Landlord and Tenant Act 1985

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s. 26(3)(a) words inserted by S.I. 2010/866 Sch. 2 para. 60

Commencement Orders yet to be applied to the Landlord and Tenant Act 1985:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2003/1986 art. 3(1) commences (2002 c. 15)
S.I. 2004/669 art. 2(d) commences (2002 c. 15)
S.I. 2005/1353 art. 2(d) commences (2002 c. 15)
S.I. 2009/803 art. 1(2) 10 commences (2008 c. 17)
S.I. 2010/862 art. 2 commences (2008 c. 17)
S.I. 2011/3019 art. 3 Sch. 1 commences (2011 c. 13)
S.I. 2012/628 art. 2-8 commences (2011 c. 20)
S.I. 2012/1205 art. 2-4 commences (Commencment order for 2012 c. 9)

26 Exception: tenants of certain public authorities. E+W

(1)Sections 18 to 25 (limitation on service charges and requests for information about costs) do not apply to a service charge payable by a tenant of—

a local authority,
[F1a National Park authority [F2, or]]
a new town corporation, F3. . .
F3. . .

unless the tenancy is a long tenancy, in which case sections 18 to 24 apply but section 25 (offence of failure to comply) does not.

(2)The following are long tenancies for the purposes of subsection (1), subject to subsection (3)—

(a)a tenancy granted for a term certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture;

(b)a tenancy for a term fixed by law under a grant with a covenant or obligation for perpetual renewal, other than a tenancy by sub-demise from one which is not a long tenancy;

(c)any tenancy granted in pursuance of Part V of the M1Housing Act 1985 (the right to buy) [F4 , including any tenancy granted in pursuance of that Part as it had effect by virtue of section 17 of the Housing Act 1996 (the right to acquire).]

(3)A tenancy granted so as to become terminable by notice after a death is not a long tenancy for the purposes of subsection (1), unless—

(a)it is granted by a housing association which at the time of the grant is [F5a registered social landlord],

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

(c)at the time it is granted it complies with the requirements of the regulations then in force under section 140(4)(b) of the M2Housing Act 1980 [F6or paragraph 4(2)(b) of Schedule 4A to the Leasehold Reform Act 1967] (conditions for exclusion of shared ownership leases from Part I of Leasehold Reform Act 1967) or, in the case of a tenancy granted before any such regulations were brought into force, with the first such regulations to be in force.

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Amendments (Textual)

F1Words in s. 26(1) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 25(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)