Local Government and Housing Act 1989 (c. 42)

SCHEDULES

SCHEDULE 11 E+W+S Minor And Consequential Amendments

The Leasehold Reform Act 1967 E+W+S

8 E+W+S In section 3 of the M1 Leasehold Reform Act 1967 (meaning of “long tenancy”), in subsection (5) after “1954” there shall be inserted “ under Schedule 10 to the Local Government and Housing Act 1989 ”.

Marginal Citations

M1 1967 c. 88.

9 E+W+S In section 9 of that Act (purchase price and costs of enfranchisement, and tenant’s right to withdraw), in subsection (1A), in paragraph (b) after the word “premises” there shall be inserted—

“(i) if the tenancy is such a tenancy as is mentioned in subsection (2) or subsection (3) of section 186 of the Local Government and Housing Act 1989,or is a tenancy which is a long tenancy at a low rent for the purposes of Part I of the Landlord and Tenant Act 1954 in respect of which the landlord is notable to serve a notice under section 4 of that Act specifying a date of termination earlier than 15th January 1999, under the provisions of Schedule 10 to the Local Government and Housing Act 1989; and

(ii) in any other case”.

F1 [10 E+W+S In section 16 of that Act (exclusion of further rights after extension of lease) after subsection (1A) there shall be inserted the following subsection—

“(1B) A tenancy extended under section 14 above shall not be an assured tenancy or an assured agricultural occupancy, within the meaning of Part I of the Housing Act 1988, and Schedule 10 to the Local Government and Housing Act 1989 shall not apply to a tenancy so extended.”]

Textual Amendments

F1 Sch. 11 para. 10 repealed (26.7.2002 for E. and 1.1.2003 for W. subject to transitional provisions and savings in Sch. 2 of each commencing S.I.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 180, Sch. 14; S.I. 2002/1912, art. 2, Sch. 1 Pt. 3; S.I. 2002/3012, art. 2, Sch. 1 Pt. 3

11 E+W+S In section 22 of that Act (validity of tenants’ notices, effect on the 1954 Act and on notices to quit etc. and procedure generally), in subsection (1) after paragraph (c) there shall be inserted the following paragraph—

“(cc) for adapting the procedure under Schedule 10 to the Local Government and Housing Act 1989, and for relating to one another proceedings under that Schedule and proceedings under this Part of this Act; and”.

12 E+W+S In section 37 of that Act (interpretation of Part I), in subsection (2)—

(a) after “1954” there shall be inserted “ or paragraph 16(2) of Schedule 10 to the Local Government and Housing Act 1989 ”;

(b) for the words “that Act”, in the first place where they occur, there shall be substituted “ the said Act of 1954 or, as the case may be, the said Schedule 10 ”;

(c) for the words “that Act”, in the second place where they occur, there shall be substituted “ the said Act of 1954 or, as the case may be, the coming into force of the said Schedule 10 ”; and

(e) for the words “that Act”, in the third place where they occur, there shall be substituted “ the said Act of 1954 or, as the case may be, the said Schedule 10 ”.

13 (1) In Schedule 3 to that Act (validity of tenants’ notices, effect on the1954 Act etc. and procedure generally), in paragraph 1, in sub-paragraph (1)after “1954” there shall be inserted “ or paragraph 17 of Schedule 10 to the Local Government and Housing Act 1989 ”. E+W+S

(2) In paragraph 2 of that Schedule—

(a) in sub-paragraph (1) after “1954”there shall be inserted “ or served under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989 ”;

(b) in sub-paragraph (2) after “1954” there shall be inserted “ or under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989 ”and after the word “given” there shall be inserted “ or served ”; and

(c) in sub-paragraph (3)—

(i) after “1954” there shall be inserted “ or served under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989 ”;

(ii) after the words “shall be” there shall be inserted—

“(l) in the case of a notice given under the said Act of 1954”; and

(iii) at the end there shall be added—

“(ii) in the case of a notice served under the said Schedule 10, the date of termination specified in the previous notice or the expiration of the period of four months beginning on the date of service of the new notice, whichever is the later”.

(3) In paragraph 3 of that Schedule, after sub-paragraph (2) there shall be inserted—

“(3) The reference in sub-paragraph (2) above to section 16(2) of, and paragraph 9 of Schedule 5 to, the Landlord and Tenant Act 1954 includes a reference to those provisions as they apply in relation to Schedule 10 to the Local Government and Housing Act 1989.”

(4) In paragraph 4 of that Schedule, after sub-paragraph (5) there shall be inserted—

“(6) The references in this paragraph—

(a) to section 16 of the Landlord and Tenant Act 1954 and subsection (2) of that section, and

(b) paragraph 9 of Schedule 5 to that Act and sub-paragraph (2) of that paragraph,

include references to those provisions as they apply in relation to Schedule 10 to the Local Government and Housing Act 1989.”

(5) In paragraph 10 of that Schedule—

(a) in sub-paragraph (1)—

(i) after “1954” there shall be inserted “ or under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989 ”; and

(ii) in paragraph (a) for the words “either of those sections” there shall be substituted “ any of those provisions ”; and

(b) in sub-paragraph (4) after “1954” there shall be inserted “ or under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989 ”.