Part I LANDLORD AND TENANT

C1Chapter I COLLECTIVE ENFRANCHISEMENT IN CASE OF TENANTS OF FLATS

Annotations:
Modifications etc. (not altering text)
C1

Pt. 1 Ch. 1: power to amend conferred (20.1.2007) by Companies Act 2006 (c. 46), ss. 1181(1)(a), 1300(2); S.I. 2006/3428, art. 3(3) (with arts. 6, 8(2))

Supplemental

38 Interpretation of Chapter I.

1

In this Chapter (unless the context otherwise requires)—

  • F3“appropriate tribunal” means—

    1. a

      in relation to premises in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and

    2. b

      in relation to premises in Wales, a leasehold valuation tribunal.

  • conveyance” includes assignment, transfer and surrender, and related expressions shall be construed accordingly;

  • the initial notice” means the notice given under section 13;

  • F4“introductory standard contract” has the same meaning given by section 16 of the Renting Homes (Wales) Act 2016 (anaw 1);

  • F1“introductory tenancy” has the same meaning as in Chapter 1 of Part V of the Housing Act 1996,

  • the nominee purchaser” shall be construed in accordance with section 15;

  • the participating tenants” shall be construed in accordance with section 14;

  • premises with a resident landlord” shall be construed in accordance with section 10;

  • public sector landlord” means any of the persons listed in section 171(2) of the M1Housing Act 1985;

  • qualifying tenant” shall be construed in accordance with section 5;

  • the relevant date” has the meaning given by section 1(8);

  • relevant landlord” and “the reversioner” shall be construed in accordance with section 9;

  • the right to collective enfranchisement” means the right specified in section 1(1);

  • F4“secure contract” has the same meaning given by section 8 of the Renting Homes (Wales) Act 2016;

  • secure tenancy” has the meaning given by section 79 of the Housing Act 1985;

  • the specified premises” shall be construed in accordance with section 13(12);

  • the terms of acquisition” has the meaning given by section 24(8);

  • unit” means—

    1. a

      a flat;

    2. b

      any other separate set of premises which is constructed or adapted for use for the purposes of a dwelling; or

    3. c

      a separate set of premises let, or intended for letting, on a business lease.

2

Any reference in this Chapter (however expressed) to the acquisition or proposed acquisition by the nominee purchaser is a reference to the acquisition or proposed acquisition by the nominee purchaser, on behalf of the participating tenants, of such freehold and other interests as fall to be so acquired under a contract entered into in pursuance of the initial notice.

3

Any reference in this Chapter to the interest of a relevant landlord in the specified premises is a reference to the interest in those premises by virtue of which he is, in accordance with section 9(2)(b) F2or (2A)(b), a relevant landlord.

4

Any reference in this Chapter to agreement in relation to all or any of the terms of acquisition is a reference to agreement subject to contract.