Leasehold Reform, Housing and Urban Development Act 1993

Supplemental E+W

38 Interpretation of Chapter I. E+W

(1) In this Chapter (unless the context otherwise requires)—

• [F1 “appropriate tribunal” means—

  (a)

  in relation to premises in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and

  (b)

  in relation to premises in Wales, a leasehold valuation tribunal.]

• “conveyance” includes assignment, transfer and surrender, and related expressions shall be construed accordingly;

• “the initial notice” means the notice given under section 13;

• [F2 “introductory standard contract” has the same meaning given by section 16 of the Renting Homes (Wales) Act 2016 (anaw 1);]

• [F3 “introductory tenancy” has the same meaning as in Chapter 1 of Part V of the Housing Act 1996,]

• “the nominee purchaser” shall be construed in accordance with section 15;

• “the participating tenants” shall be construed in accordance with section 14;

• “premises with a resident landlord” shall be construed in accordance with section 10;

• “public sector landlord” means any of the persons listed in section 171(2) of the M1 Housing Act 1985;

• “qualifying tenant” shall be construed in accordance with section 5;

• “the relevant date” has the meaning given by section 1(8);

• “relevant landlord” and “the reversioner” shall be construed in accordance with section 9;

• “the right to collective enfranchisement” means the right specified in section 1(1);

• [F2 “secure contract” has the same meaning given by section 8 of the Renting Homes (Wales) Act 2016;]

• “secure tenancy” has the meaning given by section 79 of the Housing Act 1985;

• “the specified premises” shall be construed in accordance with section 13(12);

• “the terms of acquisition” has the meaning given by section 24(8);

• “unit” means—

  (a)

  a flat;

  (b)

  any other separate set of premises which is constructed or adapted for use for the purposes of a dwelling; or

  (c)

  a separate set of premises let, or intended for letting, on a business lease.

(2) Any reference in this Chapter (however expressed) to the acquisition or proposed acquisition by the nominee purchaser is a reference to the acquisition or proposed acquisition by the nominee purchaser, on behalf of the participating tenants, of such freehold and other interests as fall to be so acquired under a contract entered into in pursuance of the initial notice.

(3) Any reference in this Chapter to the interest of a relevant landlord in the specified premises is a reference to the interest in those premises by virtue of which he is, in accordance with section 9(2)(b) [F4 or (2A)(b)], a relevant landlord.

(4) Any reference in this Chapter to agreement in relation to all or any of the terms of acquisition is a reference to agreement subject to contract.

Textual Amendments

F1 Words in s. 38 inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 105 (with Sch. 3)

F2 Words in s. 38(1) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 22(3)

F3 Definition in s. 38(1) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 9(b)

F4 Words in s. 38(3) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 13; S.I. 1996/2212, art. 2(2) (with savings in Sch.)

Marginal Citations

M1 1985 c. 68.