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Leasehold Reform and Urban Development Act 1993

Leasehold Reform and Urban Development Act 1993 

Introductory Text

Part I LANDLORD AND TENANT

Chapter I COLLECTIVE ENFRANCHISEMENT IN CASE OF TENANTS OF FLATS

Preliminary

1. The right to collective enfranchisement.

2. Acquisition of leasehold interests.

3. Premises to which this Chapter applies.

4. Premises excluded from right.

4A. RTE companies

4B. RTE companies: membership

4C. RTE companies: regulations

5. Qualifying tenants.

6. Qualifying tenants satisfying residence condition.

7. Meaning of “long lease”.

8. Leases at a low rent.

8A. Meaning of “particularly long term”.

9. The reversioner and other relevant landlords for the purposes of this Chapter.

10. Premises with a resident landlord.

Preliminary inquiries by tenants

11. Right of qualifying tenant to obtain information about superior interests etc.

12. Right of qualifying tenant to obtain information about other matters.

The initial notice

13. Notice by qualifying tenants of claim to exercise right.

Participating tenants and nominee purchaser

14. The participating tenants.

15. The nominee purchaser: appointment and replacement.

16. The nominee purchaser: retirement or death.

Procedure following giving of initial notice

17.Rights of access.

18. Duty of nominee purchaser to disclose existence of agreements affecting specified premises etc.

19. Effect of initial notice as respects subsequent transactions by freeholder etc.

20. Right of reversioner to require evidence of tenant’s right to participate.

21. Reversioner’s counter-notice.

Applications to court or leasehold valuation tribunal

22. Proceedings relating to validity of initial notice.

23. Tenants’ claim liable to be defeated where landlord intends to redevelop.

24. Applications where terms in dispute or failure to enter contract.

25. Applications where reversioner fails to give counter-notice or further counter-notice.

26. Applications where relevant landlord cannot be found.

27. Supplementary provisions relating to vesting orders under section 26(1).

Termination of acquisition procedures

28. Withdrawal from acquisition by participating tenants.

29. Deemed withdrawal of initial notice.

30. Effect on initial notice or subsequent contract of institution of compulsory acquisition procedures.

31. Effect on initial notice of designation for inheritance tax purposes and applications for designation.

Determination of price and costs of enfranchisement

32. Determination of price.

33. Costs of enfranchisement.

Completion of acquisition

34. Conveyance to nominee purchaser.

35. Discharge of existing mortgages on transfer to nominee purchaser.

36. Nominee purchaser required to grant leases back to former freeholder in certain circumstances.

37. Acquisition of interests from local authorities etc.

Landlord’s right to compensation in relation to ineffective claims

37A. Compensation for postponement of termination in connection with ineffective claims.

37B. Modification of section 37A where change in immediate reversion.

Supplemental

38. Interpretation of Chapter I.

Chapter II INDIVIDUAL RIGHT OF TENANT OF FLAT TO ACQUIRE NEW LEASE

Preliminary

39. Right of qualifying tenant of flat to acquire new lease.

40. The landlord for the purposes of this Chapter.

Preliminary inquiries by qualifying tenant

41. Right of qualifying tenant to obtain information about superior interests etc.

The tenant’s notice

42. Notice by qualifying tenant of claim to exercise right.

43. General provisions as respects effect of tenant’s notice.

Procedure following giving of tenant’s notice

44. Access by landlords for valuation purposes.

45. Landlord’s counter-notice.

Applications to court or leasehold valuation tribunal

46. Proceedings relating to validity of tenant’s notice.

47. Application to defeat tenant’s claim where landlord intends to redevelop.

48. Applications where terms in dispute or failure to enter into new lease.

49. Applications where landlord fails to give counter-notice or further counter-notice.

50. Applications where landlord cannot be found.

51. Supplementary provisions relating to vesting orders under section 50(1).

Termination or suspension of acquisition procedures

52. Withdrawal by tenant from acquisition of new lease.

53. Deemed withdrawal of tenant’s notice.

54. Suspension of tenant’s notice during currency of claim under Chapter I.

55. Effect on tenant’s notice of institution of compulsory acquisition procedures.

Grant of new lease

56. Obligation to grant new lease.

57. Terms on which new lease is to be granted.

58. Grant of new lease where interest of landlord or tenant is subject to a mortgage.

58A. Priority of interests on grant of new lease.

59. Further renewal, but no security of tenure, after grant of new lease.

Costs incurred in connection with new lease

60. Costs incurred in connection with new lease to be paid by tenant.

Landlord’s right to terminate new lease

61. Landlord’s right to terminate new lease on grounds of redevelopment.

Landlord’s right to compensation in relation to ineffective claims

61A. Compensation for postponement of termination in connection with ineffective claims.

61B.Modification of section 61A where change in immediate reversion.

Supplemental

62. Interpretation of Chapter II.

Chapter III ENFRANCHISEMENT UNDER LEASEHOLD REFORM ACT 1967

Extension of right to enfranchise

63. Extension of right to enfranchise to houses whose value or rent exceeds applicable limit.

64. Tenancies terminable after death or marriage.

65. Additional “low rent” test.

66. Price payable by tenant on enfranchisement by virtue of section 63 or 64.

Exceptions to right to enfranchise

67. Exclusion of right to enfranchise in case of houses let by charitable housing trusts.

68. Exclusion of right in case of property transferred for public benefit etc.

Chapter IV ESTATE MANAGEMENT SCHEMES IN CONNECTION WITH ENFRANCHISEMENT

69. Estate management schemes.

70. Approval by leasehold valuation tribunal of estate management scheme.

71. Applications by two or more landlords or by representative bodies.

72. Applications after expiry of two-year period.

73. Applications by certain public bodies.

74. Effect of application for approval on claim to acquire freehold.

75. Variation of existing schemes.

Chapter V TENANTS’ RIGHT TO MANAGEMENT AUDIT

76. Right to audit management by landlord.

77. Qualifying tenants.

78. Management audits.

79. Rights exercisable in connection with management audits.

80. Exercise of right to have a management audit.

81. Procedure following giving of notice under section 80.

82. Requirement relating to information etc. held by superior landlord.

83. Supplementary provisions.

84. Interpretation of Chapter V.

Chapter VI MISCELLANEOUS

Compulsory acquisition of landlord’s interest

85. Amendment of Part III of Landlord and Tenant Act 1987.

Variation of leases

86. Variation of leases under Part IV of Landlord and Tenant Act 1987.

Codes of practice

87. Approval by Secretary of State of codes of management practice.

Jurisdiction of leasehold valuation tribunals in relation to enfranchisement etc. of Crown land

88. Jurisdiction of leasehold valuation tribunals in relation to enfranchisement etc. of Crown land.

Provision of accommodation for persons with mental disorders

89. Avoidance of provisions preventing occupation of leasehold property by persons with mental disorders.

Chapter VII GENERAL

90. Jurisdiction of county courts.

91. Jurisdiction of leasehold valuation tribunals.

92. Enforcement of obligations under Chapters I and II.

93. Agreements excluding or modifying rights of tenant under Chapter I or II.

93A. Powers of trustees in relation to rights under Chapters I and II.

94. Crown land.

95. Saving for National Trust.

96. Property within cathedral precinct.

97. Registration of notices, applications and orders under Chapters I and II.

98. Power to prescribe procedure under Chapters I and II.

99. Notices.

100. Orders and regulations.

101. General interpretation of Part I.

102. Term date and other matters relating to periodical tenancies.

103. Application of Part I to Isles of Scilly.

Part II PUBLIC SECTOR HOUSING

Chapter I ENGLAND AND WALES

Right to buy

104. Landlord’s notice of purchase price and other matters.

105. Tenant’s notice of intention etc.

106. Exceptions to the right to buy.

Abolition of certain ancillary rights

107. Abolition of right to a mortgage, right to defer completion and right to be granted a shared ownership lease.

Right to acquire on rent to mortgage terms

108. Right to acquire on rent to mortgage terms.

109. Tenant’s notice claiming right.

110. Landlord’s notice admitting or denying right.

111. Tenant’s notice of intention etc.

112. Notice of landlord’s share and initial discount.

113. Determination of landlord’s share, initial discount etc.

114. Change of landlord after notice claiming right.

115. Duty of landlord to convey freehold or grant lease.

116. Terms and effect of conveyance or grant: general.

117. Redemption of landlord’s share.

118. Mortgage for securing redemption of landlord’s share.

119. Landlord’s notices to complete.

120. Repayment of discount on early disposal.

Other rights of secure tenants

121. Right to have repairs carried out.

122. Right to compensation for improvements.

123. Right to information.

124. Existing rights with respect to disposals by housing action trusts.

125. New rights with respect to such disposals.

Housing welfare services

126. Provision of housing welfare services.

127. Accounting for housing welfare services.

128. Power to repeal provisions made by sections 126 and 127.

Delegation of housing management

129. Management agreements.

130. Consultation with respect to management agreements.

131. Management agreements and compulsory competitive tendering.

132. Management agreements with tenant management organisations.

Priority of charges securing repayment of discount

133. Voluntary disposals by local authorities.

134. Voluntary disposals by housing associations.

Disposals of dwelling-houses by local authorities

135. Programmes for disposals.

136. Levy on disposals.

137. Disposals: transitional provisions.

Expenses on defective housing

138. Contributions in respect of certain post-March 1989 expenses.

139. Contributions in respect of certain pre-April 1989 expenses.

Housing Revenue Account subsidy

140. Calculation of Housing Revenue Account subsidy.

Chapter II SCOTLAND

Rent to loan scheme

141. Eligibility for rent to loan scheme.

142. The rent to loan scheme.

143. Rent to loan scheme: related amendments.

Right to purchase

144. Abatement of purchase price.

145. Effect of abatement of purchase price on recovery of discount.

Other rights of secure tenants

146. Right to have repairs carried out.

147. Right to compensation for improvements.

148. Right to information.

Housing welfare services

149. Provision of housing welfare services.

150. Accounting for housing welfare services.

151. Power to repeal provisions relating to housing welfare services.

Miscellaneous

152. Management agreements with housing co-operatives.

153. Standards and performance in housing management.

154. Further provision as to allocation of housing.

155. Rules relating to housing list.

156. Defective dwellings: damages for landlord’s failure to notify.

157. Other amendments of 1987 Act.

Part III DEVELOPMENT OF URBAN AND OTHER AREAS

The Urban Regeneration Agency

158. The Agency.

159. Objects of Agency.

160. General powers of Agency.

161. Vesting of land by order.

162. Acquisition of land.

163. Power to enter and survey land.

164. Financial assistance.

165. Connection of private streets to highway.

The Agency: supplemental

166. Consents of Secretary of State.

167. Guidance and directions by Secretary of State.

168. Validity of transactions.

169. Supplementary provisions as to vesting and acquisition of land.

Designation orders and their effect

170. Power to make designation orders.

171. Agency as local planning authority.

172. Adoption of private streets.

173. Traffic regulation orders for private streets.

Other functions of Secretary of State

174. Financial assistance for urban regeneration.

175. Power to appoint Agency as agent.

176. Power to direct disposal of unused etc. land held by public bodies.

Urban development corporations

177. Power to act as agents of Agency.

178. Powers with respect to private streets.

179. Adjustment of areas.

180. Transfers of property, rights and liabilities.

Miscellaneous

181. No compensation where planning decision made after certain acquisitions.

182. Powers of housing action trusts with respect to private streets.

Supplemental

183. Notices.

184. Dissolution of English Industrial Estates Corporation.

185. Interpretation of Part III.

Part IV SUPPLEMENTAL

186. Financial provisions.

187. Amendments and repeals.

188. Short title, commencement and extent.

SCHEDULES

SCHEDULE 1

 CONDUCT OF PROCEEDINGS BY THE REVERSIONER ON BEHALF OF OTHER LANDLORDS

SCHEDULE 2

 SPECIAL CATEGORIES OF LANDLORDS

SCHEDULE 3

 THE INITIAL NOTICE: SUPPLEMENTARY PROVISIONS

SCHEDULE 4

 INFORMATION TO BE FURNISHED BY REVERSIONER ABOUT EXERCISE OF RIGHTS UNDER CHAPTER II

SCHEDULE 5

 VESTING ORDERS UNDER SECTIONS 24 AND 25

SCHEDULE 6

 PURCHASE PRICE PAYABLE BY NOMINEE PURCHASER

SCHEDULE 7

 CONVEYANCE TO NOMINEE PURCHASER ON ENFRANCHISEMENT

SCHEDULE 8

 DISCHARGE OF MORTGAGES ETC.: SUPPLEMENTARY PROVISIONS

SCHEDULE 9

 GRANT OF LEASES BACK TO FORMER FREEHOLDER

SCHEDULE 10

 ACQUISITION OF INTERESTS FROM LOCAL AUTHORITIES ETC.

SCHEDULE 11

 PROCEDURE WHERE COMPETENT LANDLORD IS NOT TENANT’S IMMEDIATE LANDLORD

SCHEDULE 12

 THE TENANT’S NOTICE: SUPPLEMENTARY PROVISIONS

SCHEDULE 13

 PREMIUM AND OTHER AMOUNTS PAYABLE BY TENANT ON GRANT OF NEW LEASE

SCHEDULE 14

 PROVISIONS SUPPLEMENTARY TO SECTION 61

SCHEDULE 15

SECTION 9 OF THE LEASEHOLD REFORM ACT 1967, AS AMENDED

SCHEDULE 16

 SCHEDULE INSERTED AFTER SCHEDULE 6 TO THE HOUSING ACT 1985

SCHEDULE 17

 Constitution of the agency

SCHEDULE 18

 FINANCES OF THE AGENCY

SCHEDULE 19

 VESTING OF LAND IN THE AGENCY: MODIFICATIONS OF ENACTMENTS

SCHEDULE 20

 THE AGENCY: LAND

SCHEDULE 21

 MINOR AND CONSEQUENTIAL AMENDMENTS

SCHEDULE 22

 REPEALS