Commonhold and Leasehold Reform Act 2002

Absent landlords E+W

148 Applications to be to county court E+W

(1) Section 27 of the 1967 Act (enfranchisement where landlord cannot be found) is amended as follows.

(2) In subsection (1)—

(a) for “the High Court” (in both places), and

(b) for “the Court”,

substitute “ the court ”.

(3) In subsection (2)—

(a) for “the High Court” (in each place), and

(b) for “the Court” (in both places),

substitute “ the court ”.

(4) In subsection (3)—

(a) for “the Supreme Court”, and

(b) for “High Court” (in both places),

substitute “ court ”.

(5) In subsection (4), for “High Court” substitute “ court ”.

(6) In subsection (6), for “the Supreme Court” substitute “ court ”.

(7) In subsection (7)—

(a) for “the High Court” (in both places), and

(b) for “the Court”,

substitute “ the court ”.

Commencement Information

I1 S. 148 wholly in force at 30.3.2004; s. 148 not in force at Royal Assent see s. 181(1); s. 148 in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); s. 148 in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(c)(i) (with Sch. 2)

149 Valuation by leasehold valuation tribunal E+W

(1) In section 27 of the 1967 Act (enfranchisement where landlord cannot be found), for subsection (5) substitute—

“(5) The appropriate sum which, in accordance with subsection (3) above, is to be paid into court is the aggregate of—

(a) such amount as may be determined by (or on appeal from) a leasehold valuation tribunal to be the price payable in accordance with section 9 above; and

(b) the amount or estimated amount (as so determined) of any pecuniary rent payable for the house and premises up to the date of the conveyance which remains unpaid.”

(2) In section 21(1) of the 1967 Act (jurisdiction of leasehold valuation tribunals), after paragraph (c) insert—

“(cza) the amount of the appropriate sum to be paid into court under section 27(5);”.

Commencement Information

I2 S. 149 wholly in force at 30.3.2004; s. 149 not in force at Royal Assent see s. 181(1); s. 149 in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); s. 149 in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(c)(i) (with Sch. 2)