C2C3C4Part I Enfranchisement and Extension of Long Leaseholds

Annotations:
Modifications etc. (not altering text)
C2

Pt. I (ss. 1–37) excluded by Housing Act 1985 (c. 68, SIF 61), ss. 172, 173

C3

Pt. I (ss. 1–37) extended by Housing Act 1985 (c. 68, SIF 61), s. 174

Pt. I (ss. 1-37) modified (1.4.1997) by 1985 c. 68, s. 174 (as inserted (1.4.1997) by S.I. 1997/619, reg. 2(1), Sch. 1 para. 29)

Determination of questions, procedure, etc.

21 Jurisdiction of Lands Tribunal.

C11

The following matters shall, in default of agreement, be determined by F1a leasehold valuation tribunal namely,—

a

the price payable for a house and premises under section 9 above;

b

the amount of the rent to be payable (whether originally or on a revision) for a house and premises in accordance with section 15(2);

F2ba

the amount of any costs payable under section 9(4) or 14(2);

c

the amount of any compensation payable to a tenant under section 17 or 18 for the loss of a house and premises.

F3ca

the amount of any compensation payable under section 27A;

F4C11A

An application to a leasehold valuation tribunal under subsection (1) above must F5comply with any requirements imposed by regulations under subsection (4A)(a) or (b) below

C11B

No application may be made to a leasehold valuation tribunal under subsection (1) above to determine the price for a house and premises unless either—

a

the landlord has informed the tenant of the price he is asking; or

b

two months have elapsed without his doing so since the tenant gave notice of his desire to have the freehold under this Part of this Act.

C12

Notwithstanding section 20(2) or (3) above, F6a leasehold valuation tribunal shall have jurisdiction, either by agreement or in a case where an application is made to F6a tribunal under subsection (1) above with reference to the same transaction,—

a

to determine what provisions ought to be contained in a conveyance in accordance with section 10 or 29(1) of this Act, or in a lease granting a new tenancy under section 14; or

b

to apportion between the house and premises (or part of them) and other property the rent payable under any tenancy; or

c

to determine the amount of a sub-tenant’s share under Schedule 2 to this Act in compensation payable to a tenant under section 17 or 18.

C13

Where, after an application has been made to the court with respect to any matter falling within the jurisdiction of F7a leasehold valuation tribunal under subsection (2) above, an application is made to F7a tribunal under subsection (1) and it appears to the court convenient that the questions arising on the two applications should be disposed of together, the court may by order transfer to F7a leasehold valuation tribunal the proceedings on the application to the court.

F84

Without prejudice to the generality of F9section 75 of the County Courts Act 1984 or section 74 of the M1Rent Act 1977, the powers thereby conferred to make rules of procedure shall extend to prescribing the procedure consequent on any such transfer.

F104A

The Secretary of State may make regulations prescribing—

a

the form of any application under subsection (1) above; and

b

the particulars which it must contain;

and any such regulations shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11