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Commonhold and Leasehold Reform Act 2002
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Commonhold and Leasehold Reform Act 2002, Paragraph 3 is up to date with all changes known to be in force on or before 30 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Schedule 11 Paragraph 3:
- s. 82(4)(5) inserted by 2024 c. 22 s. 50(2)(b)
- s. 87A 87B inserted by 2024 c. 22 s. 50(3)
- s. 107(3)(4) inserted by 2024 c. 22 s. 51(3)
- s. 172(1)(i) and word inserted by 2024 c. 22 s. 62(5)(b)
- Sch. 11 para. 5B applied by 1985 c. 70, s. 30J(4) (as inserted) by 2024 c. 22 s. 63
- Sch. 11 para. 4A 4B and cross-heading inserted by 2024 c. 22 s. 61(b)
- Sch. 11 para. 5B 5C and cross-heading inserted by 2024 c. 22 s. 62(7)(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 82(4)(5) inserted by 2024 c. 22 s. 50(2)(b)
- s. 87A 87B inserted by 2024 c. 22 s. 50(3)
- s. 107(3)(4) inserted by 2024 c. 22 s. 51(3)
- s. 172(1)(i) and word inserted by 2024 c. 22 s. 62(5)(b)
- Sch. 11 para. 5B applied by 1985 c. 70, s. 30J(4) (as inserted) by 2024 c. 22 s. 63
- Sch. 11 para. 4A 4B and cross-heading inserted by 2024 c. 22 s. 61(b)
- Sch. 11 para. 5B 5C and cross-heading inserted by 2024 c. 22 s. 62(7)(b)
[F1Application for order varying lease]E+W
This section has no associated Explanatory Notes
3(1)Any party to a lease of a dwelling may apply to [F2the appropriate tribunal] for an order varying the lease in such manner as is specified in the application on the grounds that—
(a)any administration charge specified in the lease is unreasonable, F3...
(b)any formula specified in the lease in accordance with which any administration charge is calculated is unreasonable.[F4, or
(c)an administration charge specified in the lease is not payable because of paragraph 2A.]
(2)If the grounds on which the application was made are established to the satisfaction of the tribunal, it may make an order varying the lease in such manner as is specified in the order.
(3)The variation specified in the order may be—
(a)the variation specified in the application, or
(b)such other variation as the tribunal thinks fit.
(4)The tribunal may, instead of making an order varying the lease in such manner as is specified in the order, make an order directing the parties to the lease to vary it in such manner as is so specified.
(5)The tribunal may by order direct that a memorandum of any variation of a lease effected by virtue of this paragraph be endorsed on such documents as are specified in the order.
(6)Any such variation of a lease shall be binding not only on the parties to the lease for the time being but also on other persons (including any predecessors in title), whether or not they were parties to the proceedings in which the order was made.
Textual Amendments
F1Sch. 11 para. 3 cross-heading inserted (30.6.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Leasehold Reform (Ground Rent) Act 2022 (c. 1), ss. 18(4), 25(2) (with s. 23); S.I. 2022/694, regs. 2, 3, 4
F2Words in Sch. 11 para. 3(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 147(a) (with Sch. 3)
F3Word in Sch. 11 para. 3(1)(a) omitted (30.6.2022 for specified purposes, 1.4.2023 in so far as not already in force) by virtue of Leasehold Reform (Ground Rent) Act 2022 (c. 1), ss. 18(5)(a), 25(2) (with s. 23); S.I. 2022/694, regs. 2, 3, 4
F4Sch. 11 para. 3(1)(c) and word inserted (30.6.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Leasehold Reform (Ground Rent) Act 2022 (c. 1), ss. 18(5)(b), 25(2) (with s. 23); S.I. 2022/694, regs. 2, 3, 4
Commencement Information
I1Sch. 11 wholly in force at 30.3.2004; Sch. 11 not in force at Royal Assent see s. 181(1); Sch. 11 in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); Sch. 11 in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(c)(i) (with Sch. 2)
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