Leasehold Reform Act 1967

7 (1) Where a conveyance is executed to give effect to section 8 of this Act— E+W

(a) section 10 shall have effect in relation to rights and restrictions arising by virtue of any tenancy superior to the tenancy in possession (or by virtue of an agreement collateral to such a tenancy), so far as they are directly or indirectly to the benefit of or enforceable against the claimant during the tenancy in possession, as if they arose by virtue of that tenancy [F1 , and the reference in subsection (1A) of that section to the covenants for title implied under Part I of the Law of Property (Miscellaneous Provisions) Act 1994 shall be read as excluding the covenant in section 4(1)(b) of that Act (compliance with terms of lease)]; and

(b) [F2 subject to paragraph 7A] a separate price shall be payable in accordance with section 9 for each of the interests superior to the tenancy in possession, and . . . F3 section 9 shall apply to the computation of that price with such modifications as are appropriate to relate it to a sale of the interest in question subject to any tenancies intermediate between that interest and the tenancy in possession, together with tenant’s incumbrances relative to those tenancies; and

(c) so much of section 11 as relates to the application of the purchase price for redemption of rentcharges . . . F4 shall apply only to the price payable for the estate in fee simple; and

(d) so much of sections 12 and 13 as relates to the application of the price payable in or towards redemption of charges shall apply separately to the price payable for each interest together with the relative charges.

(2) Where by reason of section 11(2) of this Act it is necessary to make (otherwise than out of the price payable for the house and premises) any payment for the redemption of a rentcharge . . . F4 , the reversioner, if he is not the landlord liable or primarily liable in respect of the rentcharge . . . F4 , shall not be required to make that payment otherwise than out of money made available for the purpose by that landlord, and it shall be the duty of that landlord to provide for the redemption; and similarly where by reason of section 12(8) proviso of this Act it is necessary to discharge the house and premises from a charge affecting the interest of any landlord.

Textual Amendments

F1 Words in Sch. 1 para. 7(1)(a) inserted (1.7.1995) by 1994 c. 36, s. 21(1), Sch. 1 para. 5(3) (with s. 20); S.I. 1995/1317, art. 2

F2 Words inserted by Housing Act 1980 (c. 51), Sch. 21 para. 6

F3 Words repealed by Housing Act 1980 (c. 51), Sch. 26

F4 Words repealed by Rentcharges Act 1977 (c. 30), s. 17(4), Sch. 2