Part IE+W Tenants’ Rights of First Refusal

SupplementaryE+W

20 Construction of Part I and power of Secretary of State to prescribe modifications.E+W

(1)In this Part—

  • acceptance notice” means a notice served on a landlord in pursuance of section 6(1)(b);

  • associated company”, in relation to a body corporate, means another body corporate which is (within the meaning of section 736 of the M1Companies Act 1985) that body’s holding company, a subsidiary of that body or another subsidiary of that body’s holding company;

  • constituent flat” shall be construed in accordance with section 5(8);

  • disposal” has the meaning given by section 4(3), and references to the acquisition of an estate or interest shall be construed accordingly;

  • landlord”, in relation to any premises, shall be construed in accordance with section 2;

  • the new landlord” means any such transferee under a relevant disposal as is mentioned in section 11(1);

  • offer notice” means a notice served by a landlord under section 5;

  • the original disposal” means the relevant disposal referred to in section 11(1);

  • the protected interest” means (subject to section 9(9)) any such estate or interest in any property as is specified in an offer notice in pursuance of section 5(2)(a);

  • purchase notice” means a notice served on a new landlord in pursuance of section 12(1);

  • qualifying tenant”, in relation to a flat, shall be construed in accordance with section 3;

  • relevant disposal” shall be construed in accordance with section 4;

  • the requisite majority”, in relation to qualifying tenants, shall be construed in accordance with section 5(6) and (7);

  • transferee”, in relation to a disposal, shall be construed in accordance with section 4(3).

(2)In this Part—

(a)any reference to an offer or counter-offer is a reference to an offer or counter-offer made subject to contract, and

(b)any reference to the acceptance of an offer or counter-offer is a reference to its acceptance subject to contract.

(3)Any reference in this Part to a tenant of a particular description shall be construed, in relation to any time when the interest under his tenancy has ceased to be vested in him, as a reference to the person who is for the time being the successor in title to that interest.

(4)The Secretary of State may by regulations make such modifications of any of the provisions of sections 5 to 18 as he considers appropriate, and any such regulations may contain such incidental, supplemental or transitional provisions as he considers appropriate in connection with the regulations.

(5)In subsection (4) “modifications” includes additions, omissions and alterations.

Marginal Citations