Commonhold and Leasehold Reform Act 2002

98 Functions relating to approvals E+W

(1) This section and section 99 apply in relation to the grant of approvals under long leases of the whole or any part of the premises; but nothing in this section or section 99 applies in relation to an approval concerning only a part of the premises consisting of a flat or other unit not held under a lease by a qualifying tenant.

(2) Where a person who is—

(a) landlord under a long lease of the whole or any part of the premises, or

(b) party to such a lease otherwise than as landlord or tenant,

has functions in relation to the grant of approvals to a tenant under the lease, the functions are instead functions of the RTM company.

(3) Accordingly, any provisions of the lease making provision about the relationship of—

(a) a person who is landlord under the lease, and

(b) a person who is party to the lease otherwise than as landlord or tenant,

in relation to such functions do not have effect.

(4) The RTM company must not grant an approval by virtue of subsection (2) without having given—

(a) in the case of an approval relating to assignment, underletting, charging, parting with possession, the making of structural alterations or improvements or alterations of use, 30 days’ notice, or

(b) in any other case, 14 days’ notice,

to the person who is, or each of the persons who are, landlord under the lease.

(5) Regulations increasing the period of notice to be given under subsection (4)(b) in the case of any description of approval may be made by the appropriate national authority.

(6) So far as any function of a tenant under a long lease of the whole or any part of the premises—

(a) relates to the exercise of any function which is a function of the RTM company by virtue of this section, and

(b) is exercisable in relation to a person who is landlord under the lease or party to the lease otherwise than as landlord or tenant,

it is instead exercisable in relation to the RTM company.

(7) In this Chapter “approval” includes consent or licence and “approving” is to be construed accordingly; and an approval required to be obtained by virtue of a restriction entered on the register of title kept by the Chief Land Registrar is, so far as relating to a long lease of the whole or any part of any premises, to be treated for the purposes of this Chapter as an approval under the lease.

Commencement Information

I1 S. 98 wholly in force at 30.3.2004; s. 98 not in force at Royal Assent see s. 181(1); s. 98 wholly in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(a); s. 98 wholly in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(a)