Leasehold Reform, Housing and Urban Development Act 1993

Part II E+W MANDATORY LEASEBACK

Flats etc. let under secure tenancies [F1 or secure contracts] E+W

Textual Amendments

F1 Words in Sch. 9 para. 2 heading inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 22(5)(a)

2 (1) This paragraph applies where immediately before the appropriate time any flat [F2 falling within sub-paragraph (1A)] is let under a secure tenancy [F3 or an introductory tenancy] [F4 or 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 [F3 or the introductory tenancy] [F5 or 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 [F7 or the introductory tenancy] [F8 or 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

F2 Words 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.)

F3 Words in Sch. 9 para. 2(1) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 9(d)(i)

F4 Words in Sch. 9 para. 2(1) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 22(5)(b)

F5 Words in Sch. 9 para. 2(1)(b) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 22(5)(c)

F6 Sch. 9 para. 2(1A) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 20(3); S.I. 1996/2212, art. 2(2) (with savings in Sch.)

F7 Words in Sch. 9 para. 2(2) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 9(d)(ii)

F8 Words in Sch. 9 para. 2(2) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 22(5)(d)

Flats etc. let by housing associations under tenancies other than secure tenancies [F9 or secure contracts] E+W

Textual Amendments

F9 Words in Sch. 9 para. 3 heading inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 22(5)(e)

3 (1) This paragraph applies where immediately before the appropriate time any flat [F10 falling within sub-paragraph (1A)] is let by a housing association under a tenancy other than a secure tenancy [F11 or 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

F10 Words 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.)

F11 Words in Sch. 9 para. 3(1) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 22(5)(f)

F12 Sch. 9 para. 3(1A) inserted (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 lease E+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 [F13 the appropriate tribunal]. E+W

(2) [F14 The 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 [F15 or introductory tenancy] [F16 or 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

F13 Words in Sch. 9 para. 4(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 126(a) (with Sch. 3)

F14 Words in Sch. 9 para. 4(2) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 126(b) (with Sch. 3)

F15 Words in Sch. 9 para. 4(3) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 9(d)(iii)

F16 Words in Sch. 9 para. 4(3) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 22(5)(g)

[F17 4A. E+W In 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

F17 Sch. 9 para. 4A inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 22(5)(h)