Part III Landlord and Tenant

Chapter III Leasehold Reform

Miscellaneous

118 Estate management schemes in connection with enfranchisement by virtue of s. 106.

(1)

Chapter IV of Part I of the 1993 Act, except section 75(1), (estate management schemes in connection with enfranchisement by virtue of that Act) shall also have effect subject to the modifications mentioned in subsections (2) to (4) below.

(2)

In section 69(1) (definition of estate management schemes), for paragraphs (a) and (b) there shall be substituted—

“(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 by virtue of the amendments of that Chapter made by paragraph 3 of Schedule 9 to the Housing Act 1996,”.

(3)

In section 70 (time limit for applications for approval), for “two years beginning with the date of the coming into force of this section” there shall be substituted “ two years beginning with the coming into force of section 118 of the Housing Act 1996 ”.

(4)

In section 74 (effect of application for approval on claim to acquire freehold), in subsection (1)—

(a)

in paragraph (b), in sub-paragraph (i), the words from “being” to the end shall be omitted, and

(b)

after that paragraph there shall be inserted“and

(c)

in the case of an application for the approval of a scheme as an estate management scheme, the scheme would extend to the house or premises if acquired in pursuance of the notice.”.

(5)

Section 94(6) to (8) of the 1993 Act (estate management schemes relating to Crown land) shall also have effect with the substitution for any reference to a provision of Chapter IV of Part I of that Act of a reference to that provision as it has effect by virtue of subsection (1) above.

(6)

In section 33 of the M2National Heritage Act 1983 (general functions of the Historic Buildings and Monuments Commission for England), after subsection (2B) there shall be inserted—

“(2C)

In subsection (2B), references to provisions of the M3Leasehold Reform, Housing and Urban Development Act 1993 include references to those provisions as they have effect by virtue of section 118(1) of the Housing Act 1996.”.

(7)

In section 72 of the M4Planning (Listed Buildings and Conservation Areas) Act 1990 (general duty as respects conservation area in exercise of planning functions), at the end there shall be inserted—

“(3)

In subsection (2), references to provisions of the Leasehold Reform, Housing and Urban Development Act 1993 include references to those provisions as they have effect by virtue of section 118(1) of the Housing Act 1996.”.

(8)

In this section, “the 1993 Act” means the Leasehold Reform, Housing and Urban Development Act 1993.