1. Introductory Text

  2. Part I Tenants’ Rights of First Refusal

    1. Preliminary

      1. 1. Qualifying tenants to have rights of first refusal on disposals by landlord.

      2. 2. Landlords for the purposes of Part I.

      3. 3. Qualifying tenants.

      4. 4. Relevant disposals.

      5. 4A. Application of provisions to contracts.

    2. Notices conferring rights of first refusal

      1. 5. Requirement to serve notice conferring rights of first refusal.

      2. 5A. Offer notice: requirements in case of contract to be completed by conveyance, &c.

      3. 5B. Offer notice: requirements in case of sale by auction.

      4. 5C. Offer notice: requirements in case of grant or option or right of pre-emption.

      5. 5D. Offer notice: requirements in case of conveyance not preceded by contract, &c.

      6. 5E. Offer notice: disposal for non-monetary consideration.

      7. 6. Acceptance of landlord’s offer.

      8. 7. Rejection of landlord’s offer: counter-offer by tenants.

      9. 8. Fresh offer by landlord: further negotiations between parties.

      10. 8A. Landlord’s obligation: general provisions.

      11. 8B. Landlord’s obligation: election in case of sale at auction.

      12. 8C. Election in case of disposal for non-monetary consideration.

      13. 8D. Disposal in pursuance of option or right of pre-emption.

      14. 8E. Covenant, &c affecting landlord’s power to dispose.

      15. 9A. Notice of withdrawal by nominated person.

      16. 9B. Notice of withdrawal by landlord.

      17. 9. Withdrawal of either party from transaction.

      18. 10. Lapse of landlord’s offer.

      19. 10A.Offence of failure to comply with requirements of Part I.

    3. Enforcement by tenants of rights against new landlords

      1. 11. Duty of new landlord to furnish particulars of disposal made in contravention of Part I.

      2. 11A. Right to information as to terms of disposal, &c.

      3. 12A. Right of qualifying tenants to take benefit of contract.

      4. 12B. Right of qualifying tenants to compel sale, &c. by purchaser.

      5. 12C. Right of qualifying tenants to compel grant of new tenancy by superior landlord

      6. 12D. Nominated persons: supplementary provisions.

      7. 12. Right of qualifying tenants to compel sale etc. by new landlord.

      8. 13. Determination by rent assessment committees of questions relating to purchase notices.

      9. 14. Withdrawal of nominated person from transaction.

      10. 15. Right of qualifying tenants to compel grant of new tenancy by superior landlord.

    4. Enforcement by tenants of rights against subsequent purchasers

      1. 16. Right of qualifying tenants to compel sale etc. by subsequent purchaser.

    5. Termination of rights against new landlords etc.

      1. 17. Termination of rights against new landlord or subsequent purchaser.

    6. Notices served by prospective purchasers

      1. 18. Notices served by prospective purchasers to ensure that rights of first refusal do not arise.

    7. Supplementary

      1. 18A. The requisite majority of qualifying tenants.

      2. 19. Enforcement of obligations under Part I.

      3. 20. Construction of Part I and power of Secretary of State to prescribe modifications.

  3. Part II Appointment of Managers by the Court

    1. 21. Tenant’s right to apply to court for appointment of manager.

    2. 22. Preliminary notice by tenant.

    3. 23. Application to court for appointment of manager.

    4. 24. Appointment of manager by the court.

    5. 24A. Jurisdiction of leasehold valuation tribunal.

    6. 24B. Leasehold valuation tribunal: applications and fees.

  4. Part III Compulsory Acquisition by Tenants of their Landlord’s Interest

    1. 25. Compulsory acquisition of landlord’s interest by qualifying tenants.

    2. 26. Qualifying tenants.

    3. 27. Preliminary notice by tenants.

    4. 28. Applications for acquisition orders.

    5. 29. Conditions for making acquisition orders.

    6. 30. Content of acquisition orders.

    7. 31. Determination of terms by rent assessment committees.

    8. 32. Discharge of existing mortgages.

    9. 33. Acquisition order where landlord cannot be found.

    10. 34. Discharge of acquisition order and withdrawal by tenants.

  5. Part IV Variation of Leases

    1. Applications relating to flats

      1. 35. Application by party to lease for variation of lease.

      2. 36. Application by respondent for variation of other leases.

      3. 37. Application by majority of parties for variation of leases.

    2. Orders varying leases

      1. 38. Orders by the court varying leases.

      2. 39. Effect of orders varying leases: applications by third parties.

    3. Applications relating to dwellings other than flats

      1. 40. Application for variation of insurance provisions of lease of dwelling other than a flat.

  6. Part V Management of Leasehold Property

    1. Service charges

      1. 41. Amendments relating to service charges.

      2. 42. Service charge contributions to be held in trust.

      3. 42A. Service charge contributions to be held in designated account

      4. 42B. Failure to comply with section 42A

    2. Insurance

      1. 43. Rights of tenants with respect to insurance.

    3. Managing agents

      1. 44. Recognised tenants’ associations to be consulted about managing agents.

      2. 45.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  7. Part VI Information to be Furnished to Tenants

    1. 46. Application of Part VI, etc.

    2. 47. Landlord’s name and address to be contained in demands for rent etc.

    3. 48. Notification by landlord of address for service of notices.

    4. 49. Extension of circumstances in which notices are sufficiently served.

    5. 50. Continuation of former landlord’s liability to tenant where no notice of assignment.

    6. 51.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  8. Part VII General

    1. 52. Jurisdiction of county courts.

    2. 52A. Jurisdiction of leasehold valuation tribunal under Part I or III.

    3. 53. Regulations and orders.

    4. 54. Notices.

    5. 55. Application to Isles of Scilly.

    6. 56. Crown land.

    7. 57. Financial provision.

    8. 58. Exempt landlords and resident landlords.

    9. 59. Meaning of “lease”, “long lease” and related expressions.

    10. 60. General interpretation.

    11. 61. Consequential amendments and repeals.

    12. 62. Short title, commencement and extent.

  9. SCHEDULES

    1. SCHEDULE 1

      DISCHARGE OF MORTGAGES ETC.: SUPPLEMENTARY PROVISIONS

      1. Part I Discharge In Pursuance Of Purchase Notices

        1. Construction

          1. 1.In this Part of this Schedule— “the consideration payable” means...

        2. Duty of nominated person to redeem mortgages

          1. 2.(1) Where in accordance with section 12(4)(a) an instrument will...

        3. Determination of amounts due in respect of mortgages

          1. 3.(1) For the purpose of determining the amount payable in...

        4. Payments into court

          1. 4.(1) Where under section 12(4)(a) any property is to be...

        5. Savings

          1. 5.(1) Where any property is discharged by section 12(4)(a) from...

      2. Part II Discharge In Pursuance Of Acquisition Orders

        1. Construction

          1. 6.In this Part of this Schedule— “the consideration payable” means...

        2. Duty of nominated person to redeem mortgages

          1. 7.(1) Where in accordance with section 32(1) an instrument will...

        3. Determination of amounts due in respect of mortgages

          1. 8.(1) For the purpose of determining the amount payable in...

        4. Payments into court

          1. 9.(1) Where under section 32 any premises are to be...

        5. Savings

          1. 10.(1) Where any premises are discharged by section 32 from...

    2. SCHEDULE 2

      AMENDMENTS RELATING TO SERVICE CHARGES

      1. Meaning of “service charge” and “relevant costs”

        1. 1.In section 18(1) of the 1985 Act, for “flat” substitute...

      2. Limitation of service charges: reasonableness

        1. 2.In section 19 of the 1985 Act—

      3. Limitation of service charges: estimates and consultation

        1. 3.The following section shall be substituted for section 20 of...

      4. Additional limitations on service charges

        1. 4.The following sections shall be inserted in the 1985 Act...

      5. Request for summary of relevant costs

        1. 5.(1) Section 21 of the 1985 Act shall be amended...

      6. Request to inspect supporting accounts etc.

        1. 6.In section 22 of the 1985 Act, after subsection (4)...

      7. Effect of assignment on request

        1. 7.In section 24 of the 1985 Act, for “flat” substitute...

      8. Exception where rent is registered and not entered as variable

        1. 8.In section 27 of the 1985 Act, for “flat” substitute...

      9. Meaning of “qualified accountant”

        1. 9.(1) Section 28 of the 1985 Act shall be amended...

      10. Meaning of “recognised tenants’ association”

        1. 10.(1) Section 29 of the 1985 Act shall be amended...

      11. Definitions

        1. 11.In section 30— (a) omit the definition of “flat”; and...

    3. SCHEDULE 3

      RIGHTS OF TENANTS WITH RESPECT TO INSURANCE

      1. Construction

        1. 1.In this Schedule— “landlord”, in relation to a tenant by...

      2. Request for summary of insurance cover

        1. 2.(1) Where a service charge is payable by the tenant...

      3. Request to inspect insurance policy etc.

        1. 3.(1) This paragraph applies where a tenant, or the secretary...

      4. Request relating to insurance effected by superior landlord

        1. 4.(1) If a request is made under paragraph 2 in...

      5. Effect of assignment on request

        1. 5.The assignment of a tenancy does not affect the validity...

      6. Failure to comply with paragraph 2, 3 or 4 an offence

        1. 6.(1) It is a summary offence for a person to...

      7. Tenant’s right to notify insurers of possible claim

        1. 7.(1) This paragraph applies to any dwelling in respect of...

      8. Right to challenge landlord’s choice of insurers

        1. 8.(1) This paragraph applies to a tenancy of a dwelling...

      9. Exception for tenants of certain public authorities

        1. 9.(1) Paragraphs 2 to 8 do not apply to a...

    4. SCHEDULE 4

      CONSEQUENTIAL AMENDMENTS

      1. 1.In section 49(1) (rules to provide for notices of other...

      2. 2.In section 64 (certificates to be produced and noted on...

      3. 3.In Schedule 13 (provisions with respect to residuary bodies)—

      4. 4.In section 45 (disposals in relation to which ss.46 to...

      5. 5.Omit section 49 (information held by superior landlord).

      6. 6.In section 50(1) (offences), omit “or 49”.

      7. 7.. . . . . . . . . ....

    5. SCHEDULE 5

      REPEALS