Commonhold and Leasehold Reform Act 2002

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

37 (1) Schedule 3 (restrictions on participation, effect of claim on other notices, forfeitures etc.) is amended as follows.

(2) In paragraphs 1, 2(1), 3(1) and (2) and 4(1), for “not participate in the giving of” substitute “be disregarded when considering whether the requirement in section 13(2)(b) is satisfied in relation to”.

(3) In paragraph 3(3), for “to participate in the giving of such a notice of claim” substitute “such a notice of claim to be given”.

(4) In paragraph 4(2)—

(a) in paragraph (b), for “participating” substitute “qualifying”, and

(b) for the words from “entitled” to the end substitute “a member of the RTE company.”

(5) In paragraphs 5 and 6(1), for “participating tenant” substitute “participating member of the RTE company”.

(6) In paragraph 7—

(a) in sub-paragraph (1), for “participating tenant” substitute “participating member of the RTE company”,

(b) in that sub-paragraph, for “tenant is participating in the making of the claim” substitute “member is a participating member”, and

(c) in sub-paragraph (2), for the words from “entitled” to the end substitute “a member of the RTE company.”

(7) In sub-paragraph (1) of paragraph 12—

(a) for “qualifying tenants” substitute “RTE company”, and

(b) for “them” substitute “it”,

and in the heading before that paragraph, for “Qualifying tenants” substitute “RTE company”.

(8) In paragraph 12A(1)—

(a) for “qualifying tenants” substitute “RTE company”, and

(b) for “them” substitute “it”.

(9) In paragraph 13(3), for “qualifying tenants by whom” substitute “RTE company by which”.

(10) In paragraph 14—

(a) in sub-paragraph (1), for “any of the qualifying tenants by whom” substitute “a qualifying tenant who was a member of the RTE company by which”, and

(b) in sub-paragraph (2), for “qualifying tenants by whom” substitute “RTE company by which”.

(11) In paragraph 15(1), after “required by” insert “or by virtue of”.

(12) For paragraph 16 (and the heading before it) substitute—

“Effect on initial notice of member’s lack of qualification

16 Where any of the members of the RTE company by which an initial notice is given was not the qualifying tenant of a flat contained in the premises at the relevant date even though his name was stated in the notice, the notice is not invalidated on that account, so long as a sufficient number of qualifying tenants of flats contained in the premises were members of the company at that date; and for this purpose a “sufficient number” is a number (greater than one) which is not less than one-half of the total number of flats contained in the premises at that date.”