Commonhold and Leasehold Reform Act 2002

Prospective

163 Transfer of jurisdiction of court to tribunalE+W
This sectionnoteType=Explanatory Notes has no associated

(1)Part 4 of the 1987 Act (variation of leases) is amended as follows.

(2)In section 35 (application by party to lease for variation of lease)—

(a)in subsection (1), for “the court” substitute “ a leasehold valuation tribunal ”, and

(b)in subsection (5), for “Rules of court” substitute “ Procedure regulations under Schedule 12 to the Commonhold and Leasehold Reform Act 2002 ”.

(3)In section 36(1) (application by respondent for variation of other leases), for “court” substitute “ tribunal ”.

(4)In section 37(1) (application by majority of parties for variation of leases), for “the court” substitute “ a leasehold valuation tribunal ”.

(5)In section 38 (orders varying leases)—

(a)in subsections (1) to (5), for “court” (in each place) substitute “ tribunal ”,

(b)in subsection (6)—

(i)for “The court” substitute “ A tribunal ”, and

(ii)for “the court” substitute “ the tribunal ”,

(c)in subsections (7) to (9), for “The court” substitute “ A tribunal ”, and

(d)in subsection (10)—

(i)for “the court”, in the first place, substitute “ a tribunal ”, and

(ii)for “the court”, in the other two places, substitute “ the tribunal ”.

(6)In section 39 (applications by third parties for orders varying leases)—

(a)in subsection (3)(b), for “the court” substitute “ a leasehold valuation tribunal ”,

(b)in subsection (4), for “The court” substitute “ A tribunal ”, and

(c)in subsection (5)(b), for “court” substitute “ tribunal ”.

(7)In section 40(1) (variation of insurance provisions of dwelling other than flat), for “the court” substitute “ a leasehold valuation tribunal ”.

(8)In consequence of the preceding provisions, in section 52(2)(a) of the 1987 Act (jurisdiction of county courts), for “, 3 and 4” substitute “ and 3 ”.