Part 2

Leasehold reform
Chapter 5

Other provisions about leases

Variation of leases

Grounds for application by party to lease
162
1
Section 35 of the 1987 Act (application by party to lease for variation of lease) is amended as follows.
2
In subsection (2) (grounds for application), for paragraph (b) substitute—
b
the insurance of the building containing the flat or of any such land or building as is mentioned in paragraph (a)(iii);
.
3
After paragraph (f) of that subsection insert—
g
such other matters as may be prescribed by regulations made by the Secretary of State.
4
After subsection (3) insert—
3A
For the purposes of subsection (2)(e) the factors for determining, in relation to a service charge payable under a lease, whether the lease makes satisfactory provision include whether it makes provision for an amount to be payable (by way of interest or otherwise) in respect of a failure to pay the service charge by the due date.
5
In section 53(2)(b) of the 1987 Act (regulations subject to negative Parliamentary procedure), after “section 20(4)” insert “ or 35(2)(g) ”.
S. 162 wholly in force at 1.1.2003; s. 162 not in force at Royal Assent, see s. 181(1); s. 162 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. 162 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)