to the right to buy are hereby abolished, namely—
(a) the right to a mortgage conferred by sections 132 to 135 of the 1985 Act;
(b) the right to defer completion conferred by section 142 of that Act; and
(c) the right to be granted a shared ownership lease conferred by sections 143 to 151 of that Act.
For section 143 of the 1985 Act there shall be substituted the following sections—
Right to acquire on rent to mortgage terms
Right to acquire on rent to mortgage terms.
143 (1) Subject to subsection (2) and sections 143A and 143B, where—
(a) a secure tenant has claimed to exercise the right to buy, and
(b) his right to buy has been established and his notice claiming to exercise it remains in force,
he also has the right to acquire on rent to mortgage terms in accordance with the following provisions of this Part.
(2) The right to acquire on rent to mortgage terms cannot be exercised if the exercise of the right to buy is precluded by section 121 (circumstances in which right to buy cannot be exercised).
(3) Where the right to buy belongs to two or more persons jointly, the right to acquire on rent to mortgage terms also belongs to them jointly.
Right excluded by entitlement to housing benefit.
143A (1) The right to acquire on rent to mortgage terms cannot be exercised if—
(a) it has been determined that the tenant is or was entitled to housing benefit in respect of any part of the relevant period, or
(b) a claim for housing benefit in respect of any part of that period has been made (or is treated as having been made) by or on behalf of the tenant and has not been determined or withdrawn.
(2) In this section “the relevant period” means the period—
(a) beginning twelve months before the day on which the tenant claims to exercise the right to acquire on rent to mortgage terms, and
(b) ending with the day on which the conveyance or grant is executed in pursuance of that right.
Right excluded if minimum initial payment exceeds maximum initial payment.
143B (1) The right to acquire on rent to mortgage terms cannot be exercised if the minimum initial payment in respect of the dwelling-house exceeds the maximum initial payment in respect of it.
(2) The maximum initial payment in respect of a dwelling-house is 80 per cent. of the price which would be payable if the tenant were exercising the right to buy.
(3) Where, in the case of a dwelling-house which is a house, the weekly rent at the relevant time did not exceed the relevant amount, the minimum initial payment shall be determined by the formula—
P
=
R
x
M
where—
P = the minimum initial payment;
R = the amount of the weekly rent at the relevant time;
M = the multiplier which at that time was for the time being declared by the Secretary of State for the purposes of this subsection.
(4) Where, in the case of a dwelling-house which is a house, the weekly rent at the relevant time exceeded the relevant amount, the minimum initial payment shall be determined by the formula—
P
=
Q
+
(
E
x
M
)
where—
P = the minimum initial payment;
Q = the qualifying maximum for the year of assessment which included the relevant time;
E = the amount by which the weekly rent at that time exceeded the relevant amount;
M = the multiplier which at that time was for the time being declared by the Secretary of State for the purposes of this subsection.
(5) The minimum initial payment in respect of a dwelling-house which is a flat is 80 per cent. of the amount which would be the minimum initial payment in respect of the dwelling-house if it were a house.
(6) The relevant amount and multipliers for the time being declared for the purposes of this section shall be such that, in the case of a dwelling-house which is a house, they will produce a minimum initial payment equal to the capital sum which, in the opinion of the Secretary of State, could be raised on a 25 year repayment mortgage in the case of which the net amount of the monthly mortgage payments was equal to the rent at the relevant time calculated on a monthly basis.
(7) For the purposes of subsection (6) the Secretary of State shall assume—
(a) that the interest rate applicable throughout the 25 year term were the standard national rate for the time being declared by the Secretary of State under paragraph 2 of Schedule 16 (local authority mortgage interest rates); and
(b) that the monthly mortgage payments represented payments of capital and interest only.
(8) In this section—
“net amount”, in relation to monthly mortgage payments, means the amount of such payments after deduction of tax under section 369 of the Income and Corporation Taxes Act 1988 (mortgage interest payable under deduction of tax);
“qualifying maximum” means the qualifying maximum defined in section 367(5) of that Act (limit on relief for interest on certain loans);
“relevant amount” means the amount which at the relevant time was for the time being declared by the Secretary of State for the purposes of this section;
“relevant time” means the time of the service of the landlord’s notice under section 146 (landlord’s notice admitting or denying right);
“rent” means rent payable under the secure tenancy, but excluding any element which is expressed to be payable for services, repairs, maintenance or insurance or the landlord’s costs of management.
For sections 144 and 145 of the 1985 Act there shall be substituted the following section—
Tenant’s notice claiming right.
144 (1) A secure tenant claims to exercise the right to acquire on rent to mortgage terms by written notice to that effect served on the landlord.
(2) The notice may be withdrawn at any time by notice in writing served on the landlord.
(3) On the service of a notice under this section, any notice served by the landlord under section 140 or 141 (landlord’s notices to complete purchase in pursuance of right to buy) shall be deemed to have been withdrawn; and no such notice may be served by the landlord whilst a notice under this section remains in force.
(4) Where a notice under this section is withdrawn, the tenant may complete the transaction in accordance with the provisions of this Part relating to the right to buy.