PART ITenants' Rights of First Refusal

Supplementary

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

1

In this Part—

  • "acceptance notice" means a notice served on a landlord in pursuance of section 6(1)(b);

  • "associated company", in relation to a body corporate, means another body corporate which is (within the meaning of section 736 of the [1985 c. 6.] Companies Act 1985) that body's holding company, a subsidiary of that body or another subsidiary of that body's holding company;

  • "constituent flat" shall be construed in accordance with section 5(8);

  • "disposal" has the meaning given by section 4(3), and references to the acquisition of an estate or interest shall be construed accordingly;

  • "landlord", in relation to any premises, shall be construed in accordance with section 2;

  • "the new landlord" means any such transferee under a relevant disposal as is mentioned in section 11(1);

  • "offer notice" means a notice served by a landlord under section 5;

  • "the original disposal" means the relevant disposal referred to in section 11(1);

  • "the protected interest" means (subject to section 9(9)) any such estate or interest in any property as is specified in an offer notice in pursuance of section 5(2)(a);

  • "purchase notice" means a notice served on a new landlord in pursuance of section 12(1);

  • "qualifying tenant", in relation to a flat, shall be construed in accordance with section 3;

  • "relevant disposal" shall be construed in accordance with section 4;

  • "the requisite majority", in relation to qualifying tenants, shall be construed in accordance with section 5(6) and (7);

  • "transferee", in relation to a disposal, shall be construed in accordance with section 4(3).

2

In this Part—

a

any reference to an offer or counter-offer is a reference to an offer or counter-offer made subject to contract, and

b

any reference to the acceptance of an offer or counter-offer is a reference to its acceptance subject to contract.

3

Any reference in this Part to a tenant of a particular description shall be construed, in relation to any time when the interest under his tenancy has ceased to be vested in him, as a reference to the person who is for the time being the successor in title to that interest.

4

The Secretary of State may by regulations make such modifications of any of the provisions of sections 5 to 18 as he considers appropriate, and any such regulations may contain such incidental, supplemental or transitional provisions as he considers appropriate in connection with the regulations.

5

In subsection (4) "modifications" includes additions, omissions and alterations.