Part IE+W Enfranchisement and Extension of Long Leaseholds

Modifications etc. (not altering text)

C1Pt. I (ss. 1–37) excluded by Housing Act 1985 (c. 68, SIF 61), ss. 172, 173

C2Pt. 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)

Land held for public purposes, ecclesiastical land, etc.E+W

30 Reservation of right of pre-emption in new town or overspill area.E+W

(1)Where a tenant of a house and premises acquires the freehold under this Part of this Act, the landlord being a body to which this section applies, there shall, if so required by the landlord, be included in the conveyance under section 8 above the following covenants on the part of the tenant, that is to say,—

(a)a covenant that no tenancy of the property comprised in the conveyance or any part of that property shall be granted except with the consent in writing of the landlord; and

(b)such covenant as appears to the landlord to be requisite for securing that, in the event of any proposal to sell that property or any part of it, the landlord will have a right of pre-emption at the price mentioned in subsection (4) below.

(2)Where a tenant of a house and premises acquires an extended lease under this Part of this Act, the landlord being a body to which this section applies, such covenants as are mentioned in subsection (1) above shall, if so required by the landlord, be included in the instrument extending te lease under section 14 above and, if so included, then in the terms of any subsequent tenancy at a low rent which is by virtue of section 3(3) above to be treated (with or without intervening tenancies) as a single tenancy with that under the extended lease.

(3)Where a covenant is entered into to give effect to subsection (1) or (2) above, it shall be expressed to be so entered into, and Part I of Schedule 4 to this Act shall have effect, with respect to the operation and enforcement of any covenant so entered into as it applies in the case of a covenant entered into with the same body to give effect to section 29(1) or (2) above.

(4)The price referred to in subsection (1)(b) above, in relation to an interest in any property, is a sum equal to (and, in default of agreement, to be determined in the like manner as) the compensation which would be payable for that interest if acquired by the execution, on such date as may be determined in accordance with the covenant, of a vesting declaration under Schedule 4 to this Act.

(5)Section 19 of the M1Landlord and Tenant Act 1927 (covenants not to assign etc. without licence or consent) shall not have effect in relation to any covenant entered into to give effect to subsection (2) above.

(6)This section shall apply, with the necessary adaptations, where a new tenancy is granted in satisfaction of the right to an extended lease under this Part of this Act, as it applies where a lease is extended in accordance with this Part of this Act.

(7)This section applies—

(a)to the [F1new towns residuary body] F2. . . and to a development corporation within the meaning of [F3the M2New Towns Act 1981]; and

(b)in respect of housing provided by them by virtue of section 5 of the M3Town Development Act 1952 (which authorises a council to exercise its powers for the purpose of relieving congestion or over-population outside their area), the council of any receiving district for purposes of that Act, . . . F4

Textual Amendments

F2Words in s. 30(7) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 4

F3Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2) (a)

Marginal Citations