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Part 1Leasehold houses

Redress

13Redress: right to acquire a freehold or superior leasehold estate

(1)This section applies where a long residential lease of a house is granted or assigned in breach of section 1.

(2)The rights holder in relation to the lease has the right to acquire (for no consideration)—

(a)the freehold estate in the land comprised in the lease, and

(b)any superior leasehold estate or estates in that land.

(3)References in the rest of this section, and in sections 14 to 16, to the right to acquire are to be construed in accordance with subsection (2).

(4)The right to acquire the freehold or leasehold estate is exercisable against the person holding that estate for the time being (the “landlord”).

(5)The “rights holder”, in relation to a lease, means—

(a)in a case where a mortgagee or chargee has for the time being the right to deal with the house comprised in the lease, that person, or

(b)in any other case the tenant for the time being under the lease.

(6)In this section, “superior leasehold estate”, in relation to a long residential lease of a house, means a leasehold estate that is superior to the long residential lease.