Search Legislation

Commonhold and Leasehold Reform Act 2002

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Chapter 3

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Commonhold and Leasehold Reform Act 2002, Chapter 3. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Chapter 3E+WNew leases for tenants of flats

IntroductoryE+W

129 Amendments of right to acquire new leaseE+W

This Chapter amends the right of tenants of flats to acquire new leases which is conferred by Chapter 2 of Part 1 of the 1993 Act.

Commencement Information

I1S. 129 wholly in force at 1.1.2003; s. 129 not in force at Royal Assent, see s. 181(1); s. 129 in force at 26.7.2002 for E. by S.I. 2002/1912, art. 2(a); s. 129 in force at 1.1.2003 for W. by S.I. 2002/3012, art.2(a)

Qualifying rulesE+W

130 Replacement of residence testE+W

(1)Section 39 of the 1993 Act (the right) is amended as follows.

(2)In subsection (2)(a) (requirement that tenant is qualifying tenant of flat on the relevant date), for “is” substitute “ has for the last two years been ”.

(3)Omit subsections (2)(b), (2A) and (2B) (requirement that tenant has occupied flat as only or principal home for three years).

Commencement Information

I2S. 130 wholly in force at 1.1.2003; s. 130 not in force at Royal Assent, see s. 181(1); s. 130 in force at 26.7.2002 for E. by S.I. 2002/1912, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2); s. 130 in force at 1.1.2003 for W. by S.I. 2002/3012, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2)

131 Qualifying leasesE+W

In section 39(3) of the 1993 Act (which applies for the purposes of Chapter 2 of Part 1 of the 1993 Act the definition of qualifying tenant in Chapter 1 of that Part), omit paragraphs (c) and (d) (leases at a low rent and leases for a particularly long term).

Commencement Information

I3S. 131 wholly in force at 1.1.2003; s. 131 not in force at Royal Assent, see s. 181(1); s. 131 in force at 26.7.2002 for E. by S.I. 2002/1912, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2); s. 131 in force at 1.1.2003 for W. by S.I. 2002/3012, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2)

132 Personal representativesE+W

(1)In section 39 of the 1993 Act, after subsection (3) insert—

(3A)On the death of a person who has for the two years before his death been a qualifying tenant of a flat, the right conferred by this Chapter is exercisable, subject to and in accordance with this Chapter, by his personal representatives; and, accordingly, in such a case references in this Chapter to the tenant shall, in so far as the context permits, be to the personal representatives.

(2)In section 42 of the 1993 Act (notice by qualifying tenant of claim to exercise right), before subsection (5) insert—

(4A)A notice under this section may not be given by the personal representatives of a tenant later than two years after the grant of probate or letters of administration.

Commencement Information

I4S. 132 wholly in force at 1.1.2003; s. 132 not in force at Royal Assent, see s. 181(1); s. 132 in force at 26.7.2002 for E. by S.I. 2002/1912, art. 2(a); s. 132 in force at 1.1.2003 for W. by S.I. 2002/3012, art.2(a)

133 Crown leasesE+W

In section 94 of the 1993 Act (Crown land), for subsection (2) substitute—

(2)Chapter 2 applies as against a landlord under a lease from the Crown if—

(a)a sub-tenant is seeking a new lease under that Chapter and the landlord, or a superior landlord under a lease from the Crown, is entitled to grant such a new lease without the concurrence of the appropriate authority, or

(b)the appropriate authority notifies the landlord that, as regards any Crown interest affected, it will grant or concur in granting such a new lease.

Commencement Information

I5S. 133 wholly in force at 1.1.2003; s. 133 not in force at Royal Assent, see s. 181(1); s. 133 in force at 26.7.2002 for E. by S.I. 2002/1912, art. 2(a); s. 133 in force at 1.1.2003 for W. by S.I. 2002/3012, art.2(a)

Purchase priceE+W

134 Valuation dateE+W

In Schedule 13 to the 1993 Act (premium and other amounts payable by tenant on grant of new lease), for “the valuation date” (in each place) substitute “ the relevant date ”.

Commencement Information

I6S. 134 wholly in force at 1.1.2003; s. 134 not in force at Royal Assent, see s. 181(1); s. 134 in force at 26.7.2002 for E. by S.I. 2002/1912, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2); s. 134 in force at 1.1.2003 for W. by S.I. 2002/3012, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2)

135 Landlord’s share of marriage valueE+W

In paragraph 4(1) of Schedule 13 to the 1993 Act (landlord’s share of marriage value), for the words after “landlord’s share of the marriage value is” substitute “ 50 per cent. of that amount ”.

Commencement Information

I7S. 135 wholly in force at 1.1.2003; s. 135 not in force at Royal Assent, see s. 181(1); s. 135 in force at 26.7.2002 for E. by S.I. 2002/1912, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2); s. 135 in force at 1.1.2003 for W. by S.I. 2002/3012, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2)

136 Disregard of marriage value in case of very long leasesE+W

(1)Paragraph 4 of Schedule 13 to the 1993 Act (meaning of marriage value) is amended as follows.

(2)In sub-paragraph (2), insert at the beginning “ Subject to sub-paragraph (2A), ”.

(3)After that sub-paragraph insert—

(2A)Where at the relevant date the unexpired term of the tenant’s existing lease exceeds eighty years, the marriage value shall be taken to be nil.

Commencement Information

I8S. 136 wholly in force at 1.1.2003; s. 136 not in force at Royal Assent, see s. 181(1); s. 136 in force at 26.7.2002 for E. by S.I. 2002/1912, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2); s. 136 in force at 1.1.2003 for W. by S.I. 2002/3012, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2)

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?

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

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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