Commonhold and Leasehold Reform Act 2002 (c. 15)

Part 2 E+W Leasehold reform

Chapter 4 E+W Leasehold houses

Purchase price E+W

145 Tenant’s share of marriage value E+W

(1) Section 9 of the 1967 Act (purchase price etc.) is amended as follows.

(2) In subsection (1C) (purchase price payable where the right to acquire freehold arises by virtue of section 1A, 1AA or 1B), omit paragraph (a) (tenant’s share of marriage value not to exceed one-half).

(3) After that subsection insert—

“(1D) Where, in determining the price payable for a house and premises in accordance with this section, there falls to be taken into account any marriage value arising by virtue of the coalescence of the freehold and leasehold interests, the share of the marriage value to which the tenant is to be regarded as being entitled shall be one-half of it.”

Commencement Information

I1 S. 145 wholly in force at 1.1.2003; s. 145 not in force at Royal Assent, see s. 181(1); s. 145 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. 145 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)

146 Disregard of marriage value in case of very long leases E+W

In section 9 of the 1967 Act (purchase price etc.), after subsection (1D) (inserted by section 145) insert—

“(1E) But where at the relevant time the unexpired term of the tenant’s tenancy exceeds eighty years, the marriage value shall be taken to be nil.”

Commencement Information

I2 S. 146 wholly in force at 1.1.2003; s. 146 not in force at Royal Assent, see s. 181(1); s. 146 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. 146 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)

147 Purchase price for enfranchisement during lease extension E+W

(1) In section 9 of the 1967 Act (purchase price on enfranchisement), in subsection (1C) (cases where price is to be determined in accordance with subsection (1A)), after “1B above” insert “ , or where the tenancy of the house and premises has been extended under section 14 below and the notice under section 8(1) above was given (whether by the tenant or a sub-tenant) after the original term date of the tenancy, ”.

(2) In section 9A(1) of the 1967 Act (compensation payable in certain cases), after “1B above” insert “ or where the tenancy of the house and premises has been extended under section 14 below and the notice under section 8(1) above was given (whether by the tenant or a sub-tenant) after the original term date of the tenancy ”.

Commencement Information

I3 S. 147 wholly in force at 1.1.2003; s. 147 not in force at Royal Assent, see s. 181(1); s. 147 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. 147 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)