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SCHEDULES

SCHEDULE 9E+W GRANT OF LEASES BACK TO FORMER FREEHOLDER

Extent Information

E1Sch. 9 wholly in force at 1.11.1993 see s. 188(2) and S.I. 1993/2134, art. 5

Part IIE+W MANDATORY LEASEBACK

Flats etc. let under secure tenancies [F1or secure contracts] E+W

Textual Amendments

2(1)This paragraph applies where immediately before the appropriate time any flat [F2falling within sub-paragraph (1A)] is let under a secure tenancy [F3or an introductory tenancy] [F4or a secure contract (or an introductory standard contract)] and either—E+W

(a)the freeholder is the tenant’s immediate landlord, or

(b)the freeholder is a public sector landlord and every intermediate landlord of the flat (as well as the immediate landlord under the secure tenancy [F3or the introductory tenancy] [F5or the secure contract (or the introductory standard contract)]) is also a public sector landlord.

F6[(1A)A flat falls within this sub-paragraph if—

(a)the freehold of the whole of it is owned by the same person, and

(b)it is contained in the specified premises.]

(2)Sub-paragraph (1)(b) has effect whether any such intermediate landlord, or the immediate landlord under the secure tenancy [F7or the introductory tenancy] [F8or the secure contract (or the introductory standard contract)], is or is not a qualifying tenant of the flat.

(3)Where this paragraph applies, the nominee purchaser shall grant to the freeholder a lease of the flat in accordance with section 36 and paragraph 4 below.

(4)In this paragraph any reference to a flat includes a reference to a unit (other than a flat) which is used as a dwelling.

Textual Amendments

F2Words in Sch. 9 para. 2(1) substituted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 20(3); S.I. 1996/2212, art. 2(2) (with saving in Sch.)

F3Words in Sch. 9 para. 2(1) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 9(d)(i)

F7Words in Sch. 9 para. 2(2) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 9(d)(ii)

Flats etc. let by housing associations under tenancies other than secure tenancies [F9or secure contracts] E+W

Textual Amendments

3(1)This paragraph applies where immediately before the appropriate time any flat [F10falling within sub-paragraph (1A)] is let by a housing association under a tenancy other than a secure tenancy [F11or secure contract] and—E+W

(a)the housing association is the freeholder, and

(b)the tenant is not a qualifying tenant of the flat.

F12[(1A)A flat falls within this sub-paragraph if—

(a)the freehold of the whole of it is owned by the same person, and

(b)it is contained in the specified premises.]

(2)Where this paragraph applies, the nominee purchaser shall grant to the freeholder (that is to say, the housing association) a lease of the flat in accordance with section 36 and paragraph 4 below.

(3)In this paragraph any reference to a flat includes a reference to a unit (other than a flat) which is used as a dwelling.

Textual Amendments

F10Words in Sch. 9 para. 3(1) substituted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 20(4); S.I. 1996/2212, art. 2(2) (with savings in Sch.)

Provisions as to terms of leaseE+W

4(1)Any lease granted to the freeholder in pursuance of paragraph 2 or 3, and any agreement collateral to it, shall conform with the provisions of Part IV of this Schedule except to the extent that any departure from those provisions is agreed to by the nominee purchaser and the freeholder with the approval of [F13the appropriate tribunal].E+W

(2)[F14The appropriate tribunal] shall not approve any such departure from those provisions unless it appears to the tribunal that it is reasonable in the circumstances.

(3)In determining whether any such departure is reasonable in the circumstances, the tribunal shall have particular regard to the interests of the tenant under the secure tenancy [F15or introductory tenancy] [F16or the secure contract (or introductory standard contract)] referred to in paragraph 2(1) or (as the case may be) under the housing association tenancy referred to in paragraph 3(1).

(4)Subject to the preceding provisions of this paragraph, any such lease or agreement as is mentioned in sub-paragraph (1) may include such terms as are reasonable in the circumstances.

Textual Amendments

F15Words in Sch. 9 para. 4(3) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 9(d)(iii)

[F174A.E+WIn this Part of this Schedule, the following terms have the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1)—

(a)“introductory standard contract” (see section 16 of that Act);

(b)“secure contract” (see section 8 of that Act).]

Textual Amendments