- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)Any party to a long lease of a dwelling may make an application to the court for an order varying the lease, in such manner as is specified in the application, on the grounds that the lease fails to make satisfactory provision with respect to any matter relating to the insurance of the dwelling, including the recovery of the costs of such insurance.
(2)Sections 36 and 38 shall apply to an application under subsection (1) subject to the modifications specified in subsection (3).
(3)Those modifications are as follows—
(a)in section 36—
(i)in subsection (1), the reference to section 35 shall be read as a reference to subsection (1) above, and
(ii)in subsection (2), any reference to a flat shall be read as a reference to a dwelling; and
(b)in section 38—
(i)any reference to an application under section 35 shall be read as a reference to an application under subsection (1) above, and
(ii)any reference to an application under section 36 shall be read as a reference to an application under section 36 as applied by subsection (2) above.
(4)For the purposes of this section a long lease shall not be regarded as a long lease of a dwelling if the demised premises consist of or include the dwelling and one or more other dwellings; and this section does not apply to a long lease of a dwelling if it constitutes a tenancy to which Part II of the [1954 c. 56.] Landlord and Tenant Act 1954 applies (other than an assured tenancy as defined in section 56(1) of the [1980 c. 51.] Housing Act 1980).
(5)In this section "dwelling" means a dwelling other than a flat.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: