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Leasehold Reform Act 1967

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Commencement Orders bringing legislation that affects this Act into force:

[F1SCHEDULE 4AE+W Exclusion of Certain Shared Ownership Leases

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Amendments (Textual)

Leases granted in pursuance of right to be granted a shared ownership leaseE+W

1A lease granted in pursuance of the right to be granted a shared ownership lease under Part V of the Housing Act M1 1985 is excluded from the operation of this Part of this Act.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

Certain leases granted by certain public authoritiesE+W

F22(1)A lease which—E+W

(a)was granted at a premium by a body mentioned in sub-paragraph (2), and

(b)complies with the conditions set out in sub-paragraph (3),

is excluded from the operation of this Part at any time when the interest of the landlord belongs to such a body [F3, to a registered social landlord][F4or to a person who acquired that interest in exercise of the right conferred by Part IV of the Housing Act 1988].

(2)The bodies are—

(a)a county, [F5county borough,] district or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 a joint authority established by Part IV of the Local Government Act M21985;

[F7(bb)the London Fire and Emergency Planning Authority;]

(c)the Commission for the New Towns or a development corporation established by an order made, or having effect as made, under the New Towns Act M31981;

(d)an urban development corporation within the meaning of Part XVI of the Local Government, Planning and Land Act M41980;

F8(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(f)a housing action trust established under Part III of the Housing Act 1988]

(3)The conditions are that the lease–

(a)provides for the tenant to acquire the freehold for a consideration which is to be calculated in accordance with the lease and which is reasonable, having regard to the premium or premiums paid by the tenant under the lease, and

(b)states the landlord’s opinion that by virtue of this paragraph the tenancy will be excluded from the operation of this Part of this Act at any time when the interest of the landlord belongs to a body mentioned in sub-paragraph (2) above [F10 or to a registered social landlord].

(4)If, in proceedings in which it falls to be determined whether a lease complies with the condition in sub-paragraph (3)(a), the question arises whether the consideration payable by the tenant on acquiring the freehold is reasonable, it is for the landlord to show that it is.

[F11(5)In this paragraph “registered social landlord” has the same meaning as in Part 1 of the Housing Act 1996 (c. 52).]

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Amendments (Textual)

F3Words in Sch. 4A para. 2(1) inserted (26.7.2002 for E. and 1.1.2003 for W.) by 2002 c. 15, s. 144(2)(a); S.I. 2002/1912, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2 of the commencing S.I.); S.I. 2002/3012, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2 of the commencing S.I.)

F8Sch. 4A para. 2(2)(e) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2),141(1), 143(2)); S.I. 1998/2244, art. 4

F10Words in Sch. 4A para. 2(3)(b) inserted (26.7.2002 and E. and 1.1.2003 and W.) by 2002 c. 15, s. 144(2)(b); S.I. 2002/1912, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2 of the commencing S.I.); S.I. 2002/3012, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2 of the commencing S.I.)

F11Sch. 4A para. 2(5) inserted (26.7.2002 for E. and 1.1.2003 for W) by 2002 c. 15, s. 144(2)(c); S.I. 2002/1912, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2 of the commencing S.I.); S.I. 2002/3012, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2 of the commencing S.I.)

Marginal Citations

M21985 c.51 (81:1).

M31981 c.64 (123:3).

M41980 c.65 (123:1, 2).

Certain leases granted by housing associationsE+W

3(1)A lease granted by a housing association and which complies with the conditions set out in sub-paragraph (2) is excluded from the operation of this Part of this Act, whether or not the interest of the landlord still belongs to such an association.E+W

(2)The conditions are that the lease—

(a)was granted for a term of 99 years or more and is not (and cannot become) terminable except in pursuance of a provision for re-entry or forfeiture;

(b)was granted at a premium, calculated by reference to the value of the house or the cost of providing it, of not less than 25 per cent., or such other percentage as may be prescribed, of the figure by reference to which it was calculated;

(c)provides for the tenant to acquire additional shares in the house on terms specified in the lease and complying with such requirements as may be prescribed;

F12(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)if it enables the landlord to require payment for outstanding shares in the house, does so only in such circumstances as may be prescribed;

(f)provides for the tenant to acquire the landlord’s interest on terms specified in the lease and complying with such requirements as may be prescribed; and

(g)states the landlord’s opinion that by virtue of this paragraph the lease is excluded from the operation of this Part of this Act.

(3)In any proceedings the court may, if of the opinion that it is just and equitable to do so, treat a lease as satisfying the conditions in sub-paragraph (2) notwithstanding that the condition specified in paragraph (g) of that sub-paragraph is not satisfied.

(4)In this paragraph “housing association” has the same meaning as in the Housing Associations Act M51985.

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Amendments (Textual)

F12Sch. 4A para. 3(2)(d) repealed (26.7.2002 for E. and 1.1.2003 for W.) by 2002 c. 15, ss. 143(3), 180, Sch. 14; S.I. 2002/1912, art. 2(b)(ii), Sch. 1 Pt. 3 (subject to transitional provisions and savings in Sch. 2 of the commencing S.I.); S.I. 2002/3012, art. 2(b)(ii), Sch. 1 Pt. 3 (subject to transitional provisions and savings in Sch. 2 of the commencing S.I.)

Marginal Citations

4(1)A lease for the elderly granted by a [F13registered housing association] and which complies with the conditions set out in sub-paragraph (2) is excluded from the operation of this Part of this Act at any time when the interest of the landlord belongs to [F14a registered social landlord].E+W

(2)The conditions are that the lease—

(a)is granted at a premium which is calculated by reference to a percentage of the value of the house or of the cost of providing it,

(b)complies, at the time when it is granted, with such requirements as may be prescribed, and

(c)states the landlord’s opinion that by virtue of this paragraph the lease will be excluded from the operation of this Part of this Act at any time when the interest of the landlord belongs to a [F15registered social landlord].

(3)In this paragraph—

lease for the elderly” has such meaning as may be prescribed; and

registered social landlord” has the same meaning as in the Housing Act 1985 (see section 5(4) and (5) of that Act)].

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Power to prescribe matters by regulationsE+W

5(1)The Secretary of State may by regulations prescribe anything requiring to be prescribed for the purposes of this Schedule.E+W

(2)The regulations may—

(a)make different provision for different cases or descriptions of case, including different provision for different areas, and

(b)contain such incidental, supplementary or transitional provisions as the Secretary of State considers appropriate,

and shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

InterpretationE+W

6In this Schedule “lease” means a lease at law or in equity, and references to the grant of a lease shall be construed accordingly.E+W

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