(This note is not part of the Regulations)
These Regulations amend the Leasehold Reform (Notices) Regulations 1997 and provide new forms of notices to be used by tenants applying for enfranchisement and extension of long leaseholds under the Leasehold Reform Act 1967. The new forms are to be used for applications made on or after 1st January 2003. Forms which are substantially to the same effect as those prescribed may also be used.
Most of the amendments are consequential on those made to the Leasehold Reform Act 1967 by Chapter 4 of Part 2 of the Commonhold and Leasehold Reform Act 2002 which introduced the following changes to the qualifying rules for enfranchisement and lease extension:
(i)abolition of the residence test, subject to certain exceptions;
(ii)a new requirement that the tenant must have held the lease for two years;
(iii)abolition of the low rent test;
(iv)the right to buy the freehold within the term of a lease extension;
(v)new rights and qualifying rules for personal representatives of a deceased leaseholder.
There are also minor drafting amendments.