Leasehold Reform Act 1967 (c. 88)

SCHEDULES

[F1 SCHEDULE 4A E+W Exclusion of Certain Shared Ownership Leases

Textual Amendments

F1 Schedule 4A inserted by Housing and Planning Act 1986 (c. 63, SIF 75:1), s. 18, Sch. 4 para. 6

Certain leases granted by certain public authorities E+W

2 (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 [F2 , to a relevant housing provider] [F3 or 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, [F4 county borough,] district or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

(b) F5 . . . a joint authority established by Part IV of the Local Government Act M1 1985;

[F6 (ba) a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;]

[F7 (bb)]

[F8 the London Fire Commissioner;]

[F9 (bc) a Mayoral development corporation;]

(c) the [F10 new towns residuary body] or a development corporation established by an order made, or having effect as made, under the New Towns Act M2 1981;

(d) an urban development corporation within the meaning of Part XVI of the Local Government, Planning and Land Act M3 1980;

F11 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12 (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 [F13 or to a relevant housing provider].

(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.

[F14 (5) In this paragraph “relevant housing provider” means–

(a) in relation to a lease of social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, a private registered provider of social housing, or

(b) a registered social landlord within the meaning of Part 1 of the Housing Act 1996.]]

Textual Amendments

F2 Words in Sch. 4A para. 2(1) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 2(2)(a) (with art. 6, Sch. 3)

F3 Words added by Housing Act 1988 (c. 50, SIF 61), s. 140, Sch. 17 para. 17(1)

F4 Words in Sch. 4A para. 2(2)(a) inserted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 1(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3 Sch. 1

F5 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13 Pt. I

F6 Sch. 4A para. 2(2)(ba) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 19; S.I. 2017/399, reg. 2, Sch. para. 38

F7 Sch. 4A para. 2(bb) inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 9 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(a)(h)

F8 Sch. 4A para. 2(2)(bb) substituted (31.1.2017 for specified purposes,1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 29; S.I. 2018/277, reg. 4(c)

F9 Sch. 4A para. 2(2)(bc) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 1

F10 Words in Sch. 4A para. 2(2)(c) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 12; S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

F11 Sch. 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

F12 Para. 2(2)(f) added by Housing Act 1988 (c. 50, SIF 61), s. 140, Sch. 17 para. 17(2)

F13 Words in Sch. 4A para. 2(3)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 2(2)(b) (with art. 6, Sch. 3)

F14 Sch. 4A para. 2(5) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 2(2)(c) (with art. 6, Sch. 3)

Modifications etc. (not altering text)

C1 Sch. 4A para. 2 extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 24(c) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

Marginal Citations

M1 1985 c.51 (81:1).

M2 1981 c.64 (123:3).

M3 1980 c.65 (123:1, 2).