The Commonhold and Leasehold Reform Act 2002 (Commencement No. 2 and Savings) (England) Order 2003

Article 2(c)

SCHEDULE 2 SAVINGS

Absent landlords – leasehold houses

1.  The amendments made by sections 148 and 149 shall not have effect in relation to an application for enfranchisement made under section 27 of the 1967 Act before the first commencement date.

Definition of service charges

2.  The amendment made by paragraph 7 of Schedule 9 shall not apply to costs incurred before the first commencement date in connection with matters for which a service charge is payable.

Meaning of “management” in section 24 of the 1987 Act

3.  The amendment made by paragraph 8 of Schedule 9 shall not apply to an application made under section 24 of the 1987 Act before the first commencement date.

Right to acquire landlord’s interest

4.  The amendment made by paragraph 9 of Schedule 9 and the repeal in section 29 of the 1987 Act shall not apply to an application made under section 29 of that Act before the first commencement date.

Tenant’s right to a management audit

5.  The amendments made by paragraph 10 of Schedule 9 shall not apply to an application made under section 80 of the 1993 Act before the first commencement date.

Liability to pay service charges

6.  The amendment made by section 155 and the repeals of section 19(2A) to (3) of the 1985 Act and of section 83(1) of the 1996 Act shall not have effect in relation to—

(a) any application made to a LVT under section 19(2A) or (2B) of the 1985 Act; or

(b) any proceedings relating to a service charge transferred to a LVT by a county court,

before the first commencement date.

Insurance

7.  The amendments made by paragraphs 8 to 13 of Schedule 10 and the consequential repeals in the Schedule to the 1985 Act shall not apply to a request made under that Schedule before the first commencement date.

Administration charges: reasonableness, demands and liability to pay

8.  Paragraphs 2 to 5 of Schedule 11 shall not apply to an administration charge that was payable before the first commencement date.

Administration charges: appointment of a manager

9.  The amendments made by paragraph 8 of Schedule 11 shall not apply to an application made under section 24 of the 1987 Act before the first commencement date.

Charges under estate management schemes

10.  Section 159 shall not apply to a charge under an estate management scheme that was payable before the first commencement date.

Variation of leases: transfer of jurisdiction

11.  The amendments made by section 163 shall not have effect in relation to an application made to the court under Part 4 of the 1987 Act before the first commencement date.

Crown land: variation of leases

12.  A variation of any tenancy effected by or in pursuance of an order made before the first commencement date under section 38 of the 1987 Act shall not be treated as binding on the Crown, as predecessor in title under the tenancy, by virtue of section 39(1) of that Act.

Leasehold valuation tribunals

13.  Section 175, the amendments made by section 176 and Schedule 13 and the repeals in Part 1 of Schedule 1 to this Order shall not have effect in relation to—

(a) any application made to a LVT; or

(b) any proceedings transferred to a LVT by a county court,

before the first commencement date.