Law

Housing Act 1996

United Kingdom · statute

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In force since 2026-09-30, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 346 provisions
  1. Title and introductory text
  2. A1 Introduction
  3. 1 The register of social landlords.
  4. 1A Welsh bodies
  5. 2 Eligibility for registration.
  6. 3 Registration.
  7. 4 Removal from the register.
  8. 5 Criteria for registration or removal from register.
  9. 6 Appeal against decision on removal.
  10. 6A Voluntary undertakings
  11. 7 Regulation of registered social landlords.
  12. 7A Meaning of key terms used in this Chapter
  13. 7B Limit on local authority appointments to board
  14. 7C Removal of local authority appointees to comply with 24 per cent limit
  15. 7D Procedure for selection by registered social landlord of local authority appointees for removal
  16. 7E Board quorum: no requirement for local authority appointee
  17. 7F Board resolutions: 75 per cent threshold
  18. 7G Constitutional changes: no requirement for local authority consent and no power of veto
  19. 7H Voting rights of local authorities
  20. 7I Provision in agreements that is to be treated as having no effect
  21. 7J Power to disapply provisions of this Chapter
  22. 8 Power of registered social landlord to dispose of land.
  23. 9 Notification to Welsh Ministers of disposal of land
  24. 10 Lettings and other disposals not requiring consent of Relevant Authority.
  25. 11 Covenant for repayment of discount on disposal
  26. 11A Increase in value of house attributable to home improvements to be disregarded
  27. 12 Priority of charge for repayment of discount.
  28. 12A Right of first refusal for registered social landlord
  29. 12B Consideration payable for disposal under section 12A
  30. 13 Restriction on disposal of houses in National Parks, &c.
  31. 14 Treatment of options.
  32. 15 Relevant and exempted disposals.
  33. 15A Treatment of deferred resale agreements for purposes of section 11
  34. 16 Right of tenant to acquire dwelling.
  35. 16A Extension of section 16 to dwellings funded by grants under section 27A
  36. 16B Restriction on exercising the right to acquire
  37. 16C Exception to restriction on exercising the right to acquire
  38. 17 Right of tenant to acquire dwelling: supplementary provisions.
  39. 18 Social housing grants.
  40. 19 Land subject to housing management agreement.
  41. 20 Purchase grant where right to acquire exercised.
  42. 21 Purchase grant in respect of other disposals.
  43. 22 Assistance from local authorities.
  44. 23 Local loans made by the Treasury
  45. 24 The disposal proceeds fund.
  46. 25 Application or appropriation of disposal proceeds.
  47. 26 Disposal proceeds: power to require information.
  48. 27 Recovery, &c. of social housing grants.
  49. 27A Grants to bodies other than registered social landlords
  50. 27B Transfer of property funded by grants under section 27A
  51. 28 Grants under Part 2 of the Housing Act 1988.
  52. 29 Commutation of payments of special residual subsidy.
  53. 30 General power to obtain information.
  54. 31 Enforcement of notice to provide information, &c.
  55. 32 Disclosure of information to the Welsh Ministers.
  56. 33 Disclosure of information by the Welsh Ministers.
  57. 33A Standards of performance
  58. 33B Guidance on standards of performance
  59. 33C Consultation
  60. 34 Standards of performance – housing in England .
  61. 35 Information as to levels of performance.
  62. 35A Guidance about complaints about performance
  63. 35B Consultation
  64. 36 Issue of guidance by the Welsh Ministers – housing in England .
  65. 37 Powers of entry.
  66. 38 Penalty for obstruction of person exercising power of entry.
  67. 39 Insolvency, &c. of registered social landlord: scheme of provisions.
  68. 40 Initial notice to be given to the Welsh Ministers.
  69. 41 Further notice to be given to the Welsh Ministers.
  70. 42 Moratorium on disposal of land, &c.
  71. 43 Period of moratorium.
  72. 43A Appointment of interim manager
  73. 44 Proposals as to ownership and management of landlord’s land.
  74. 45 Effect of agreed proposals.
  75. 46 Appointment of manager to implement agreed proposals.
  76. 47 Powers of the manager.
  77. 48 Powers of the manager: transfer of engagements.
  78. 49 Assistance by the Welsh Ministers.
  79. 50 Application to court to secure compliance with agreed proposals.
  80. 50A Application of Chapter 4A
  81. 50B Exercise of enforcement powers
  82. 50C Grounds for giving notice
  83. 50D Content
  84. 50E Appeal
  85. 50F Withdrawal
  86. 50G Sanction
  87. 50H Grounds for imposition
  88. 50I Imposition
  89. 50J Amount
  90. 50K Warning
  91. 50L Representations
  92. 50M Enforcement
  93. 50N Appeal
  94. 50O Grounds for award
  95. 50P Persons to whom compensation may be awarded
  96. 50Q Award
  97. 50R Impact
  98. 50S Warning
  99. 50T Representations
  100. 50U Enforcement
  101. 50V Appeal
  102. 51 Schemes for investigation of complaints.
  103. 51ZA Power of housing ombudsman to issue guidance to scheme members
  104. 51A Social Housing Ombudsman for Wales
  105. 51B Investigation of complaints
  106. 51C Meaning of “social landlord in Wales”
  107. 52 General provisions as to orders.
  108. 53 General provisions as to determinations.
  109. 54 Determinations of the Housing Corporation requiring approval.
  110. 55 Minor and consequential amendments: Part I.
  111. 56 Meaning of “the Welsh Ministers”.
  112. 57 Definitions relating to registered societies.
  113. 58 Definitions relating to charities.
  114. 59 Meaning of “officer” of registered social landlord.
  115. 60 Meaning of “subsidiary”.
  116. 61 Meaning of “associate”.
  117. 62 Members of a person’s family: Part I.
  118. 63 Minor definitions: Part I.
  119. 64 Index of defined expressions: Part I.
  120. 65 Making and approval of registration schemes.
  121. 66 Registration schemes: control provisions.
  122. 67 Registration schemes: special control provisions.
  123. 68 Offences in connection with registration schemes.
  124. 69 Information requirements in connection with registration schemes.
  125. 70 Existing registration schemes.
  126. 71 Restriction on notices requiring execution of works.
  127. 72 Recovery of expenses of notice requiring execution of works.
  128. 74 Section 354 direction to be local land charge.
  129. 75 Means of escape from fire.
  130. 76 Works notices: improvement of enforcement procedures.
  131. 77 Codes of practice.
  132. 78 Increase of fines, &c.
  133. 79 Minor amendments.
  134. 80 Repeal of Part XII of the Housing Act 1985.
  135. 81 Restriction on termination of tenancy for failure to pay service charge.
  136. 82 Notice under s.146 of the Law of Property Act 1925.
  137. 83 Determination of reasonableness of service charges.
  138. 84 Right to appoint surveyor to advise on matters relating to service charges.
  139. 85 Appointment of manager by the court.
  140. 86 Appointment of manager: transfer of jurisdiction to leasehold valuation tribunal.
  141. 88 Period after which acquisition order may be made.
  142. 89 Application of right of first refusal in relation to contracts.
  143. 90 Notice required to be given by landlord making disposal.
  144. 91 Offence of failure to comply with requirements of Part I.
  145. 92 Procedure for exercise of rights of first refusal.
  146. 93 Duty of new landlord to inform tenant of rights.
  147. 94 Provision of general advice etc. about residential tenancies.
  148. 95 Jurisdiction of county courts.
  149. 96 Tenancies which are assured shorthold tenancies.
  150. 97 Duty of landlord to provide statement of terms of assured shorthold tenancy.
  151. 98 Form of notices under s. 21 of the Housing Act 1988.
  152. 99 Restriction on recovery of possession on expiry or termination.
  153. 100 Applications for determination of rent: time limit.
  154. 101 Mandatory possession for non-payment of rent: reduction in arrears required.
  155. 102 Recovery of possession where grant induced by false statement.
  156. 103 Assured agricultural occupancies: exclusion of tenancies of agricultural holdings and farm business tenancies.
  157. 104 Consequential amendments: assured tenancies.
  158. 105 Low rent test: nil rateable values.
  159. 106 Low rent test: extension of rights.
  160. 107 Collective enfranchisement: multiple freeholders.
  161. 108 Collective enfranchisement: removal of need for professional valuation of interests to be acquired.
  162. 109 Collective enfranchisement: valuation principles.
  163. 110 New leases: valuation principles.
  164. 111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  165. 112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  166. 113 Powers of trustees.
  167. 114 Minor amendment of section 1(1)(a) of Leasehold Reform Act 1967.
  168. 115 Power for leasehold valuation tribunal to determine amount of costs payable under Leasehold Reform Act 1967.
  169. 116 Compensation for postponement of termination in connection with ineffective claims.
  170. 117 Priority of interests on grant of new lease.
  171. 118 Estate management schemes in connection with enfranchisement by virtue of s. 106.
  172. 119 Leasehold valuation tribunals: pre-trial review.
  173. 120 Payment of housing benefit to third parties.
  174. 121 Administration of housing benefit, &c.
  175. 122 Functions of rent officers in connection with universal credit, housing benefit and rent allowance subsidy.
  176. 123 Consequential amendments: Part IV.
  177. 124 Introductory tenancies.
  178. 125 Duration of introductory tenancy.
  179. 125A Extension of trial period by 6 months
  180. 125B Review of decision to extend trial period
  181. 126 Licences.
  182. 127 Proceedings for possession.
  183. 128 Notice of proceedings for possession.
  184. 129 Review of decision to seek possession.
  185. 130 Effect of beginning proceedings for possession.
  186. 131 Persons qualified to succeed tenant.
  187. 132 Cases where the tenant is a successor.
  188. 133 Succession to introductory tenancy.
  189. 134 Assignment in general prohibited.
  190. 135 Right to carry out repairs.
  191. 136 Provision of information about tenancies.
  192. 137 Consultation on matters of housing management.
  193. 137A Introductory tenancies that are to become flexible tenancies
  194. 138 Jurisdiction of county court.
  195. 139 Meaning of “dwelling-house”.
  196. 140 Members of a person’s family: Chapter I.
  197. 141 Consequential amendments: introductory tenancies.
  198. 142 Regulations and orders.
  199. 143 Index of defined expressions: introductory tenancies.
  200. 143A Demoted tenancies
  201. 143B Duration of demoted tenancy
  202. 143C Change of landlord
  203. 143D Proceedings for possession
  204. 143E Notice of proceedings for possession
  205. 143F Review of decision to seek possession
  206. 143G Effect of proceedings for possession
  207. 143H Succession to demoted tenancy
  208. 143I No successor tenant: termination
  209. 143J Successor tenants
  210. 143K Restriction on assignment
  211. 143L Right to carry out repairs
  212. 143M Provision of information
  213. 143MA Demoted tenancies that are to become flexible tenancies
  214. 143N Jurisdiction of county court
  215. 143O Meaning of dwelling house
  216. 143P Members of a person’s family
  217. 144 Extension of ground of nuisance or annoyance to neighbours, &c.
  218. 145 New ground of domestic violence: secure tenancies.
  219. 146 Extension of ground that grant of tenancy induced by false statement.
  220. 147 Proceedings for possession or termination.
  221. 148 Extension of ground of nuisance or annoyance to adjoining occupiers &c.
  222. 149 New ground of domestic violence: assured tenancies.
  223. 150 Additional notice requirements: domestic violence.
  224. 151 Early commencement of certain proceedings for possession.
  225. 152 Power to grant injunctions against anti-social behaviour.
  226. 153 Power of arrest for breach of other injunctions against anti-social behaviour.
  227. 153A Anti-social behaviour injunction
  228. 153B Injunction against unlawful use of premises
  229. 153C Injunctions: exclusion order and power of arrest
  230. 153D Injunction against breach of tenancy agreement
  231. 153E Injunctions: supplementary
  232. 154 Powers of arrest: ex-parte applications for injunctions.
  233. 155 Arrest and remand.
  234. 156 Remand for medical examination and report.
  235. 157 Powers of arrest: supplementary provisions.
  236. 158 Interpretation: Chapter III.
  237. 159 Allocation of housing accommodation.
  238. 160 Cases where provisions about allocation do not apply.
  239. 160ZA Allocation only to eligible and qualifying persons: England
  240. 160A Allocation only to eligible persons: Wales
  241. 161 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  242. 162 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  243. 163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  244. 164 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  245. 165 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  246. 166 Applications for housing accommodation
  247. 166A Allocation in accordance with allocation scheme: England
  248. 167 Allocation in accordance with allocation scheme : Wales
  249. 168 Information about allocation scheme.
  250. 169 Guidance to authorities by the Secretary of State.
  251. 170 Co-operation between certain social landlords and local housing authorities.
  252. 171 False statements and withholding information.
  253. 172 Regulations.
  254. 173 Consequential amendments: Part VI.
  255. 174 Index of defined expressions: Part VI.
  256. 175 Homelessness and threatened homelessness.
  257. 176 Meaning of accommodation available for occupation.
  258. 177 Whether it is reasonable to continue to occupy accommodation.
  259. 178 Meaning of associated person.
  260. 179 Duty of local housing authority in England to provide advisory services
  261. 180 Assistance for voluntary organisations.
  262. 181 Terms and conditions of assistance.
  263. 182 Guidance by the Secretary of State.
  264. 183 Application for assistance.
  265. 184 Inquiry into cases of homelessness or threatened homelessness.
  266. 185 Persons from abroad not eligible for housing assistance.
  267. 186 Asylum-seekers and their dependants.
  268. 187 Provision of information by Secretary of State.
  269. 188 Interim duty to accommodate in case of apparent priority need.
  270. 189 Priority need for accommodation.
  271. 189A Assessments and personalised plan
  272. 189B Initial duty owed to all eligible persons who are homeless
  273. 190 Duties to persons becoming homeless intentionally.
  274. 191 Becoming homeless intentionally.
  275. 192 Duty to persons not in priority need who are not homeless intentionally.
  276. 193 Duty to persons with priority need who are not homeless intentionally.
  277. 193A Consequences of refusal of final accommodation offer or final Part 6 offer at the initial relief stage
  278. 193B Notices in cases of an applicant's deliberate and unreasonable refusal to co-operate
  279. 193C Notice under section 193B: consequences
  280. 194 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  281. 195 Duties in cases of threatened homelessness
  282. 195A Re-application after private rented sector offer
  283. 196 Becoming threatened with homelessness intentionally.
  284. 197 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  285. 198 Referral of case to another local housing authority.
  286. 199 Local connection.
  287. 199A Duties to the applicant whose case is considered for referral or referred under section 198(A1)
  288. 200 Duties to applicant whose case is considered for referral or referred under section 198(1).
  289. 201 Application of referral provisions to cases arising in Scotland.
  290. 201A Cases referred from a local housing authority in Wales
  291. 202 Right to request review of decision.
  292. 203 Procedure on a review.
  293. 204 Right of appeal to county court on point of law.
  294. 204A Section 204(4): appeals
  295. 205 Discharge of functions: introductory.
  296. 206 Discharge of functions by local housing authorities.
  297. 207 Discharge of functions: provision of accommodation by the authority.
  298. 208 Discharge of functions: out-of-area placements.
  299. 209 Discharge of interim duties: arrangements with private landlord
  300. 210 Suitability of accommodation.
  301. 211 Protection of property of homeless persons and persons threatened with homelessness.
  302. 212 Protection of property: supplementary provisions.
  303. 213 Co-operation between relevant housing authorities and bodies.
  304. 213A Co-operation in certain cases involving children
  305. 213AA Duty of local housing authority in England to notify in certain cases involving children
  306. 213B Duty of public authority to refer cases in England to local housing authority
  307. 214 False statements, withholding information and failure to disclose change of circumstances.
  308. 214A Codes of practice
  309. 215 Regulations and orders.
  310. 216 Transitional and consequential matters.
  311. 217 Minor definitions: Part VII.
  312. 218 Index of defined expressions: Part VII.
  313. 218A Anti-social behaviour: landlords' policies and procedures
  314. 219 Directions as to certain charges by social landlords.
  315. 220 Directions as to certain charges: supplementary provisions.
  316. 220A Provision of general advice etc about residential licences: England
  317. 221 Exercise of compulsory purchase powers in relation to Crown land.
  318. 222 Miscellaneous minor amendments.
  319. 223 Offences by body corporate.
  320. 224 The Common Council of the City of London.
  321. 225 The Isles of Scilly.
  322. 226 Corresponding provision for Northern Ireland.
  323. 227 Repeals.
  324. 228 Financial provisions.
  325. 229 Meaning of “lease” and “tenancy” and related expressions.
  326. 230 Minor definitions: general.
  327. 231 Extent.
  328. 232 Commencement.
  329. 233 Short title.
  330. SCHEDULE 1 Registered social landlords: regulation
  331. SCHEDULE 2 Social rented sector: housing complaints
  332. SCHEDULE 3 Social rented sector: minor amendments
  333. SCHEDULE 4 Rights exercisable by surveyor appointed by tenants’ association
  334. SCHEDULE 6 Amendments of Part I of the Landlord and Tenant Act 1987
  335. SCHEDULE 7 Assured tenancies: schedule inserted after Schedule 2 to the Housing Act 1988
  336. SCHEDULE 8 Assured tenancies: consequential amendments
  337. SCHEDULE 9 Low rent test: extension of rights
  338. SCHEDULE 10 Section 107: consequential amendments
  339. SCHEDULE 11 Compensation for postponement of termination in connection with ineffective claims
  340. SCHEDULE 12 Administration of housing benefit, &c
  341. SCHEDULE 13 Housing benefit and related matters: consequential amendments
  342. SCHEDULE 14 Introductory tenancies: consequential amendments
  343. SCHEDULE 16 Allocation of housing accommodation: consequential amendments
  344. SCHEDULE 17 Homelessness: consequential amendments
  345. SCHEDULE 18 Miscellaneous provisions
  346. SCHEDULE 19 Repeals

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346 provisions

66 Registration schemes: control provisions.

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67 Registration schemes: special control provisions.

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68 Offences in connection with registration schemes.

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69 Information requirements in connection with registration schemes.

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70 Existing registration schemes.

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71 Restriction on notices requiring execution of works.

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72 Recovery of expenses of notice requiring execution of works.

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74 Section 354 direction to be local land charge.

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75 Means of escape from fire.

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76 Works notices: improvement of enforcement procedures.

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77 Codes of practice.

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78 Increase of fines, &c.

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79 Minor amendments.

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80 Repeal of Part XII of the Housing Act 1985.

(1) Part XII of the Housing Act 1985 (common lodging houses) is hereby repealed. (2) In consequence of the above repeal— (a) in section 619(2) of the Housing Act 1985, for “The other provisions of this Act” substitute “ The provisions of Parts I to XI and XIII to XVIII of this Act ”; and (b) in section 65(2)(a) of the Housing Act 1988, for “XII” substitute “ XI ”. (3) The Secretary of State may by order make such consequential amendments or repeals in any local Act as he considers necessary or expedient. Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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81 Restriction on termination of tenancy for failure to pay service charge.

(1) A landlord may not, in relation to premises let as a dwelling, exercise a right of re-entry or forfeiture for failure by a tenant to pay a service charge or administration charge unless— (a) it is finally determined by (or on appeal from) the appropriate tribunal or by a court, or by an arbitral tribunal in proceedings pursuant to a post-dispute arbitration agreement, that the amount of the service charge or administration charge is payable by him, or (b) the tenant has admitted that it is so payable. (2) The landlord may not exercise a right of re-entry or forfeiture by virtue of subsection (1)(a) until after the end of the period of 14 days beginning with the day after that on which the final determination is made. (3) For the purposes of this section it is finally determined that the amount of a service charge or administration charge is payable— (a) if a decision that it is payable is not appealed against or otherwise challenged, at the end of the time for bringing an appeal or other challenge, or (b) if such a decision is appealed against or otherwise challenged and not set aside in consequence of the appeal or other challenge, at the time specified in subsection (3A). (3A) The time referred to in subsection (3)(b) is the time when the appeal or other challenge is disposed of— (a) by the determination of the appeal or other challenge and the expiry of the time for bringing a subsequent appeal (if any), or (b) by its being abandoned or otherwise ceasing to have effect. (4) The reference in subsection (1) to premises let as a dwelling does not include premises let on— (a) a tenancy to which Part II of the Landlord and Tenant Act 1954 applies (business tenancies), (b) a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 in relation to which that Act applies, or (c) a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995. (4A) References in this section to the exercise of a right of re-entry or forfeiture include the service of a notice under section 146(1) of the Law of Property Act 1925 (restriction on re-entry or forfeiture). (5) In this section (a) “administration charge” has the meaning given by Part 1 of Schedule 11 to the Commonhold and Leasehold Reform Act 2002, (b) “arbitration agreement” and “arbitral tribunal” have the same meaning as in Part 1 of the Arbitration Act 1996 (c. 23) and “post-dispute arbitration agreement”, in relation to any matter, means an arbitration agreement made after a dispute about the matter has arisen, (c) “dwelling” has the same meaning as in the Landlord and Tenant Act 1985 (c. 70), and (d) “service charge” means a service charge within the meaning of section 18(1) of the Landlord and Tenant Act 1985, other than one excluded from that section by section 27 of that Act (rent of dwelling registered and not entered as variable). (5A) Any order of a court to give effect to a determination of the appropriate tribunal shall be treated as a determination by the court for the purposes of this section. (6) Nothing in this section affects the exercise of a right of re-entry or forfeiture on other grounds. (7) For the purposes of this section, “appropriate tribunal” means— (a) in relation to premises in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and (b) in relation to premises in Wales, a leasehold valuation tribunal.

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82 Notice under s.146 of the Law of Property Act 1925.

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83 Determination of reasonableness of service charges.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) In the Schedule to the Landlord and Tenant Act 1985, for paragraph 8 (right to challenge landlord’s choice of insurers) substitute— 8 (1) This paragraph applies where a tenancy of a dwelling requires the tenant to insure the dwelling with an insurer nominated by the landlord. (2) The tenant or landlord may apply to a county court or leasehold valuation tribunal for a determination whether— (a) the insurance which is available from the nominated insurer for insuring the tenant’s dwelling is unsatisfactory in any respect, or (b) the premiums payable in respect of any such insurance are excessive. (3) No such application may be made in respect of a matter which— (a) has been agreed or admitted by the tenant, (b) under an arbitration agreement to which the tenant is a party is to be referred to arbitration, or (c) has been the subject of determination by a court or arbitral tribunal. (4) On an application under this paragraph the court or tribunal may make— (a) an order requiring the landlord to nominate such other insurer as is specified in the order, or (b) an order requiring him to nominate another insurer who satisfies such requirements in relation to the insurance of the dwelling as are specified in the order. (5) Any such order of a leasehold valuation tribunal may, with the leave of the court, be enforced in the same way as an order of a county court to the same effect. (6) An agreement by the tenant of a dwelling (other than an arbitration agreement) is void in so far as it purports to provide for a determination in a particular manner, or on particular evidence, of any question which may be the subject of an application under this paragraph. . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) For section 20C of the Landlord and Tenant Act 1985 (limitation of service charges: costs of court proceedings) substitute— Limitation of service charges: costs of proceedings. 20C (1) A tenant may make an application for an order that all or any of the costs incurred, or to be incurred, by the landlord in connection with proceedings before a court or leasehold valuation tribunal, or the Lands Tribunal, or in connection with arbitration proceedings, are not to be regarded as relevant costs to be taken into account in determining the amount of any service charge payable by the tenant or any other person or persons specified in the application. (2) The application shall be made— (a) in the case of court proceedings, to the court before which the proceedings are taking place or, if the application is made after the proceedings are concluded, to a county court; (b) in the case of proceedings before a leasehold valuation tribunal, to the tribunal before which the proceedings are taking place or, if the application is made after the proceedings are concluded, to any leasehold valuation tribunal; (c) in the case of proceedings before the Lands Tribunal, to the tribunal; (d) in the case of arbitration proceedings, to the arbitral tribunal or, if the application is made after the proceedings are concluded, to a county court. (3) The court or tribunal to which the application is made may make such order on the application as it considers just and equitable in the circumstances. . (5) In section 38 of the Landlord and Tenant Act 1985 (minor definitions), at the appropriate place insert— “arbitration agreement”, “arbitration proceedings” and “arbitral tribunal” have the same meaning as in Part I of the Arbitration Act 1996; . (6) In section 39 of that Act (index of defined expressions), at the appropriate place insert— arbitration agreement, arbitration proceedings and arbitral tribunal | section 38

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84 Right to appoint surveyor to advise on matters relating to service charges.

(1) A recognised tenants’ association may appoint a surveyor for the purposes of this section to advise on any matters relating to, or which may give rise to, service charges payable to a landlord by one or more members of the association. The provisions of Schedule 4 have effect for conferring on a surveyor so appointed rights of access to documents and premises. (2) A person shall not be so appointed unless he is a qualified surveyor. For this purpose “qualified surveyor” has the same meaning as in section 78(4)(a) of the Leasehold Reform, Housing and Urban Development Act 1993 (persons qualified for appointment to carry out management audit). (3) The appointment shall take effect for the purposes of this section upon notice in writing being given to the landlord by the association stating the name and address of the surveyor, the duration of his appointment and the matters in respect of which he is appointed. (4) An appointment shall cease to have effect for the purposes of this section if the association gives notice in writing to the landlord to that effect or if the association ceases to exist. (5) A notice is duly given under this section to a landlord of any tenants if it is given to a person who receives on behalf of the landlord the rent payable by those tenants; and a person to whom such a notice is so given shall forward it as soon as may be to the landlord. (6) In this section— “recognised tenants’ association” has the same meaning as in the provisions of the Landlord and Tenant Act 1985 relating to service charges (see section 29 of that Act); and “service charge” means a service charge within the meaning of section 18(1) of that Act, other than one excluded from that section by section 27 of that Act (rent of dwelling registered and not entered as variable).

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85 Appointment of manager by the court.

(1) Section 24 of the Landlord and Tenant Act 1987 (appointment of manager by the court) is amended as follows. (2) In subsection (2) (circumstances in which order may be made), in paragraph (a) (breach of obligation by landlord), omit sub-paragraph (ii) (requirement that circumstances likely to continue). (3) In that subsection, after paragraph (a), and before the word “or” following that paragraph, insert— (ab) where the court is satisfied— (i) that unreasonable service charges have been made, or are proposed or likely to be made, and (ii) that it is just and convenient to make the order in all the circumstances of the case; (ac) where the court is satisfied— (i) that the landlord has failed to comply with any relevant provision of a code of practice approved by the Secretary of State under section 87 of the Leasehold Reform, Housing and Urban Development Act 1993 (codes of management practice), and (ii) that it is just and convenient to make the order in all the circumstances of the case; . (4) After that subsection insert— (2A) For the purposes of subsection (2)(ab) a service charge shall be taken to be unreasonable— (a) if the amount is unreasonable having regard to the items for which it is payable, (b) if the items for which it is payable are of an unnecessarily high standard, or (c) if the items for which it is payable are of an insufficient standard with the result that additional service charges are or may be incurred. In that provision and this subsection “service charge” means a service charge within the meaning of section 18(1) of the Landlord and Tenant Act 1985, other than one excluded from that section by section 27 of that Act (rent of dwelling registered and not entered as variable). . (5) The above amendments apply to applications for an order under section 24 of the Landlord and Tenant Act 1987 which are made after this section comes into force. In relation to any such application the reference in the inserted subsection (2)(ab) to service charges which have been made includes services charges made before that date. (6) After subsection (9) insert— (9A) The court shall not vary or discharge an order under subsection (9) on a landlord’s application unless it is satisfied— (a) that the variation or discharge of the order will not result in a recurrence of the circumstances which led to the order being made, and (b) that it is just and convenient in all the circumstances of the case to vary or discharge the order. .

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86 Appointment of manager: transfer of jurisdiction to leasehold valuation tribunal.

(1) Part II of the Landlord and Tenant Act 1987 (appointment of managers by the court) is amended as follows for the purpose of transferring to a leasehold valuation tribunal the jurisdiction of the court under that Part. (2) In the following contexts for “the court”, in the first (or only) place where it occurs, substitute “a leasehold valuation tribunal”: section 21(1), section 22(2)(b), section 22(3), section 23(1), section 24(1), (2), (9) and (10); and in every other context in those sections, except section 21(6), for “the court” substitute “the tribunal”. (3) In section 21(6) (exclusion of application under inherent jurisdiction of court) for “any jurisdiction existing apart from this Act” substitute “any jurisdiction”. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) In section 52 of the Landlord and Tenant Act 1987 (jurisdiction of county courts), in subsection (2)(a) for “Parts I to IV” substitute “Parts I, III and IV”.

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88 Period after which acquisition order may be made.

In Part III of the Landlord and Tenant Act 1987 (compulsory acquisition by tenants of their landlord’s interest), in section 29(3) (conditions for making acquisition orders: period since appointment of manager under Part II) for “three years” substitute “ two years ”.

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89 Application of right of first refusal in relation to contracts.

(1) After section 4 of the Landlord and Tenant Act 1987 (relevant disposals) insert— Application of provisions to contracts. 4A (1) The provisions of this Part apply to a contract to create or transfer an estate or interest in land, whether conditional or unconditional and whether or not enforceable by specific performance, as they apply in relation to a disposal consisting of the creation or transfer of such an estate or interest. As they so apply— (a) references to a disposal of any description shall be construed as references to a contract to make such a disposal; (b) references to making a disposal of any description shall be construed as references to entering into a contract to make such a disposal; and (c) references to the transferee under the disposal shall be construed as references to the other party to the contract and include a reference to any other person to whom an estate or interest is to be granted or transferred in pursuance of the contract. (2) The provisions of this Part apply to an assignment of rights under such a contract as is mentioned in subsection (1) as they apply in relation to a disposal consisting of the transfer of an estate or interest in land. As they so apply— (a) references to a disposal of any description shall be construed as references to an assignment of rights under a contract to make such a disposal; (b) references to making a disposal of any description shall be construed as references to making an assignment of rights under a contract to make such a disposal; (c) references to the landlord shall be construed as references to the assignor; and (d) references to the transferee under the disposal shall be construed as references to the assignee of such rights. (3) The provisions of this Part apply to a contract to make such an assignment as is mentioned in subsection (2) as they apply (in accordance with subsection (1)) to a contract to create or transfer an estate or interest in land. (4) Nothing in this section affects the operation of the provisions of this Part relating to options or rights of pre-emption. . (2) In section 4(2) of the Landlord and Tenant Act 1987 (relevant disposals: excluded disposals), for paragraph (i) (certain disposals in pursuance of existing obligations) substitute— (i) a disposal in pursuance of a contract, option or right of pre-emption binding on the landlord (except as provided by section 8D (application of sections 11 to 17 to disposal in pursuance of option or right of pre-emption)); . (3) In section 20(1) (interpretation), in the definition of “disposal” for “has the meaning given by section 4(3)” substitute “ shall be construed in accordance with section 4(3) and section 4A (application of provisions to contracts) ”.

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90 Notice required to be given by landlord making disposal.

(1) In section 4(2) of the Landlord and Tenant Act 1987 (disposals which are not relevant disposals for the purposes of Part I of that Act), for paragraph (l) substitute— (l) a disposal by a body corporate to a company which has been an associated company of that body for at least two years. . (2) The above amendment does not apply to a disposal made in pursuance of an obligation entered into before the commencement of this section.

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91 Offence of failure to comply with requirements of Part I.

(1) After section 10 of the Landlord and Tenant Act 1987 insert— Offence of failure to comply with requirements of Part I. 10A (1) A landlord commits an offence if, without reasonable excuse, he makes a relevant disposal affecting premises to which this Part applies— (a) without having first complied with the requirements of section 5 as regards the service of notices on the qualifying tenants of flats contained in the premises, or (b) in contravention of any prohibition or restriction imposed by sections 6 to 10. (2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (3) Where an offence under this section committed by a body corporate is proved— (a) to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in such a capacity, or (b) to be due to any neglect on the part of such an officer or person, he, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly. Where the affairs of a body corporate are managed by its members, the above provision applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. (4) Proceedings for an offence under this section may be brought by a local housing authority (within the meaning of section 1 of the Housing Act 1985). (5) Nothing in this section affects the validity of the disposal. . (2) The above amendment does not apply to a disposal made in pursuance of an obligation entered into before the commencement of this section.

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92 Procedure for exercise of rights of first refusal.

(1) Part I of the Landlord and Tenant Act 1987 (tenants’ rights of first refusal) is amended in accordance with Schedule 6. (2) The amendments restate the principal provisions of that Part so as to— (a) simplify the procedures for the exercise of the rights conferred on tenants, and (b) apply those procedures in relation to contracts and certain special cases. (3) In Schedule 6— Part I sets out provisions replacing sections 5 to 10 of the Act (rights of first refusal), Part II sets out provisions replacing sections 11 to 15 of the Act (enforcement by tenants of rights against purchaser), Part III sets out provisions replacing sections 16 and 17 of the Act (enforcement of rights against subsequent purchasers and termination of rights), and Part IV contains consequential amendments.

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93 Duty of new landlord to inform tenant of rights.

(1) In the Landlord and Tenant Act 1985, after section 3 (duty to inform tenant of assignment of landlord’s interest) insert— Duty to inform tenant of possible right to acquire landlord’s interest. 3A (1) Where a new landlord is required by section 3(1) to give notice to a tenant of an assignment to him, then if— (a) the tenant is a qualifying tenant within the meaning of Part I of the Landlord and Tenant Act 1987 (tenants’ rights of first refusal), and (b) the assignment was a relevant disposal within the meaning of that Part affecting premises to which at the time of the disposal that Part applied, the landlord shall give also notice in writing to the tenant to the following effect. (2) The notice shall state— (a) that the disposal to the landlord was one to which Part I of the Landlord and Tenant Act 1987 applied; (b) that the tenant (together with other qualifying tenants) may have the right under that Part— (i) to obtain information about the disposal, and (ii) to acquire the landlord’s interest in the whole or part of the premises in which the tenant’s flat is situated; and (c) the time within which any such right must be exercised, and the fact that the time would run from the date of receipt of notice under this section by the requisite majority of qualifying tenants (within the meaning of that Part). (3) A person who is required to give notice under this section and who fails, without reasonable excuse, to do so within the time allowed for giving notice under section 3(1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale. . (2) In section 32(1) of the Landlord and Tenant Act 1985 (provisions not applying to tenancies within Part II of the Landlord and Tenant Act 1954), for “sections 1 to 3” substitute “ sections 1 to 3A ”.

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94 Provision of general advice etc. about residential tenancies.

(1) The Secretary of State may give financial assistance to any person in relation to the provision by that person of information, training or general advice about, or a dispute resolution service in connection with — (a) any aspect of the law of landlord and tenant, so far as relating to residential tenancies, (aa) any other matter relating to residential tenancies, (b) any matter relating to Chapter IV of Part I of the Leasehold Reform, Housing and Urban Development Act 1993 (estate management schemes in connection with enfranchisement). (2) Financial assistance under this section may be given in such form and on such terms as the Secretary of State considers appropriate. (3) The terms on which financial assistance under this section may be given may, in particular, include provision as to the circumstances in which the assistance must be repaid or otherwise made good to the Secretary of State and the manner in which that is to be done.

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95 Jurisdiction of county courts.

(1) Any jurisdiction expressed by a provision to which this section applies to be conferred on the court 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 to which this section applies. (3) Where, however, other proceedings are properly brought in the High Court, that court has jurisdiction to hear and determine proceedings to which subsection (1) or (2) applies which are joined with those proceedings. (4) Where proceedings are brought in the county court by virtue of subsection (1) or (2), that court has jurisdiction to hear and determine other proceedings joined with those proceedings despite the fact that they would otherwise be outside its jurisdiction. (5) The provisions to which this section applies are— (a) section 81 (restriction on termination of tenancy for failure to pay service charge), and (b) section 84 (right to appoint surveyor to advise on matters relating to service charges) and Schedule 4 (rights exercisable by surveyor appointed by tenants’ association).

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96 Tenancies which are assured shorthold tenancies.

(1) In Chapter II of Part I of the Housing Act 1988 (assured shorthold tenancies) there shall be inserted at the beginning— Assured shorthold tenancies: post-Housing Act 1996 tenancies. 19A An assured tenancy which— (a) is entered into on or after the day on which section 96 of the Housing Act 1996 comes into force (otherwise than pursuant to a contract made before that day), or (b) comes into being by virtue of section 5 above on the coming to an end of an assured tenancy within paragraph (a) above, is an assured shorthold tenancy unless it falls within any paragraph in Schedule 2A to this Act. . (2) After Schedule 2 to that Act there shall be inserted the Schedule set out in Schedule 7 to this Act.

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97 Duty of landlord to provide statement of terms of assured shorthold tenancy.

After section 20 of the Housing Act 1988 there shall be inserted— Post-Housing Act 1996 tenancies: duty of landlord to provide statement as to terms of tenancy. 20A (1) Subject to subsection (3) below, a tenant under an assured shorthold tenancy to which section 19A above applies may, by notice in writing, require the landlord under that tenancy to provide him with a written statement of any term of the tenancy which— (a) falls within subsection (2) below, and (b) is not evidenced in writing. (2) The following terms of a tenancy fall within this subsection, namely— (a) the date on which the tenancy began or, if it is a statutory periodic tenancy or a tenancy to which section 39(7) below applies, the date on which the tenancy came into being, (b) the rent payable under the tenancy and the dates on which that rent is payable, (c) any term providing for a review of the rent payable under the tenancy, and (d) in the case of a fixed term tenancy, the length of the fixed term. (3) No notice may be given under subsection (1) above in relation to a term of the tenancy if— (a) the landlord under the tenancy has provided a statement of that term in response to an earlier notice under that subsection given by the tenant under the tenancy, and (b) the term has not been varied since the provision of the statement referred to in paragraph (a) above. (4) A landlord who fails, without reasonable excuse, to comply with a notice under subsection (1) above within the period of 28 days beginning with the date on which he received the notice is liable on summary conviction to a fine not exceeding level 4 on the standard scale. (5) A statement provided for the purposes of subsection (1) above shall not be regarded as conclusive evidence of what was agreed by the parties to the tenancy in question. (6) Where— (a) a term of a statutory periodic tenancy is one which has effect by virtue of section 5(3)(e) above, or (b) a term of a tenancy to which subsection (7) of section 39 below applies is one which has effect by virtue of subsection (6)(e) of that section, subsection (1) above shall have effect in relation to it as if paragraph (b) related to the term of the tenancy from which it derives. (7) In subsections (1) and (3) above— (a) references to the tenant under the tenancy shall, in the case of joint tenants, be taken to be references to any of the tenants, and (b) references to the landlord under the tenancy shall, in the case of joint landlords, be taken to be references to any of the landlords.

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98 Form of notices under s. 21 of the Housing Act 1988.

(1) Section 21 of the Housing Act 1988 (recovery of possession on expiry or termination of assured shorthold tenancy) shall be amended as follows. (2) In subsection (1)(b) (which requires the landlord under a fixed term tenancy to give two months’ notice to recover possession), after “notice” there shall be inserted “ in writing ”. (3) In subsection (4)(a) (corresponding provision for periodic tenancies), after “notice”, where it first occurs, there shall be inserted “ in writing ”.

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99 Restriction on recovery of possession on expiry or termination.

In section 21 of the Housing Act 1988 there shall be inserted at the end— (5) Where an order for possession under subsection (1) or (4) above is made in relation to a dwelling-house let on a tenancy to which section 19A above applies, the order may not be made so as to take effect earlier than— (a) in the case of a tenancy which is not a replacement tenancy, six months after the beginning of the tenancy, and (b) in the case of a replacement tenancy, six months after the beginning of the original tenancy. (6) In subsection (5)(b) above, the reference to the original tenancy is— (a) where the replacement tenancy came into being on the coming to an end of a tenancy which was not a replacement tenancy, to the immediately preceding tenancy, and (b) where there have been successive replacement tenancies, to the tenancy immediately preceding the first in the succession of replacement tenancies. (7) For the purposes of this section, a replacement tenancy is a tenancy— (a) which comes into being on the coming to an end of an assured shorthold tenancy, and (b) under which, on its coming into being— (i) the landlord and tenant are the same as under the earlier tenancy as at its coming to an end, and (ii) the premises let are the same or substantially the same as those let under the earlier tenancy as at that time. .

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100 Applications for determination of rent: time limit.

(1) Section 22 of the Housing Act 1988 (reference of excessive rents to rent assessment committee) shall be amended as follows. (2) In subsection (2) (circumstances in which no application under the section may be made) after paragraph (a) there shall be inserted— (aa) the tenancy is one to which section 19A above applies and more than six months have elapsed since the beginning of the tenancy or, in the case of a replacement tenancy, since the beginning of the original tenancy; or . (3) At the end there shall be inserted— (6) In subsection (2)(aa) above, the references to the original tenancy and to a replacement tenancy shall be construed in accordance with subsections (6) and (7) respectively of section 21 above. .

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101 Mandatory possession for non-payment of rent: reduction in arrears required.

In Part I of Schedule 2 to the Housing Act 1988 (grounds on which court must order possession) in Ground 8 (rent unpaid for certain periods)— (a) in paragraph (a) (rent payable weekly or fortnightly) for “thirteen weeks”’ there shall be substituted “ eight weeks ”’, and (b) in paragraph (b) (rent payable monthly) for “three months”’ there shall be substituted “ two months ”’.

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102 Recovery of possession where grant induced by false statement.

In Part II of Schedule 2 to the Housing Act 1988 (grounds on which court may order possession) there shall be inserted at the end— Ground 17 The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by— (a) the tenant, or (b) a person acting at the tenant’s instigation.

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103 Assured agricultural occupancies: exclusion of tenancies of agricultural holdings and farm business tenancies.

(1) Section 24 of the Housing Act 1988 (assured agricultural occupancies) shall be amended as follows. (2) In subsection (2)(b) (under which a tenancy is an assured agricultural occupancy if it would be an assured tenancy, but for paragraph 7 of Schedule 1 to that Act) there shall be inserted at the end “ and is not an excepted tenancy ”. (3) After subsection (2) there shall be inserted— (2A) For the purposes of subsection (2)(b) above, a tenancy is an excepted tenancy if it is— (a) a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 in relation to which that Act applies, or (b) a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995. .

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104 Consequential amendments: assured tenancies.

The enactments mentioned in Schedule 8 have effect with the amendments specified there which are consequential on the provisions of this Chapter.

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105 Low rent test: nil rateable values.

(1) In section 4(1) of the Leasehold Reform Act 1967 (meaning of “low rent”) — (a) in paragraph (i) (cases where rent limit of two-thirds of rateable value on later of appropriate day and first day of term applies), for the words from “or (where” to “that date” there shall be substituted “ , or on or after 1st April 1990 in pursuance of a contract made before that date, and the property had a rateable value other than nil at the date of the commencement of the tenancy or else at any time before 1st April 1990, ”, (b) in paragraph (ii) (other cases), for the words from “is entered” to “1990),” there shall be substituted “ does not fall within paragraph (i) above, ”, and (c) in paragraph (a) (definition of “appropriate day” by reference to section 25(3) of the Rent Act 1977), there shall be inserted at the end “ if the reference in paragraph (a) of that provision to a rateable value were to a rateable value other than nil ”. (2) In section 4A of the Leasehold Reform Act 1967 (alternative rent limits for the purposes of section 1A(2) of that Act)— (a) in subsection (1)(b) (cases where rent limit of two-thirds of rateable value on the relevant date applies), for sub-paragraph (ii) there shall be substituted— (ii) the property had a rateable value other than nil at the date of commencement of the tenancy or else at any time before 1st April 1990, , and (b) in subsection (2), for paragraph (b) there shall be substituted— (b) “the relevant date” means the date of the commencement of the tenancy or, if the property did not have a rateable value, or had a rateable value of nil, on that date, the date on which it first had a rateable value other than nil; . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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106 Low rent test: extension of rights.

Schedule 9 (which makes provision for conferring an additional right to enfranchisement in relation to tenancies which fail the low rent test and for introducing an alternative to the low rent test in the case of the right to collective enfranchisement and the right to a new lease) shall have effect.

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107 Collective enfranchisement: multiple freeholders.

(1) In section 3 of the Leasehold Reform, Housing and Urban Development Act 1993 (premises in respect of which the right to collective enfranchisement is exercisable), in subsection (1)(a), the words “and the freehold of the whole of the building or of that part of the building is owned by the same person” shall be omitted. (2) In section 4 of that Act (premises excluded from the right to collective enfranchisement), after subsection (3) there shall be inserted— (3A) Where different persons own the freehold of different parts of premises within subsection (1) of section 3, this Chapter does not apply to the premises if any of those parts is a self-contained part of a building for the purposes of that section. . (3) In section 1(3) of that Act (additional property which may be acquired by tenants exercising the right to collective enfranchisement), the words “the freehold of it is owned by the person who owns the freehold of the relevant premises and” shall be omitted. (4) Schedule 10 (amendments consequential on this section) shall have effect.

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