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

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Article 2(c)(iv)

SCHEDULE 1REPEALS

PART 1LEASEHOLD VALUATION TRIBUNALS

Short title and chapterExtent of repeal
Leasehold Reform Act 1967 (c. 88)Section 21(1A) and (3) to (4A).
Housing Act 1980 (c. 51)

In section 142—

  • subsection (2), and

  • in subsection (3), the words from the beginning to “and”.

In Schedule 22—

  • Part 1, and

  • in Part 2, paragraph 8(4) to (6).

Landlord and Tenant Act 1985 (c. 70)

Sections 31A to 31C.

In the Schedule, paragraph 8(5).

Landlord and Tenant Act 1987 (c. 31)

Section 23(2).

Sections 24A and 24B.

In section 38, in the sidenote, the words “by the court”.

Section 52A

In section 53(2), the words “under section 52A(3) or”.

Tribunals and Inquiries Act 1992 (c. 53)In Schedule 3, paragraph 13.

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

Leasehold Reform, Housing and Urban Development Act 1993 Cont'd

Section 75(4) and (5).

In section 88—

  • in subsection (2)(b), the words “constituted for the purposes of that Part of that Act”, andsubsections (3) to (5) and (7).

In section 91—

  • in subsection (1), the words from the beginning to “this section; and”,

  • subsections (3) to (8),

  • subsection (10), and

  • in subsection (11), the words from “and the reference” to the end.

In section 94, in subsection (10), the words from “and references in this subsection” to the end.

In section 101(1), the definition of “rent assessment committee”.

Housing Act 1996 (c. 52)

Section 83(3).

Section 86(4) and (5).

Section 119.

In Schedule 6, in Part 4, paragraphs 7 and 8.

PART 2OTHER REPEALS

Short title and chapterExtent of repeal
Landlord and Tenant Act 1985 (c. 70)

Section 19(2A) to (3).

In section 39, the entry relating to the expression “flat”.

In the Schedule—

  • in the heading before paragraph 2, the words “Request for”,

  • in the heading before paragraph 4, the words “Request relating to”,

  • in the heading before paragraph 5, the words “on request”.

Landlord and Tenant Act 1987 (c. 31)

In section 29(2)(a), the words “repair, maintenance, insurance or”.

Section 56(2).

In Schedule 2, paragraphs 3 and 7.

Housing Act 1996 (c. 52)

Section 83(1).

In Schedule 9, paragraph 2(3) and (7).

Article 2(c)

SCHEDULE 2SAVINGS

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.

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