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Leasehold Reform, Housing and Urban Development Act 1993

1993 CHAPTER 28

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    Landlord and Tenant

    1. Chapter I

      Collective enfranchisement in case of tenants of flats

      1. Preliminary

        1. 1. The right to collective enfranchisement.

        2. 2. Acquisition of leasehold interests.

        3. 3. Premises to which this Chapter applies.

        4. 4. Premises excluded from right.

        5. 5. Qualifying tenants.

        6. 6. Qualifying tenants satisfying residence condition.

        7. 7. Meaning of “long lease”.

        8. 8. Leases at a low rent.

        9. 9. The reversioner and other relevant landlords for the purposes of this Chapter.

        10. 10. Premises with a resident landlord.

      2. Preliminary inquiries by tenants

        1. 11. Right of qualifying tenant to obtain information about superior interests etc.

        2. 12. Right of qualifying tenant to obtain information about other matters.

      3. The initial notice

        1. 13. Notice by qualifying tenants of claim to exercise right.

      4. Participating tenants and nominee purchaser

        1. 14. The participating tenants.

        2. 15. The nominee purchaser: appointment and replacement.

        3. 16. The nominee purchaser: retirement or death.

      5. Procedure following giving of initial notice

        1. 17. Access by relevant landlords for valuation purposes.

        2. 18. Duty of nominee purchaser to disclose existence of agreements affecting specified premises etc.

        3. 19. Effect of initial notice as respects subsequent transactions by freeholder etc.

        4. 20. Right of reversioner to require evidence of tenant’s right to participate.

        5. 21. Reversioner’s counter-notice.

      6. Applications to court or leasehold valuation tribunal

        1. 22. Proceedings relating to validity of initial notice.

        2. 23. Tenants' claim liable to be defeated where landlord intends to redevelop.

        3. 24. Applications where terms in dispute or failure to enter contract.

        4. 25. Applications where reversioner fails to give counter-notice or further counter-notice.

        5. 26. Applications where relevant landlord cannot be found.

        6. 27. Supplementary provisions relating to vesting orders under section 26(1).

      7. Termination of acquisition procedures

        1. 28. Withdrawal from acquisition by participating tenants.

        2. 29. Deemed withdrawal of initial notice.

        3. 30. Effect on initial notice or subsequent contract of institution of compulsory acquisition procedures.

        4. 31. Effect on initial notice of designation for inheritance tax purposes and applications for designation.

      8. Determination of price and costs of enfranchisement

        1. 32. Determination of price.

        2. 33. Costs of enfranchisement.

      9. Completion of acquisition

        1. 34. Conveyance to nominee purchaser.

        2. 35. Discharge of existing mortgages on transfer to nominee purchaser.

        3. 36. Nominee purchaser required to grant leases back to former freeholder in certain circumstances.

        4. 37. Acquisition of interests from local authorities etc.

      10. Supplemental

        1. 38. Interpretation of Chapter I.

    2. Chapter II

      Individual right of tenant of flat to acquire new lease

      1. Preliminary

        1. 39. Right of qualifying tenant of flat to acquire new lease.

        2. 40. The landlord for the purposes of this Chapter.

      2. Preliminary inquiries by qualifying tenant

        1. 41. Right of qualifying tenant to obtain information about superior interests etc.

      3. The tenant’s notice

        1. 42. Notice by qualifying tenant of claim to exercise right.

        2. 43. General provisions as respects effect of tenant’s notice.

      4. Procedure following giving of tenant’s notice

        1. 44. Access by landlords for valuation purposes.

        2. 45. Landlord’s counter-notice.

      5. Applications to court or leasehold valuation tribunal

        1. 46. Proceedings relating to validity of tenant’s notice.

        2. 47. Application to defeat tenant’s claim where landlord intends to redevelop.

        3. 48. Applications where terms in dispute or failure to enter into new lease.

        4. 49. Applications where landlord fails to give counter-notice or further counter-notice.

        5. 50. Applications where landlord cannot be found.

        6. 51. Supplementary provisions relating to vesting orders under section 50(1).

      6. Termination or suspension of acquisition procedures

        1. 52. Withdrawal by tenant from acquisition of new lease.

        2. 53. Deemed withdrawal of tenant’s notice.

        3. 54. Suspension of tenant’s notice during currency of claim under Chapter I.

        4. 55. Effect on tenant’s notice of institution of compulsory acquisition procedures.

      7. Grant of new lease

        1. 56. Obligation to grant new lease.

        2. 57. Terms on which new lease is to be granted.

        3. 58. Grant of new lease where interest of landlord or tenant is subject to a mortgage.

        4. 59. Further renewal, but no security of tenure, after grant of new lease.

      8. Costs incurred in connection with new lease

        1. 60. Costs incurred in connection with new lease to be paid by tenant.

      9. Landlord’s right to terminate new lease

        1. 61. Landlord’s right to terminate new lease on grounds of redevelopment.

      10. Supplemental

        1. 62. Interpretation of Chapter II.

    3. Chapter III

      Enfranchisement under Leasehold Reform Act 1967

      1. Extension of right to enfranchise

        1. 63. Extension of right to enfranchise to houses whose value or rent exceeds applicable limit.

        2. 64. Tenancies terminable after death or marriage.

        3. 65. Additional “low rent” test.

        4. 66. Price payable by tenant on enfranchisement by virtue of section 63 or 64.

      2. Exceptions to right to enfranchise

        1. 67. Exclusion of right to enfranchise in case of houses let by charitable housing trusts.

        2. 68. Exclusion of right in case of property transferred for public benefit etc.

    4. Chapter IV

      Estate management schemes in connection with enfranchisement

      1. 69. Estate management schemes.

      2. 70. Approval by leasehold valuation tribunal of estate management scheme.

      3. 71. Applications by two or more landlords or by representative bodies.

      4. 72. Applications after expiry of two-year period.

      5. 73. Applications by certain public bodies.

      6. 74. Effect of application for approval on claim to acquire freehold.

      7. 75. Variation of existing schemes.

    5. Chapter V

      Tenants' right to management audit

      1. 76. Right to audit management by landlord.

      2. 77. Qualifying tenants.

      3. 78. Management audits.

      4. 79. Rights exercisable in connection with management audits.

      5. 80. Exercise of right to have a management audit.

      6. 81. Procedure following giving of notice under section 80.

      7. 82. Requirement relating to information etc. held by superior landlord.

      8. 83. Supplementary provisions.

      9. 84. Interpretation of Chapter V.

    6. Chapter VI

      Miscellaneous

      1. Compulsory acquisition of landlord’s interest

        1. 85. Amendment of Part III of Landlord and Tenant Act 1987.

      2. Variation of leases

        1. 86. Variation of leases under Part IV of Landlord and Tenant Act 1987.

      3. Codes of practice

        1. 87. Approval by Secretary of State of codes of management practice.

      4. Jurisdiction of leasehold valuation tribunals in relation to enfranchisement etc. of Crown land

        1. 88. Jurisdiction of leasehold valuation tribunals in relation to enfranchisement etc. of Crown land.

      5. Provision of accommodation for persons with mental disorders

        1. 89. Avoidance of provisions preventing occupation of leasehold property by persons with mental disorders.

    7. Chapter VII

      General

      1. 90. Jurisdiction of county courts.

      2. 91. Jurisdiction of leasehold valuation tribunals.

      3. 92. Enforcement of obligations under Chapters I and II.

      4. 93. Agreements excluding or modifying rights of tenant under Chapter I or II.

      5. 94. Crown land.

      6. 95. Saving for National Trust.

      7. 96. Property within cathedral precinct.

      8. 97. Registration of notices, applications and orders under Chapters I and II.

      9. 98. Power to prescribe procedure under Chapters I and II.

      10. 99. Notices.

      11. 100. Orders and regulations.

      12. 101. General interpretation of Part I.

      13. 102. Term date and other matters relating to periodical tenancies.

      14. 103. Application of Part I to Isles of Scilly.

  2. Part II

    Public Sector Housing

    1. Chapter I

      England and Wales

      1. Right to buy

        1. 104. Landlord’s notice of purchase price and other matters.

        2. 105. Tenant’s notice of intention etc.

        3. 106. Exceptions to the right to buy.

      2. Abolition of certain ancillary rights

        1. 107. Abolition of right to a mortgage, right to defer completion and right to be granted a shared ownership lease.

      3. Right to acquire on rent to mortgage terms

        1. 108. Right to acquire on rent to mortgage terms.

        2. 109. Tenant’s notice claiming right.

        3. 110. Landlord’s notice admitting or denying right.

        4. 111. Tenant’s notice of intention etc.

        5. 112. Notice of landlord’s share and initial discount.

        6. 113. Determination of landlord’s share, initial discount etc.

        7. 114. Change of landlord after notice claiming right.

        8. 115. Duty of landlord to convey freehold or grant lease.

        9. 116. Terms and effect of conveyance or grant: general.

        10. 117. Redemption of landlord’s share.

        11. 118. Mortgage for securing redemption of landlord’s share.

        12. 119. Landlord’s notices to complete.

        13. 120. Repayment of discount on early disposal.

      4. Other rights of secure tenants

        1. 121. Right to have repairs carried out.

        2. 122. Right to compensation for improvements.

        3. 123. Right to information.

        4. 124. Existing rights with respect to disposals by housing action trusts.

        5. 125. New rights with respect to such disposals.

      5. Housing welfare services

        1. 126. Provision of housing welfare services.

        2. 127. Accounting for housing welfare services.

        3. 128. Power to repeal provisions made by sections 126 and 127.

      6. Delegation of housing management

        1. 129. Management agreements.

        2. 130. Consultation with respect to management agreements.

        3. 131. Management agreements and compulsory competitive tendering.

        4. 132. Management agreements with tenant management organisations.

      7. Priority of charges securing repayment of discount

        1. 133. Voluntary disposals by local authorities.

        2. 134. Voluntary disposals by housing associations.

      8. Disposals of dwelling-houses by local authorities

        1. 135. Programmes for disposals.

        2. 136. Levy on disposals.

        3. 137. Disposals: transitional provisions.

      9. Expenses on defective housing

        1. 138. Contributions in respect of certain post-March 1989 expenses.

        2. 139. Contributions in respect of certain pre-April 1989 expenses.

      10. Housing Revenue Account subsidy

        1. 140. Calculation of Housing Revenue Account subsidy.

    2. Chapter II

      Scotland

      1. Rent to loan scheme

        1. 141. Eligibility for rent to loan scheme.

        2. 142. The rent to loan scheme.

        3. 143. Rent to loan scheme: related amendments.

      2. Right to purchase

        1. 144. Abatement of purchase price.

        2. 145. Effect of abatement of purchase price on recovery of discount.

      3. Other rights of secure tenants

        1. 146. Right to have repairs carried out.

        2. 147. Right to compensation for improvements.

        3. 148. Right to information.

      4. Housing welfare services

        1. 149. Provision of housing welfare services.

        2. 150. Accounting for housing welfare services.

        3. 151. Power to repeal provisions relating to housing welfare services.

      5. Miscellaneous

        1. 152. Management agreements with housing co-operatives.

        2. 153. Standards and performance in housing management.

        3. 154. Further provision as to allocation of housing.

        4. 155. Rules relating to housing list.

        5. 156. Defective dwellings: damages for landlord’s failure to notify.

        6. 157. Other amendments of 1987 Act.

  3. Part III

    Development of Urban and Other Areas

    1. The Urban Regeneration Agency

      1. 158. The Agency.

      2. 159. Objects of Agency.

      3. 160. General powers of Agency.

      4. 161. Vesting of land by order.

      5. 162. Acquisition of land.

      6. 163. Power to enter and survey land.

      7. 164. Financial assistance.

      8. 165. Connection of private streets to highway.

    2. The Agency: supplemental

      1. 166. Consents of Secretary of State.

      2. 167. Guidance and directions by Secretary of State.

      3. 168. Validity of transactions.

      4. 169. Supplementary provisions as to vesting and acquisition of land.

    3. Designation orders and their effect

      1. 170. Power to make designation orders.

      2. 171. Agency as local planning authority.

      3. 172. Adoption of private streets.

      4. 173. Traffic regulation orders for private streets.

    4. Other functions of Secretary of State

      1. 174. Financial assistance for urban regeneration.

      2. 175. Power to appoint Agency as agent.

      3. 176. Power to direct disposal of unused etc. land held by public bodies.

    5. Urban development corporations

      1. 177. Power to act as agents of Agency.

      2. 178. Powers with respect to private streets.

      3. 179. Adjustment of areas.

      4. 180. Transfers of property, rights and liabilities.

    6. Miscellaneous

      1. 181. No compensation where planning decision made after certain acquisitions.

      2. 182. Powers of housing action trusts with respect to private streets.

    7. Supplemental

      1. 183. Notices.

      2. 184. Dissolution of English Industrial Estates Corporation.

      3. 185. Interpretation of Part III.

  4. Part IV

    Supplemental

    1. 186. Financial provisions.

    2. 187. Amendments and repeals.

    3. 188. Short title, commencement and extent.

    1. Schedule 1

      Conduct of proceedings by reversioner on behalf of other landlords.

      1. Part I

        The reversioner.

      2. Part II

        Conduct of proceedings on behalf of other landlords.

    2. Schedule 2

      Special categories of landlords.

    3. Schedule 3

      The initial notice: supplementary provisions.

      1. Part I

        Restrictions on participation by individual tenants, effect of claims on other notices, forfeitures etc.

      2. Part II

        Procedure for giving copies to relevant landlords.

      3. Part III

        Other provisions.

    4. Schedule 4

      Information to be furnished by reversioner about exercise of rights under Chapter II.

    5. Schedule 5

      Vesting orders under sections 24 and 25.

    6. Schedule 6

      Purchase price payable by nominee purchaser.

      1. Part I

        General.

      2. Part II

        Freehold of specified premises.

      3. Part III

        Intermediate leasehold interests.

      4. Part IV

        Other interests to be acquired.

      5. Part V

        Valuation etc. of interests in specified premises with negative values.

      6. Part VI

        Valuation etc. of other interests with negative values.

    7. Schedule 7

      Conveyance to nominee purchaser on enfranchisement.

    8. Schedule 8

      Discharge of mortgages etc.: supplementary provisions.

    9. Schedule 9

      Grant of leases back to former freeholder.

      1. Part I

        General.

      2. Part II

        Mandatory leaseback.

      3. Part III

        Right of freeholder to require leaseback of certain units.

      4. Part IV

        Terms of lease granted to freeholder.

    10. Schedule 10

      Acquisition of interests from local authorities etc.

    11. Schedule 11

      Procedure where competent landlord is not tenant’s immediate landlord.

      1. Part I

        Procedure in relation to tenant’s notice.

      2. Part II

        Conduct of proceedings by competent landlord on behalf of other landlords.

    12. Schedule 12

      The tenant’s notice: supplementary provisions.

      1. Part I

        Effect of tenant’s notice on other notices, forfeitures etc.

      2. Part II

        Other provisions.

    13. Schedule 13

      Premium and other amounts payable by tenant on grant of new lease.

      1. Part I

        General.

      2. Part II

        Premium payable in respect of grant of new lease.

      3. Part III

        Amounts payable to owners of intermediate leasehold interests.

    14. Schedule 14

      Provisions supplementary to section 61.

    15. Schedule 15

      Section 9 of the Leasehold Reform Act 1967, as amended.

    16. Schedule 16

      Schedule inserted after Schedule 6 to the Housing Act 1985.

    17. Schedule 17

      Constitution of the Agency.

    18. Schedule 18

      Finances of the Agency.

    19. Schedule 19

      Vesting of land in the Agency: modifications of enactments.

    20. Schedule 20

      The Agency: land.

      1. Part I

        Modifications of Acquisition of Land Act 1981.

      2. Part II

        Land: supplementary.

      3. Part III

        Acquisition of rights.

    21. Schedule 21

      Minor and consequential amendments.

    22. Schedule 22

      Repeals.

An Act to confer rights to collective enfranchisement and lease renewal on tenants of flats; to make further provision with respect to enfranchisement by tenants of houses; to make provision for auditing the management, by landlords or other persons, of residential property and for the approval of codes of practice relating thereto; to amend Parts III and IV of the Landlord and Tenant Act 1987; to confer jurisdiction on leasehold valuation tribunals as respects Crown land; to make provision for rendering void agreements preventing the occupation of leasehold property by persons with mental disorders; to amend Parts II, IV and V of the Housing Act 1985, Schedule 2 to the Housing Associations Act 1985, Parts I and III and sections 248 and 299 of the Housing (Scotland) Act 1987, Part III of the Housing Act 1988, and Part VI of the Local Government and Housing Act 1989; to make provision with respect to certain disposals requiring consent under Part II of the Housing Act 1985, including provision for the payment of a levy; to alter the basis of certain contributions by the Secretary of State under section 569 of that Act; to establish and confer functions on a body to replace the English Industrial Estates Corporation and to be known as the Urban Regeneration Agency; to provide for the designation of certain urban and other areas and to make provision as to the effect of such designation; to amend section 23 of the Land Compensation Act 1961, section 98 of the Local Government, Planning and Land Act 1980 and section 27 of the Housing and Planning Act 1986; to make further provision with respect to urban development corporations and urban development areas; and for connected purposes.

[20th July 1993]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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