Leasehold Reform Act 1967

[F1 1AA Additional right to enfranchisement only in case of houses whose rent exceeds applicable limit under section 4. E+W

(1) Where—

(a) section 1(1) above would apply in the case of the tenant of a house but for the fact that the tenancy is not a tenancy at a low rent, and

(b) the tenancy [F2 falls within subsection (2) below and] is not an excluded tenancy,

this Part of this Act shall have effect to confer on the tenant the same right to acquire the freehold of the house and premises as would be conferred by section 1(1) above if it were a tenancy at a low rent.

[F3 (2) A tenancy falls within this subsection if—

(a) it is granted for a term of years certain exceeding thirty-five years, whether or not it is (or may become) terminable before the end of that term by notice given by or to the tenant or by re-entry, forfeiture or otherwise,

(b) it is for a term fixed by law under a grant with a covenant or obligation for perpetual renewal, unless it is a tenancy by sub-demise from one which is not a tenancy which falls within this subsection,

(c) it is a tenancy taking effect under section 149(6) of the M1 Law of Property Act 1925 (leases terminable after a death or marriage), or

(d) it is a tenancy which—

(i) is or has been granted for a term of years certain not exceeding thirty-five years, but with a covenant or obligation for renewal without payment of a premium (but not for perpetual renewal), and

(ii) is or has been once or more renewed so as to bring to more than thirty-five years the total of the terms granted (including any interval between the end of a tenancy and the grant of a renewal).]

(3) A tenancy is an excluded tenancy for the purposes of subsection (1) above if—

(a) the house which the tenant occupies under the tenancy is in an area designated for the purposes of this provision as a rural area by order made by the Secretary of State,

(b) the freehold of that house is owned together with adjoining land which is not occupied for residential purposes and has been owned together with such land since [F4 1st April 1997 (the date on which section 106 of the Housing Act 1996 came into force)], and

[F5 (c) the tenancy either—

(i) was granted on or before that date, or

(ii) was granted after that date, but on or before the coming into force of section 141 of the Commonhold and Leasehold Reform Act 2002, for a term of years certain not exceeding thirty-five years.]

(4) Where this Part of this Act applies as if there were a single tenancy of property comprised in two or more separate tenancies, then, if each of the separate tenancies falls within subsection (2) above, this section shall apply as if the single tenancy did so.

(5) The power to make an order under subsection (3) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F1 S. 1AA inserted (1.4.1997) by 1996 c. 52, s. 106, Sch. 9 para. 1; S.I. 1997/618, art. 2(1) (with Sch.)

F2 Words in s. 1AA(1)(b) repealed (26.7.2002 for E. and otherwiseprosp.) by 2002 c. 15, ss. 141(2)(a), 180, 181(4)(b), Sch. 14; S.I. 2002/1912, art. 2(b), Sch. 1 Pt. 3 (subject to transitional provisions and savings in Sch. 2 of the commencing S.I.)

F3 S. 1AA(2) repealed (26.7.2002 for E. and otherwiseprosp.) by 2002 c. 15, ss. 141(2)(b), 180, 181(4)(b), Sch. 14; S.I. 2002/1912, art. 2(b), Sch. 1 Pt. 3 (subject to transitional provisions and savings in Sch. 2 of the commencing S.I.)

F4 Words in s. 1AA(3)(b) substituted (26.7.2002 for E. and otherwiseprosp.) by 2002 c. 15, ss. 141(3)(a), 181(4)(b); S.I. 2002/1912, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2 of the commencing S.I.)

F5 S. 1AA(3)(c) substituted (26.7.2002 for E. and otherwiseprosp.) by 2002 c. 15, ss. 141(3)(b), 181(4)(b); S.I. 2002/1912, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2 of the commencing S.I.)

Marginal Citations

M1 1925 c. 20.