- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (30/09/2003)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 30/09/2003.
Leasehold Reform Act 1967, SCHEDULE 4A is up to date with all changes known to be in force on or before 12 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Textual Amendments
F1Schedule 4A inserted by Housing and Planning Act 1986 (c. 63, SIF 75:1), s. 18, Sch. 4 para. 6
1E+WA lease granted in pursuance of the right to be granted a shared ownership lease under Part V of the Housing Act M1 1985 is excluded from the operation of this Part of this Act.
F22(1)A lease which—E+W
(a)was granted at a premium by a body mentioned in sub-paragraph (2), and
(b)complies with the conditions set out in sub-paragraph (3),
is excluded from the operation of this Part at any time when the interest of the landlord belongs to such a body [F3, to a registered social landlord][F4or to a person who acquired that interest in exercise of the right conferred by Part IV of the Housing Act 1988].
(2)The bodies are—
(a)a county, [F5county borough,] district or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 a joint authority established by Part IV of the Local Government Act M21985;
[F7(bb)the London Fire and Emergency Planning Authority;]
(c)the Commission for the New Towns or a development corporation established by an order made, or having effect as made, under the New Towns Act M31981;
(d)an urban development corporation within the meaning of Part XVI of the Local Government, Planning and Land Act M41980;
F8(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F9(f)a housing action trust established under Part III of the Housing Act 1988]
(3)The conditions are that the lease–
(a)provides for the tenant to acquire the freehold for a consideration which is to be calculated in accordance with the lease and which is reasonable, having regard to the premium or premiums paid by the tenant under the lease, and
(b)states the landlord’s opinion that by virtue of this paragraph the tenancy will be excluded from the operation of this Part of this Act at any time when the interest of the landlord belongs to a body mentioned in sub-paragraph (2) above [F10 or to a registered social landlord].
(4)If, in proceedings in which it falls to be determined whether a lease complies with the condition in sub-paragraph (3)(a), the question arises whether the consideration payable by the tenant on acquiring the freehold is reasonable, it is for the landlord to show that it is.
[F11(5)In this paragraph “registered social landlord” has the same meaning as in Part 1 of the Housing Act 1996 (c. 52).]
Textual Amendments
F2Sch. 4A para. 2 extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 24(c) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
F3Words in Sch. 4A para. 2(1) inserted (26.7.2002 for E. and 1.1.2003 for W.) by 2002 c. 15, s. 144(2)(a); S.I. 2002/1912, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2 of the commencing S.I.); S.I. 2002/3012, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2 of the commencing S.I.)
F4Words added by Housing Act 1988 (c. 50, SIF 61), s. 140, Sch. 17 para. 17(1)
F5Words in Sch. 4A para. 2(2)(a) inserted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 1(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3 Sch. 1
F6Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13 Pt. I
F7Sch. 4A para. 2(bb) inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 9 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(a)(h)
F8Sch. 4A para. 2(2)(e) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2),141(1), 143(2)); S.I. 1998/2244, art. 4
F9Para. 2(2)(f) added by Housing Act 1988 (c. 50, SIF 61), s. 140, Sch. 17 para. 17(2)
F10Words in Sch. 4A para. 2(3)(b) inserted (26.7.2002 and E. and 1.1.2003 and W.) by 2002 c. 15, s. 144(2)(b); S.I. 2002/1912, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2 of the commencing S.I.); S.I. 2002/3012, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2 of the commencing S.I.)
F11Sch. 4A para. 2(5) inserted (26.7.2002 for E. and 1.1.2003 for W) by 2002 c. 15, s. 144(2)(c); S.I. 2002/1912, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2 of the commencing S.I.); S.I. 2002/3012, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2 of the commencing S.I.)
Marginal Citations
3(1)A lease granted by a housing association and which complies with the conditions set out in sub-paragraph (2) is excluded from the operation of this Part of this Act, whether or not the interest of the landlord still belongs to such an association.E+W
(2)The conditions are that the lease—
(a)was granted for a term of 99 years or more and is not (and cannot become) terminable except in pursuance of a provision for re-entry or forfeiture;
(b)was granted at a premium, calculated by reference to the value of the house or the cost of providing it, of not less than 25 per cent., or such other percentage as may be prescribed, of the figure by reference to which it was calculated;
(c)provides for the tenant to acquire additional shares in the house on terms specified in the lease and complying with such requirements as may be prescribed;
F12(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)if it enables the landlord to require payment for outstanding shares in the house, does so only in such circumstances as may be prescribed;
(f)provides for the tenant to acquire the landlord’s interest on terms specified in the lease and complying with such requirements as may be prescribed; and
(g)states the landlord’s opinion that by virtue of this paragraph the lease is excluded from the operation of this Part of this Act.
(3)In any proceedings the court may, if of the opinion that it is just and equitable to do so, treat a lease as satisfying the conditions in sub-paragraph (2) notwithstanding that the condition specified in paragraph (g) of that sub-paragraph is not satisfied.
(4)In this paragraph “housing association” has the same meaning as in the Housing Associations Act M51985.
Textual Amendments
F12Sch. 4A para. 3(2)(d) repealed (26.7.2002 for E. and 1.1.2003 for W.) by 2002 c. 15, ss. 143(3), 180, Sch. 14; S.I. 2002/1912, art. 2(b)(ii), Sch. 1 Pt. 3 (subject to transitional provisions and savings in Sch. 2 of the commencing S.I.); S.I. 2002/3012, art. 2(b)(ii), Sch. 1 Pt. 3 (subject to transitional provisions and savings in Sch. 2 of the commencing S.I.)
Marginal Citations
4(1)A lease for the elderly granted by a [F13registered housing association] and which complies with the conditions set out in sub-paragraph (2) is excluded from the operation of this Part of this Act at any time when the interest of the landlord belongs to [F14a registered social landlord].E+W
(2)The conditions are that the lease—
(a)is granted at a premium which is calculated by reference to a percentage of the value of the house or of the cost of providing it,
(b)complies, at the time when it is granted, with such requirements as may be prescribed, and
(c)states the landlord’s opinion that by virtue of this paragraph the lease will be excluded from the operation of this Part of this Act at any time when the interest of the landlord belongs to a [F15registered social landlord].
(3)In this paragraph—
“lease for the elderly” has such meaning as may be prescribed; and
[F16“registered social landlord” has the same meaning as in the Housing Act 1985 (see section 5(4) and (5) of that Act)].
Textual Amendments
F13Words in Sch. 4A para. 4(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 1(1)(2)(a)
F14Words in Sch. 4A para. 4(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 1(1)(2)(b)
F15Words in Sch. 4A para. 4(2)(c) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 1(1)(3)
F16Definition in Sch. 4A para. 4(3) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 1(1)(4)
5(1)The Secretary of State may by regulations prescribe anything requiring to be prescribed for the purposes of this Schedule.E+W
(2)The regulations may—
(a)make different provision for different cases or descriptions of case, including different provision for different areas, and
(b)contain such incidental, supplementary or transitional provisions as the Secretary of State considers appropriate,
and shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
6E+WIn this Schedule “lease” means a lease at law or in equity, and references to the grant of a lease shall be construed accordingly.]
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys