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The Commonhold and Leasehold Reform Act 2002 (Commencement No. 2 and Savings) (Wales) Order 2004

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Article 2(c)

SCHEDULE 2SAVINGS

Absent landlords — leasehold houses

1.  The amendments made by sections 148 and 149 will not have effect in relation to an application for enfranchisement made under section 27 of the 1967 Act before 31st March 2004.

Definition of service charges

2.  The amendment made by paragraph 7 of Schedule 9 will not apply to costs incurred before 31st March 2004 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 will not apply to an application made under section 24 of the 1987 Act before 31st March 2004.

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 will not apply to an application made under section 29 of that Act before 31st March 2004.

Tenant’s right to a management audit

5.  The amendments made by paragraph 10 of Schedule 9 will not apply to an application made under section 80 of the 1993 Act before 31st March 2004.

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 will 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 31st March 2004.

Insurance

7.  The amendments made by paragraphs 8 to 13 of Schedule 10 and the consequential repeals in the Schedule to the 1985 Act will not apply to a request made under that Schedule before 31st March 2004.

Administration charges: reasonableness, demands and liability to pay

8.  Paragraphs 2 to 5 of Schedule 11 will not apply to an administration charge that was payable before 31st March 2004.

Administration charges: appointment of a manager

9.  The amendments made by paragraph 8 of Schedule 11 will not apply to an application made under section 24 of the 1987 Act before 31st March 2004.

Charges under estate management schemes

10.  Section 159 will not apply to a charge under an estate management scheme that was payable before 31st March 2004.

Variation of leases: transfer of jurisdiction

11.  The amendments made by section 163 will not have effect in relation to an application made to the court under Part 4 of the 1987 Act before 31st March 2004.

Crown land: variation of leases

12.  A variation of any tenancy effected by or in pursuance of an order made before 31st March 2004 under section 38 of the 1987 Act will 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 will 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 31st March 2004.

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