Leasehold Reform, Housing and Urban Development Act 1993
Leasehold Reform, Housing and Urban Development Act 1993 (1993 c. 28)
- Leasehold Reform, Housing and Urban Development Act 1993 (1993 c. 28)
- 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 ... 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 ... 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 ... 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 ... tribunals in relation to enfranchisement etc. of Crown land
- 88 Jurisdiction of ... 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 ... 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 132 Management agreements with tenant management organisations.
- Priority of charges securing repayment of discount
- 133 Voluntary disposals by local authorities.
- 134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 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
- Part I THE REVERSIONER
- Freeholder to be reversioner
- Replacement of freeholder by other relevant landlord
- Part IA The reversioner: premises with multiple freeholders
- Initial reversioner
- Change of reversioner
- Part II CONDUCT OF PROCEEDINGS ON BEHALF OF OTHER LANDLORDS
- Acts of reversioner binding on other landlords
- Other landlords acting independently
- Obligations of other landlords to reversioner
- Applications made by other landlords under section 23(1)
- SCHEDULE 2 SPECIAL CATEGORIES OF LANDLORDS
- Interpretation
- Mortgagee in possession of landlord’s interest
- Landlord’s interest vested in custodian trustee
- Landlord under a disability
- Landlord’s interest held in trust
- Landlord’s interest subject to a settlement
- ...
- Ecclesiastical landlords
- SCHEDULE 3 THE INITIAL NOTICE: SUPPLEMENTARY PROVISIONS
- Part I RESTRICTIONS ON PARTICIPATION BY INDIVIDUAL TENANTS, EFFECT OF CLAIMS ON OTHER NOTICES, FORFEITURES ETC.
- Prior notice by tenant terminating lease
- Prior notice by landlord terminating lease
- Orders for possession and pending proceedings for forfeiture etc.
- Institution of compulsory purchase procedures
- Notice terminating lease given by tenant or landlord during currency of claim
- Initial notice operates to prevent termination of tenant’s lease by other means
- Restriction on proceedings against participating tenant to enforce right of re-entry or forfeiture
- Restrictions for purposes of s. 14(3) on tenant electing to become participating tenant during currency of claim
- Effect of tenant’s election on certain notices given by landlord
- Interpretation
- Part II PROCEDURE FOR GIVING COPIES TO RELEVANT LANDLORDS
- Application of Part II
- Qualifying tenants to give copies of initial notice
- Recipient of notice or copy to give further copies
- Consequences of failure to comply with paragraph 12 or 13
- Part III OTHER PROVISIONS
- Inaccuracies or misdescription in initial notice
- Effect on initial notice of tenant’s lack of qualification to participate
- SCHEDULE 4 INFORMATION TO BE FURNISHED BY REVERSIONER ABOUT EXERCISE OF RIGHTS UNDER CHAPTER II
- Information to accompany counter-notice
- Continuing duty to furnish information
- Duty of other landlords to furnish copies to reversioner
- SCHEDULE 5 VESTING ORDERS UNDER SECTIONS 24 AND 25
- Interpretation
- Execution of conveyance
- The appropriate sum
- Effect of payment of appropriate sum into court
- Supplemental
- SCHEDULE 6 PURCHASE PRICE PAYABLE BY NOMINEE PURCHASER
- Part I GENERAL
- Interpretation and operation of Schedule
- Part II FREEHOLD OF SPECIFIED PREMISES
- Price payable for freehold of specified premises
- Value of freeholder’s interest
- Freeholder’s share of marriage value
- Compensation for loss resulting from enfranchisement
- Price payable for freehold of part of specified premises
- Part III INTERMEDIATE LEASEHOLD INTERESTS
- Price payable for intermediate leasehold interests
- Value of intermediate leasehold interests
- Compensation for loss on acquisition of interest
- Owners of intermediate interests entitled to part of marriage value
- Part IV OTHER INTERESTS TO BE ACQUIRED
- Price payable for other interests
- Value of other interests
- Marriage value
- Compensation for loss on acquisition of interest
- Part V VALUATION ETC. OF INTERESTS IN SPECIFIED PREMISES WITH NEGATIVE VALUES
- Valuation of freehold and intermediate leasehold interests
- Calculation of marriage value
- Apportionment of marriage value
- Adjustment of compensation
- Part VI VALUATION ETC. OF OTHER INTERESTS WITH NEGATIVE VALUES
- Valuation of freehold and leasehold interests
- Calculation of marriage value
- Apportionment of marriage value
- Adjustment of compensation
- SCHEDULE 7 CONVEYANCE TO NOMINEE PURCHASER ON ENFRANCHISEMENT
- Interpretation
- General
- Rights of support, passage of water etc.
- Rights of way
- Restrictive covenants
- SCHEDULE 8 DISCHARGE OF MORTGAGES ETC.: SUPPLEMENTARY PROVISIONS
- Construction
- Duty of nominee purchaser to redeem mortgages
- Determination of amounts due in respect of mortgages
- Payments into court
- Savings
- SCHEDULE 9 GRANT OF LEASES BACK TO FORMER FREEHOLDER
- Part I GENERAL
- Part II MANDATORY LEASEBACK
- Flats etc. let under secure tenancies or secure contracts
- Flats etc. let by housing associations under tenancies other than secure tenancies or secure contracts
- Provisions as to terms of lease
- Part III RIGHT OF FREEHOLDER TO REQUIRE LEASEBACK OF CERTAIN UNITS
- Flats without qualifying tenants and other units
- Flat etc. occupied by resident landlord
- Provisions as to terms of lease
- Part IV TERMS OF LEASE GRANTED TO FREEHOLDER
- Duration of lease and rent
- General rights to be granted
- Covenants for title
- Rights of support, passage of water etc.
- Rights of way
- Common use of premises and facilities
- Covenants affecting demised premises
- Covenants by lessor
- Covenants by lessee
- Contributions by lessee
- Assignment and sub-letting of premises
- Restriction on terminating lease
- SCHEDULE 10 ACQUISITION OF INTERESTS FROM LOCAL AUTHORITIES ETC.
- Disapplication of provisions relating to disposals by local authorities etc.
- Provisions relating to secure tenants following leaseback
- SCHEDULE 11 PROCEDURE WHERE COMPETENT LANDLORD IS NOT TENANT’S IMMEDIATE LANDLORD
- Part I PROCEDURE IN RELATION TO TENANT’S NOTICE
- Tenant’s notice may be given to any of the other landlords
- Tenant to give copies of notice
- Recipient of notice or copy to give further copies
- Consequences of failure to comply with paragraph 2 or 3
- Part II CONDUCT OF PROCEEDINGS BY COMPETENT LANDLORD ON BEHALF OF OTHER LANDLORDS
- Counter-notice to specify other landlords
- Acts of competent landlord binding on other landlords
- Other landlords acting independently
- Obligations of other landlords to competent landlord
- Applications made by other landlords under section 47(1)
- Deemed surrender and re-grant of leases of other landlords
- Discharge of existing mortgages
- SCHEDULE 12 THE TENANT’S NOTICE: SUPPLEMENTARY PROVISIONS
- Part I EFFECT OF TENANT’S NOTICE ON OTHER NOTICES, FORFEITURES ETC.
- Prior notice by tenant terminating lease
- Prior notice by landlord terminating lease
- Orders for possession and pending proceedings for forfeiture etc.
- Notice terminating lease given by tenant or landlord during currency of claim
- Tenant’s notice operates to prevent termination of lease
- Restriction on proceedings to enforce right of re-entry or forfeiture
- Effect of notice under section 16(2) of Landlord and Tenant Act 1954 on tenant’s notice
- Interpretation
- Part II OTHER PROVISIONS
- SCHEDULE 13 PREMIUM AND OTHER AMOUNTS PAYABLE BY TENANT ON GRANT OF NEW LEASE
- Part I GENERAL
- Part II PREMIUM PAYABLE IN RESPECT OF GRANT OF NEW LEASE
- Premium payable by tenant
- Diminution in value of landlord’s interest
- Landlord’s share of marriage value
- Compensation for loss arising out of grant of new lease
- Part III AMOUNTS PAYABLE TO OWNERS OF INTERMEDIATE LEASEHOLD INTERESTS
- Amount payable to owner of intermediate interest
- Diminution in value of intermediate interest
- Value of intermediate interests
- Compensation for loss arising out of grant of new lease
- Owners of intermediate interests entitled to part of marriage value
- SCHEDULE 14 PROVISIONS SUPPLEMENTARY TO SECTION 61
- SCHEDULE 15 SECTION 9 OF THE LEASEHOLD REFORM ACT 1967, AS AMENDED
- Purchase price and costs of enfranchisement, and tenant’s right to withdraw.
- 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
- Land Compensation Act 1961 (c. 33)
- Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66)
- SCHEDULE 20 THE AGENCY: LAND
- Part I MODIFICATIONS OF ACQUISITION OF LAND ACT 1981
- Part II LAND: SUPPLEMENTARY
- Extinguishment of rights over land
- Power to override easements
- Consecrated land and burial grounds
- Open spaces
- Displacement of persons
- Extinguishment of public rights of way
- Telegraphic lines
- Statutory undertakers
- Interpretation
- Part III ACQUISITION OF RIGHTS
- SCHEDULE 21 MINOR AND CONSEQUENTIAL AMENDMENTS
- Land Registration Act 1925 (c. 21)
- ...
- ...
- Leasehold Reform Act 1967 (c. 88)
- Land Compensation Act 1973 (c. 26)
- Local Government Act 1974 (c. 7)
- Rent Act 1977 (c. 42)
- Derelict Land Act 1982 (c. 42)
- National Heritage Act 1983 (c. 47)
- Housing Act 1985 (c. 68)
- Landlord and Tenant Act 1987 (c. 31)
- Town and Country Planning Act 1990 (c. 8)
- Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
- ...
- SCHEDULE 22 REPEALS
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