Leasehold Reform, Housing and Urban Development Act 1993

69 Estate management schemes.E+W

(1)For the purposes of this Chapter an estate management scheme is a scheme which (subject to sections 71 and 73) is approved by [F1the appropriate tribunal] under section 70 for an area occupied directly or indirectly under leases held from one landlord (apart from property occupied by him or his licensees or for the time being unoccupied) and which is designed to secure that in the event of tenants—

[F2(a)acquiring the landlord’s interest in their house and premises (“the house”) under Part I of the M1Leasehold Reform Act 1967 by virtue of the provisions of section 1AA of that Act (as inserted by paragraph 1 of Schedule 9 to the Housing Act 1996), or

(b)acquiring the landlord’s interest in any premises (“the premises”) in accordance with Chapter I of this Part of this Act [F3in circumstances in which, but for section 117(1) of the Commonhold and Leasehold Reform Act 2002 and the repeal by that Act of paragraph 3 of Schedule 9 to the Housing Act 1996, they would have been entitled to acquire it by virtue of the amendments of that Chapter made by that paragraph],]

the landlord will—

(i)retain powers of management in respect of the house or premises, and

(ii)have rights against the house or premises in respect of the benefits arising from the exercise elsewhere of his powers of management.

(2)An estate management scheme may make different provision for different parts of the area of the scheme, and shall include provision for terminating or varying all or any of the provisions of the scheme, or excluding part of the area, if a change of circumstances makes it appropriate, or for enabling it to be done by or with the approval of [F4the appropriate tribunal].

(3)Without prejudice to any other provision of this section, an estate management scheme may provide for all or any of the following matters—

(a)for regulating the redevelopment, use or appearance of property in which tenants have acquired the landlord’s interest as mentioned in subsection (1)(a) or (b);

(b)for empowering the landlord for the time being to carry out works of maintenance, repair, renewal or replacement in relation to any such property or carry out work to remedy a failure in respect of any such property to comply with the scheme, or for making the operation of any provisions of the scheme conditional on his doing so or on the provision or maintenance by him of services, facilities or amenities of any description;

(c)for imposing on persons from time to time occupying or interested in any such property obligations in respect of the carrying out of works of maintenance, repair, renewal or replacement in relation to the property or property used or enjoyed by them in common with others, or in respect of costs incurred by the landlord for the time being on any matter referred to in this paragraph or in paragraph (b) above [F5provided that where obligations are imposed in relation to an occupation contract they are not incompatible with a fundamental provision of the Renting Homes (Wales) Act 2016 (anaw 1)];

(d)for the inspection from time to time of any such property on behalf of the landlord for the time being, and for the recovery by him of sums due to him under the scheme in respect of any such property by means of a charge on the property;

and the landlord for the time being shall have, for the enforcement of any charge imposed under the scheme, the same powers and remedies under the M2Law of Property Act 1925 and otherwise as if he were a mortgagee by deed having powers of sale and leasing and of appointing a receiver.

[F6(3A)In this section, the following terms have the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1)—

(a)“fundamental provision” (see section 18 (see also section 19) of that Act);

(b)“occupation contract” (see section 7 of that Act).]

(4)Except as provided by the scheme, the operation of an estate management scheme shall not be affected by any disposition or devolution of the landlord’s interest in the property within the area of the scheme or in parts of that property; but the scheme—

(a)shall include provision for identifying the person who is for the purposes of the scheme to be treated as the landlord for the time being; and

(b)shall also include provision for transferring, or allowing the landlord for the time being to transfer, all or any of the powers and rights conferred by the scheme on the landlord for the time being to a local authority or other body, including a body constituted for the purpose.

(5)Without prejudice to the generality of paragraph (b) of subsection (4), an estate management scheme may provide for the operation of any provision for transfer included in the scheme in accordance with that paragraph to be dependent—

(a)on a determination of [F7the appropriate tribunal] effecting or approving the transfer;

(b)on such other circumstances as the scheme may provide.

(6)An estate management scheme may extend to property in which the landlord’s interest is disposed of otherwise than as mentioned in subsection (1)(a) or (b) (whether residential property or not), so as to make that property, or allow it to be made, subject to any such provision as is or might be made by the scheme for property in which tenants acquire the landlord’s interest as mentioned in either of those provisions.

(7)In this Chapter references to the landlord for the time being shall have effect, in relation to powers and rights transferred to a local authority or other body as contemplated by subsection (4)(b) above, as references to that authority or body.

[F8(8)For the purposes of this Chapter, “appropriate tribunal” means—

(a)in relation to an area or areas in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and

(b)in relation to an area or areas in Wales, a leasehold valuation tribunal.]

Textual Amendments

F2S. 69(1)(a)(b) substituted (1.4.1997) by 1996 c. 52, s. 118(1)(2); S.I. 1997/618, art. 2(1) (with transitional savings in art. 2, Sch. para. 3)

F3Words in s. 69(1)(b) substituted (26.7.2002 for E. and 1.1.2003 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 117(2); S.I. 2002/1912, art. 2(b)(i) (subject to Sch. 2); S. I. 2002/3012, art. 2(b)(i) (subject to Sch. 2)

Marginal Citations