The Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) (Amendment) Regulations 1988

Statutory Instruments

1988 No. 484

LANDLORD AND TENANT

The Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) (Amendment) Regulations 1988

Made

10th March 1988

Laid before Parliament

21st March 1988

Coming into force

18th April 1988

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by section 74(1) of the Rent Act 1977((1)) and by section 13(2) of the Landlord and Tenant Act 1987((2)) (as applied by section 31(5) of that Act), and of all other powers enabling them in that behalf, and after consultation with the Council on Tribunals, hereby make the following Regulations:—

Citation and commencement

1.  These Regulations may be cited as the Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) (Amendment) Regulations 1988 and shall come into force on 18th April 1988.

Interpretation

2.  In these Regulations:—

“the 1971 Regulations” means the Rent Assessment Committees (England and Wales) Regulations 1971((3)); and

“the 1981 Regulations” means the Rent Assessment Committee (England and Wales) (Leasehold Valuation Tribunal) Regulations 1981((4)).

3.  The 1971 Regulations are amended by the addition in regulation 2(2), in the definition of “committee”, after the words “section 13 (determination by rent assessment committees of questions relating to purchase notices)” of the words “or by section 31 (determination of terms by rent assessment committees)”.

The 1981 Regulations

4.  The 1981 Regulations are amended as follows:—

(a) in regulation 2, after the words “or under section 13”, insert the words “or section 31”;

(b) in regulation 3

(i) at the end of paragraph (c) delete the word “and”;

(ii) after paragraph (d) insert the following words

“and

(e) in the case of an application under section 31 of the Landlord and Tenant Act 1987, Form No. 5 in the Schedule hereto,”;

(c) in the Schedule, after Form No. 4, add, as Form No. 5, the form set out in the Schedule to these Regulations.

Nicholas Ridley

Secretary of State for the Environment

9th March 1988

Peter Walker

Secretary of State for Wales

10th March 1988

Article 4(c)

SCHEDULE FORM TO BE ADDED TO THE SCHEDULE TO THE 1981 REGULATIONS

FORM NO. 5 LANDLORD AND TENANT ACT 1987SECTION 31Application and Particulars

Explanatory Note

(This note is not part of the Regulations)

Part III of the Landlord and Tenant Act 1987 confers a right for tenants of flats in specified circumstances to apply to the Court for an acquisition order. Such order provides for a person nominated by the tenants to acquire their landlord’s interest in the premises without his consent. Section 31 and section 13 as applied by section 31(5) provide for a rent assessment committee, acting as a Leasehold Valuation Tribunal, to determine the terms on which the landlord’s interest in the premises may be acquired to the extent that the terms have not been agreed or are not provided for by sections 32 and 33 of the Act.

These Regulations amend the Regulations prescribing the procedure to be followed by rent assessment committees, when constituted as Leasehold Valuation Tribunals, to enable them to deal with matters arising under section 31. They also prescribe the form of application to be used in such cases.

(1)

1977 c. 42.

(2)

1987 c. 31.

(3)

S.I. 1971/1065; the relevant amending instruments are S.I. 1980/1699 and 1987/2178.

(4)

S.I. 1981/271; the relevant amending instrument is S.I. 1987/2178.