Education and Inspections Act 2006

Education and Inspections Act 2006

2006 CHAPTER 40

Commentary

Part 9: Miscellaneous

Section 177: University bodies: amendments of section 29 of Leasehold Reform Act 1967

691. The Leasehold Reform Act 1967 enables tenants of houses held on long leases at low rents to acquire the freehold or an extended lease of those houses. Section 29 of the 1967 Act enables university bodies who are landlords, on the acquisition of the freehold by, or the granting of an extended lease to, a tenant, to impose with the consent of the Secretary of State or the National Assembly for Wales (as the case may be) restrictive covenants on tenants for the purpose of reserving the relevant land for possible development by that body or a related university body.

692. “University body” and “related university body” are defined in section 28 of the 1967 Act and include bodies such as universities and colleges of a university.

693. This section amends section 29 of the Leasehold Reform Act 1967 so that university bodies will be able to impose covenants without needing first to obtain the consent of the Secretary of State or the National Assembly for Wales. The amendments also make clear that such covenants can only be imposed for the purposes of the university body concerned or any related university body.

694. The Secretary of State or National Assembly for Wales’ consent will still need to be obtained in respect of applications not determined at the date on which this section comes into force: see subsection (4).