Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

SCHEDULES

SCHEDULE 3 E+W THE INITIAL NOTICE: SUPPLEMENTARY PROVISIONS

Commencement Information

I1 Sch. 3 wholly in force at 1.11.1993 see s. 188(2) and S.I. 1993/2134, art. 5

Part II E+W PROCEDURE FOR GIVING COPIES TO RELEVANT LANDLORDS

Application of Part II E+W

11 E+W This Part of this Schedule has effect where a notice under section 13 is given in a case to which section 9(2) [F1 or (2A)] applies.

Textual Amendments

F1 Words in Sch. 3 Pt. II para. 11 inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 17(2); S.I. 1996/2212, art. 2(2) (with savings in art. 2(2), Sch. para. 4)

Qualifying tenants to give copies of initial notice E+W

12 (1) [F2 In a case to which section 9(2) applies,]the qualifying tenants by whom the initial notice is given shall, in addition to giving the initial notice to the reversioner in respect of the specified premises, give a copy of the notice to every other person known or believed by them to be a relevant landlord of those premises. E+W

(2) The initial notice shall state whether copies are being given in accordance with sub-paragraph (1) to anyone other than the recipient and, if so, to whom.

Textual Amendments

F2 Words at the beginning of Sch. 3 Pt. II para. 12(1) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 17(3); S.I. 1996/2212, art. 2(2) (with savings in art. 2(2), Sch. para. 4)

[F3 12A (1) In a case to which section 9(2A) applies, the qualifying tenants by whom the initial notice is given shall, in addition to giving the initial notice to the person specified in it as the recipient, give a copy of the notice to every other person known or believed by them to be a relevant landlord of the specified premises. E+W

(2) The initial notice shall state whether copies are being given in accordance with sub-paragraph (1) to anyone other than the person specified in it as the recipient and, if so, to whom.]

Textual Amendments

F3 Sch. 3 Pt. II para. 12A inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 17(4); S.I. 1996/2212, art. 2(2) (with savings in art. 2(2), Sch. para. 4)

Recipient of notice or copy to give further copies E+W

13 (1) Subject to sub-paragraph (2), a recipient of the initial notice or of a copy of it (including a person receiving a copy under this sub-paragraph) shall forthwith give a copy to any person who— E+W

(a) is known or believed by him to be a relevant landlord, and

(b) is not stated in the recipient’s copy of the notice, or known by him, to have received a copy.

(2) Sub-paragraph (1) does not apply where the recipient is neither the reversioner nor another relevant landlord.

(3) Where a person gives any copies of the initial notice in accordance with sub-paragraph (1), he shall—

(a) supplement the statement under paragraph 12(2) [F4 or, as the case may be, 12A(2)] by adding any further persons to whom he is giving copies or who are known to him to have received one; and

(b) notify the qualifying tenants by whom the initial notice is given of the persons added by him to that statement.

Textual Amendments

F4 Words in Sch. 3 Pt. II para. 13(3)(a) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 17(5); S.I. 1996/2212, art. 2(2) (with savings in art. 2(2), Sch. para. 4)

Consequences of failure to comply with paragraph 12 or 13 E+W

14 (1) Where— E+W

(a) a relevant landlord of the specified premises does not receive a copy of the initial notice before the end of the period specified in it in pursuance of section 13(3)(g), but

(b) he was given a notice under section 11 by any of the qualifying tenants by whom the initial notice was given and, in response to the notice under that section, notified the tenant in question of his interest in the specified premises,

the initial notice shall cease to have effect at the end of that period.

(2) Where—

(a) sub-paragraph (1) does not apply, but

(b) any person fails without reasonable cause to comply with paragraph 12 [F5 , 12A] or 13 above, or is guilty of any unreasonable delay in complying with [F6 any] of those paragraphs,

he shall be liable for any loss thereby occasioned to the qualifying tenants by whom the initial notice was given or to the reversioner or any other relevant landlord.

Textual Amendments

F5 Word ",12A" in Sch. 3 Pt. II para. 14(2)(b) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 17(6)(a); S.I. 1996/2212, art. 2(2) (with savings in art. 2(2), Sch. para. 4)

F6 Word in Sch. 3 Pt. II para. 14(2)(b) substituted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 17(6)(b); S.I. 1996/2212, art. 2(2) (with savings in art. 2(2), Sch. para. 4)