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Housing Act 1985

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Changes over time for: Cross Heading: Modifications of Leasehold Reform Act 1967 in relation to leases granted under this Part

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Version Superseded: 19/11/1998

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Point in time view as at 11/10/1993.

Changes to legislation:

Housing Act 1985, Cross Heading: Modifications of Leasehold Reform Act 1967 in relation to leases granted under this Part is up to date with all changes known to be in force on or before 25 February 2025. 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. Help about Changes to Legislation

Modifications of Leasehold Reform Act 1967 in relation to leases granted under this PartE+W

172 Exclusion of leases where landlord is housing association and freeholder is a charity.E+W

(1)Part I of the M1Leasehold Reform Act 1967 (enfranchisement and extension of long leaseholds) does not apply where, in the case of a tenancy or sub-tenancy to which this section applies, the landlord is a housing association and the freehold is owned by a body of persons or trust established for charitable purposes only.

(2)This section applies to a tenancy created by the grant of a lease in pursuance of this Part of a dwelling-house which is a house.

(3)Where Part I of the 1967 Act applies as if there had been a single tenancy granted for a term beginning at the same time as the term under a tenancy falling within subsection (2) and expiring at the same time as the term under a later tenancy, this section also applies to that later tenancy.

(4)This section applies to any sub-tenancy directly or indirectly derived out of a tenancy falling within subsection (2) or (3).

Marginal Citations

173 Exclusion of shared ownership leases granted under this Part.E+W

(1)Where a tenancy of a dwelling-house which is a house is created by the grant of a lease in pursuance of the right to be granted a shared ownership lease, then, so long as the rent payable under the lease exceeds £10 per annum, neither the tenant nor the tenant under a sub-tenancy directly or indirectly derived out of the tenancy shall be entitled to acquire the free-hold or an extended lease of the dwelling-house under Part I of the Leasehold Reform Act 1967.

(2)Subsection (1) applies notwithstanding the provisions of section 174 (leases granted under this Part to be treated as long leases at a low rent).

174 Leases granted under this Part to be treated as long leases at a low rent.E+W

For the purposes of Part I of the M2Leasehold Reform Act 1967 (enfranchisement and extension of long leaseholds)—

(a)a tenancy created by the grant of a lease in pursuance of this part of a dwelling-house which is a house shall be treated as being a long tenancy notwithstanding that it is granted for a term of 21 years or less, and

(b)a tenancy created by the grant of such a lease in pursuance of the right to be granted a shared ownership lease shall be treated as being a tenancy at a low rent notwithstanding that rent is payable under the tenancy at a yearly rate equal to or more than two-thirds of the rateable value of the dwelling-house on the first day of the term [F1or more than the relevant amount specified in section 4(1)(ii) of that Act].

Textual Amendments

Marginal Citations

175 Determination of price payable.E+W

(1)Where, in the case of a tenancy or sub-tenancy to which this section applies, the tenant exercises his right to acquire the freehold under Part I of the Leasehold Reform Act 1967, the price payable for the dwelling-house shall be determined in accordance with section 9(1A) of that Act notwithstanding that [F2the circumstances specified in that section do not apply].

(2)This section applies to a tenancy created by the grant of a lease in pursuance of this Part of a dwelling-house which is a house.

(3)Where Part I of the 1967 Act applies as if there had been a single tenancy granted for a term beginning at the same time as the term under a tenancy falling within subsection (2) and expiring at the same time as the term under a later tenancy, this section also applies to that later tenancy.

(4)This section applies to any sub-tenancy directly or indirectly derived out of a tenancy falling within subsection (2) or (3).

(5)This section also applies to a tenancy granted in substitution for a tenancy or sub-tenancy falling within subsections (2) to (4) in pursuance of Part I of the 1967 Act.

Textual Amendments

F2Words substituted by S.I. 1990/434, reg. 2, Sch. para. 20

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