Search Legislation

Housing and Planning Act 2016

Status:

This is the original version (as it was originally enacted).

Section 136

SCHEDULE 10Enfranchisement and extension of long leaseholds: calculations

This schedule has no associated Explanatory Notes

Leasehold Reform Act 1967

1(1)In Schedule 1 to the Leasehold Reform Act 1967 (enfranchisement and extension by sub-tenants), paragraph 7A is amended as follows.

(2)For sub-paragraph (1) substitute—

(1)The price payable for a minor superior tenancy is to be calculated in accordance with regulations made by the appropriate national authority instead of in accordance with section 9.

(3)Omit sub-paragraphs (5) and (6).

(4)At the end insert—

(7)In sub-paragraph (1) “appropriate national authority” means—

(a)in relation to a tenancy of land in England, the Secretary of State;

(b)in relation to a tenancy of land in Wales, the Welsh Ministers.

(8)Regulations under sub-paragraph (1) may include transitional provision.

(9)Regulations under sub-paragraph (1) are to be made by statutory instrument.

(10)A statutory instrument containing regulations under sub-paragraph (1) is subject to annulment—

(a)in the case of an instrument made by the Secretary of State, in pursuance of a resolution of either House of Parliament;

(b)in the case of an instrument made by the Welsh Ministers, in pursuance of a resolution of the National Assembly for Wales.

(5)The amendments made by this paragraph apply to cases where the relevant time is—

(a)before this Act is passed, but

(b)on or after 11 July 2015,

as well as to cases where the relevant time is after this Act is passed.

(6)The “relevant time” has the meaning given by section 37(1)(d) of the Leasehold Reform Act 1967.

Leasehold Reform, Housing and Urban Development Act 1993

2The Leasehold Reform, Housing and Urban Development Act 1993 is amended as follows.

3(1)Section 100 (orders and regulations) is amended as follows.

(2)In subsection (1), after “Secretary of State” insert “or the Welsh Ministers”.

(3)After subsection (2) insert—

(3)Any power of the Welsh Ministers to make regulations under this Part shall be exercisable by statutory instrument which (except in the case of regulations making only such provision as is mentioned in section 99(6)) shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

4(1)In Schedule 6, paragraph 7 is amended as follows.

(2)For sub-paragraph (2) substitute—

(2)The value of an intermediate leasehold interest which is the interest of the tenant under a minor intermediate lease is to be calculated in accordance with regulations made by the appropriate national authority instead of in accordance with sub-paragraph (1).

(3)In sub-paragraph (4)—

(a)for “formula set out in sub-paragraph (7)” substitute “calculation method mentioned in sub-paragraph (2)”;

(b)for “by so applying the formula” substitute “in accordance with that method”.

(4)Omit sub-paragraphs (7) and (8).

(5)After sub-paragraph (10) insert—

(11)In sub-paragraph (2) “appropriate national authority” means—

(a)in relation to a leasehold interest of land in England, the Secretary of State;

(b)in relation to a leasehold interest of land in Wales, the Welsh Ministers.

(6)The amendments made by this paragraph apply to cases where the relevant date is—

(a)before this Act is passed, but

(b)on or after 11 July 2015,

as well as to cases where the relevant date is after this Act is passed.

(7)The “relevant date” has the meaning given by section 1(8) of the Leasehold Reform, Housing and Urban Development Act 1993.

5(1)In Schedule 13 (premium and other amounts payable by tenant on grant of new lease), paragraph 8 is amended as follows.

(2)For sub-paragraph (2) substitute—

(2)The value of an intermediate leasehold interest which is the interest of the tenant under a minor intermediate lease is to be calculated in accordance with regulations made by the appropriate national authority instead of in accordance with sub-paragraph (1).

(3)Omit sub-paragraphs (6) and (7).

(4)After sub-paragraph (9) insert—

(10)In sub-paragraph (2) “appropriate national authority” means—

(a)in relation to a leasehold interest of land in England, the Secretary of State;

(b)in relation to a leasehold interest of land in Wales, the Welsh Ministers.

(5)The amendments made by this paragraph apply to cases where the relevant date is—

(a)before this Act is passed, but

(b)on or after 11 July 2015,

as well as to cases where the relevant date is after this Act is passed.

(6)The “relevant date” has the meaning given by section 39(8) of the Leasehold Reform, Housing and Urban Development Act 1993.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources