xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
Modifications etc. (not altering text)
C1Pt. I (ss. 1–37) excluded by Housing Act 1985 (c. 68, SIF 61), ss. 172, 173
C2Pt. I (ss. 1–37) extended by Housing Act 1985 (c. 68, SIF 61), s. 174
Pt. I (ss. 1-37) modified (1.4.1997) by 1985 c. 68, s. 174 (as inserted (1.4.1997) by S.I. 1997/619, reg. 2(1), Sch. 1 para. 29)
C3Pt. I extended by Land Compensation Act 1973 (c. 26), s. 12(1)
(1)The following matters shall, in default of agreement, be determined by [F1a leasehold valuation tribunal] namely,—
(a)the price payable for a house and premises under section 9 above;
(b)the amount of the rent to be payable (whether originally or on a revision) for a house and premises in accordance with section 15(2);
[F2(ba)the amount of any costs payable under section 9(4) or 14(2);]
(c)the amount of any compensation payable to a tenant under section 17 or 18 for the loss of a house and premises.
[F3(ca)the amount of any compensation payable under section 27A;]
[F4(1A)An application to a leasehold valuation tribunal under subsection (1) above must [F5comply with any requirements imposed by regulations under subsection (4A)(a) or (b) below]
(1B)No application may be made to a leasehold valuation tribunal under subsection (1) above to determine the price for a house and premises unless either—
(a)the landlord has informed the tenant of the price he is asking; or
(b)two months have elapsed without his doing so since the tenant gave notice of his desire to have the freehold under this Part of this Act.]
(2)Notwithstanding section 20(2) or (3) above, [F6a leasehold valuation tribunal] shall have jurisdiction, either by agreement or in a case where an application is made to [F6a tribunal] under subsection (1) above with reference to the same transaction,—
(a)to determine what provisions ought to be contained in a conveyance in accordance with section 10 or 29(1) of this Act, or in a lease granting a new tenancy under section 14; or
(b)to apportion between the house and premises (or part of them) and other property the rent payable under any tenancy; or
(c)to determine the amount of a sub-tenant’s share under Schedule 2 to this Act in compensation payable to a tenant under section 17 or 18.
(3)Where, after an application has been made to the court with respect to any matter falling within the jurisdiction of [F7a leasehold valuation tribunal] under subsection (2) above, an application is made to [F7a tribunal] under subsection (1) and it appears to the court convenient that the questions arising on the two applications should be disposed of together, the court may by order transfer to [F7a leasehold valuation tribunal] the proceedings on the application to the court.
[F8(4)Without prejudice to the generality of [F9section 75 of the County Courts Act 1984] or section 74 of the M1Rent Act 1977, the powers thereby conferred to make rules of procedure shall extend to prescribing the procedure consequent on any such transfer.]
[F10(4A)The Secretary of State may make regulations prescribing—
(a)the form of any application under subsection (1) above; and
(b)the particulars which it must contain;
and any such regulations shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
Textual Amendments
F1Words substituted by Housing Act 1980 (c. 51), Sch. 22 para. 8(1)
F2S. 21(1)(ba) inserted (1.10.1996) by 1996 c. 52, s. 115; S.I. 1996/2212, arts. 1(2), 2(2) (with Sch.)
F3S. 21(1)(ca) inserted (1.10.1996) by 1996 c. 52, s. 116, Sch. 11 para. 1(2); S.I. 1996/2212, arts. 1(2), 2(2) (with Sch.)
F4S. 21(1A)(1B) inserted by Housing Act 1980 (c. 51), Sch. 22 para. 8(2)
F5Words in s. 21(1A) substituted (2.9.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 4; S.I. 1993/2134, art. 3
F6Words substituted by Housing Act 1980 (c. 51), Sch. 22 para. 8(3)
F7Words substituted by Housing Act 1980 (c. 51), Sch. 22 para. 8(4)
F8S. 21(4) substituted by Housing Act 1980 (c. 51), Sch. 22 para. 8(5)
F9Words substituted by County Courts Act 1984 (c. 28, SIF 34), s. 148(1), Sch. 2 para. 31
F10S. 21(4A) inserted by Housing Act 1980 (c. 51), Sch. 22 para. 8(6)
F11S. 21(5) repealed by Housing Act 1980 (c. 51), Sch. 26
Modifications etc. (not altering text)
C4S. 21(1)–(3) amended by Housing Act 1980 (c. 51), s. 142
Marginal Citations