SCHEDULES

SCHEDULE 10 Section 107: consequential amendments

20

1

Schedule 9 (grant of leases back to former freeholder) shall be amended as follows.

2

In paragraph 1—

a

for the definition of “the appropriate time” there shall be substituted—

“the appropriate time”, in relation to a flat or other unit contained in the specified premises, means the time when the freehold of the flat or other unit is acquired by the nominee purchaser;

b

for the definition of “the freeholder” there shall be substituted—

“the freeholder”, in relation to a flat or other unit contained in the specified premises, means the person who owns the freehold of the flat or other unit immediately before the appropriate time;

3

In paragraph 2, in sub-paragraph (1), for “contained in the specified premises” there shall be substituted “ falling within sub-paragraph (1A) ”, and after that sub-paragraph there shall be inserted—

1A

A flat falls within this sub-paragraph if—

a

the freehold of the whole of it is owned by the same person, and

b

it is contained in the specified premises.

4

In paragraph 3, in sub-paragraph (1), for “contained in the specified premises” there shall be substituted “ falling within sub-paragraph (1A) ”, and after that sub-paragraph there shall be inserted—

1A

A flat falls within this sub-paragraph if—

a

the freehold of the whole of it is owned by the same person, and

b

it is contained in the specified premises.

5

In paragraph 5, in sub-paragraph (1), for “contained in the specified premises” there shall be substituted “ falling within sub-paragraph (1A) ”, and after that sub-paragraph there shall be inserted—

1A

A unit falls within this sub-paragraph if—

a

the freehold of the whole of it is owned by the same person, and

b

it is contained in the specified premises.

6

In paragraph 6, for sub-paragraphs (1) and (2) there shall be substituted—

1

Sub-paragraph (2) applies where, immediately before the freehold of a flat or other unit contained in the specified premises is acquired by the nominee purchaser—

a

those premises are premises with a resident landlord by virtue of the occupation of the flat or other unit by the freeholder of it, and

b

the freeholder of the flat or other unit is a qualifying tenant of it.

2

If the freeholder of the flat or other unit (“the relevant unit”) by notice requires the nominee purchaser to do so, the nominee purchaser shall grant to the freeholder a lease of the relevant unit in accordance with section 36 and paragraph 7 below; and, on the grant of such a lease to the freeholder, he shall be deemed to have surrendered any lease of the relevant unit held by him immediately before the appropriate time.

7

In that paragraph, in sub-paragraph (3), for “(1)(c)” there shall be substituted “ (1)(b) ”.