- Latest available (Revised)
- Point in Time (01/07/1995)
- Original (As enacted)
Version Superseded: 01/10/1996
Point in time view as at 01/07/1995.
Leasehold Reform, Housing and Urban Development Act 1993,
SCHEDULE 2 is up to date with all changes known to be in force on or before 16 August 2024. 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Sections 9 and 40.
Commencement Information
I1Sch. 2 wholly in force at 1.11.1993 see s. 188(2) and S.I. 1993/2134, art. 5
1(1)In this Schedule—
“Chapter I landlord” means a person who is, in relation to a claim made under Chapter I, the reversioner or any other relevant landlord within the meaning of that Chapter;
“Chapter II landlord” means a person who is, in relation to a claim made under Chapter II, the landlord within the meaning of that Chapter or any of the other landlords (as defined by section 40(4));
“debenture holders’ charge” means a charge (whether a floating charge or not) in favour of the holders of a series of debentures issued by a company or other body of persons, or in favour of trustees for such debenture holders;
“mortgage” includes a charge or lien, and related expressions shall be construed accordingly;
“the relevant notice” means—
in relation to a Chapter I landlord, the notice given under section 13, and
in relation to a Chapter II landlord, the notice given under section 42.
(2)In paragraphs 5 to 8 any reference to a premium payable on the grant of a lease includes a reference to any other amount payable by virtue of Schedule 13 in connection with its grant.
2(1)Where—E+W
(a)the interest of a Chapter I or Chapter II landlord is subject to a mortgage, and
(b)the mortgagee is in possession,
all such proceedings arising out of the relevant notice as would apart from this sub-paragraph be taken by or in relation to that landlord (“the mortgagor”) shall, as regards his interest, be conducted by and through the mortgagee as if he were that landlord; but this sub-paragraph shall not, in its application to a Chapter I landlord, affect the operation in relation to the mortgagee of section 35 or Schedule 8.
(2)Where sub-paragraph (1) above applies to a Chapter I landlord, then (without prejudice to the generality of that sub-paragraph) any application under section 23(1) that would otherwise be made by the mortgagor (whether alone or together with any other person or persons) shall be made by the mortgagee as if he were the mortgagor.
(3)Where—
(a)the interest of a Chapter I landlord is subject to a mortgage, and
(b)a receiver appointed by the mortgagee or by order of any court is in receipt of the rents and profits,
the person referred to in paragraph (a) shall not make any application under section 23(1) without the consent of the mortgagee, and the mortgagee may by notice given to that person require that, as regards his interest, this paragraph shall apply, either generally or so far as it relates to section 23, as if the mortgagee were a mortgagee in possession.
(4)Where—
(a)the interest of a Chapter I or Chapter II landlord is subject to a mortgage, and
(b)the mortgagee is in possession or a receiver appointed by the mortgagee or by order of any court is in receipt of the rents and profits,
the relevant notice or a copy of it shall be regarded as duly given to that landlord if it is given to the mortgagee or to any such receiver; but whichever of the landlord, the mortgagee and any such receiver are not the recipient of the notice shall be given a copy of it by the recipient.
(5)Sub-paragraph (4) has effect in relation to a debenture holders’ charge as if any reference to the mortgagee were a reference to the trustees for the debenture holders; but, where the relevant notice is given to a Chapter I or Chapter II landlord whose interest is subject to any such charge and there is no trustee for the debenture holders, the landlord shall forthwith send it or a copy of it to any receiver appointed by virtue of the charge.
(6)Where—
(a)a Chapter I or Chapter II landlord is given the relevant notice or a copy of it, and
(b)his interest is subject to a mortgage to secure the payment of money,
then (subject to sub-paragraph (7)), the landlord shall forthwith inform the mortgagee (unless the notice was given to him or a receiver appointed by virtue of the mortgage) that the notice has been given, and shall give him such further information as may from time to time be reasonably required from the landlord by the mortgagee.
(7)Sub-paragraph (6) does not apply to a debenture holders’ charge.
3E+WWhere the interest of a Chapter I or Chapter II landlord is vested in a person as custodian trustee, then for the purposes of Chapter I or (as the case may be) Chapter II the interest shall be deemed to be vested in the managing trustees or committee of management as owners of that interest, except as regards the execution of any instrument disposing of or otherwise affecting that interest.
4E+WWhere a Chapter I or Chapter II landlord is incapable by reason of mental disorder (within the meaning of the M1Mental Health Act 1983) of managing and administering his property and affairs, then for the purposes of Chapter I or (as the case may be) Chapter II—
(a)the landlord’s receiver appointed under Part VII of that Act or Part VIII of the M2Mental Health Act 1959, or
(b)(if no such receiver is acting for him) any person authorised in that behalf,
shall, under an order of the authority having jurisdiction under Part VII of the Mental Health Act 1983, take the place of the landlord.
5(1)Where the interest of a Chapter I landlord is held on trust for sale, any sum payable to the landlord by way of the price payable for the interest on its acquisition in pursuance of Chapter I shall be dealt with as if it were proceeds of sale arising under the trust.
(2)Where the interest of a Chapter II landlord is held on trust for sale—
(a)any sum payable to the landlord by way of a premium on the grant of a new lease under Chapter II or section 93(4) shall be dealt with as if it were proceeds of sale arising under the trust; and
(b)the purposes authorised—
(i)by section73 of the M3Settled Land Act 1925, as applied by section28 of the M4Law of Property Act 1925, for the application of capital money, and
(ii)by section 71 of the M5Settled Land Act 1925, as applied as aforesaid, as purposes for which money may be raised by mortgage,
shall include the payment of compensation by the landlord on the termination of a new lease granted under Chapter II or section 93(4) (whether the payment is made in pursuance of an order under section 61 or in pursuance of an agreement made in conformity with paragraph 5 of Schedule 14 without an application having been made under that section).
6Where the interest of a Chapter II landlord is subject to a settlement (within the meaning of the Settled Land Act 1925), the purposes authorised—
(a)by section 73 of that Act for the application of capital money, and
(b)by section 71 of that Act as purposes for which money may be raised by mortgage,
shall include the payment of compensation as mentioned in paragraph 5(2)(b) above.
7(1)Where a Chapter I landlord is a university or college to which the M6Universities and College Estates Act 1925 applies, any sum payable to the landlord by way of the price payable for any interest on its acquisition in pursuance of Chapter I shall be dealt with as if it were an amount payable by way of consideration on a sale effected under that Act.
(2)Where a Chapter II landlord is a university or college to which that Act applies—
(a)any sum payable to the landlord by way of a premium on the grant of a new lease under Chapter II or section 93(4) shall be dealt with as if it were an amount payable by way of consideration on a sale effected under that Act; and
(b)the purposes authorised—
(i)by section 26 of that Act for the application of capital money, and
(ii)by section 31 of that Act as purposes for which money may be raised by mortgage,
shall include the payment of compensation as mentioned in paragraph 5(2)(b) above.
Marginal Citations
8(1)The provisions of this paragraph shall have effect as regards Chapter I or Chapter II landlords who are ecclesiastical landlords; and in this paragraph “ecclesiastical landlord” means—
(a)a capitular body within the meaning of the M7Cathedrals Measure 1963 having an interest as landlord in property, or
(b)a diocesan board of finance having an interest as landlord in property belonging to the board as diocesan glebe land.
(2)In relation to an interest of an ecclesiastical landlord, the consent of the Church Commissioners shall be required to sanction—
(a)the provisions to be contained in a conveyance in accordance with section 34 and Schedule 7, or in any lease granted under section 56, and the price or premium payable, except as regards matters determined by the court or a leasehold valuation tribunal;
(b)any exercise of the ecclesiastical landlord’s rights under section 61, except as aforesaid, and any agreement for the payment of compensation to a tenant in conformity with paragraph 5 of Schedule 14 without an application having been made under that section; and
(c)any grant of a lease in pursuance of section 93(4);
and the Church Commissioners shall be entitled to appear and be heard in any proceedings under this Part to which an ecclesiastical landlord is a party or in which he is entitled to appear and be heard.
(3)Where a capitular body has an interest in property which forms part of the endowment of a cathedral church—
(a)any sum payable to that body by way of—
(i)the price payable for any interest in the property on its acquisition in pursuance of Chapter I, or
(ii)a premium on the grant of a new lease under Chapter II or section 93(4),
shall be treated as part of that endowment; and
(b)the powers conferred by sections 21 and 23 of the M8Cathedrals Measure 1963 in relation to the investment in the acquisition of land of money forming part of the endowment of a cathedral church shall extend to the application of any such money in the payment of compensation as mentioned in paragraph 5(2)(b) above.
(4)In the case of a diocesan board of finance—
(a)no consent or concurrence other than that of the Church Commissioners under sub-paragraph (2) above shall be required to a disposition under this Part of the interest of the diocesan board of finance in property (including a grant of a new lease in pursuance of section 93(4));
(b)any sum payable to the diocesan board of finance by way of—
(i)the price payable for any interest in property on its acquisition in pursuance of Chapter I, or
(ii)a premium on the grant of a new lease of property under Chapter II or section 93(4),
shall be paid to the Church Commissioners to be applied for purposes for which the proceeds of any such disposition of property by agreement would be applicable under any enactment or Measure authorising such a disposition or disposing of the proceeds of such a disposition; and
(c)any sum required for the payment of compensation as mentioned in paragraph 5(2)(b) above may be paid by the Church Commissioners on behalf of the diocesan board of finance out of any money held by them.
(5)In this paragraph “diocesan board of finance” and “diocesan glebe land” have the same meaning as in the M9Endowments and Glebe Measure 1976.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: