Leasehold and Freehold Reform Act 2024

General

24 Part 1: Crown application

This Part binds the Crown.

25 Power to amend: permitted leases and definitions

(1) The Secretary of State may by regulations—

(a) amend the following definitions—

(i) “long residential lease of a house” in section 2;

(ii) a lease which has a “long term” in section 3;

(iii) “house” in section 5;

(b) amend Schedule 1.

(2) A statutory instrument containing (whether alone or with other provision)—

(a) regulations under subsection (1)(a), or

(b) regulations under subsection (1)(b) which add a category of lease to Schedule 1 or omit a category of lease from that Schedule,

is subject to the affirmative procedure.

(3) Any other statutory instrument containing regulations under subsection (1)(b) is subject to the negative procedure.

(4) See also the powers to make regulations under paragraphs 2(1)(b), 3(1)(b), 7(2) and 8(1)(b) of Schedule 1.

(5) The provision that may be made by regulations under this section by virtue of section 122(1) (consequential etc provision) includes provision amending or repealing any provision of this Part.

26 Interpretation of Part 1

(1) In this Part—

• “appropriate tribunal” means—

  (a)

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

  (b)

  in relation to a lease of a house in Wales, a leasehold valuation tribunal;

• “appurtenant property”, in relation to a house, means any garage, outhouse, garden, yard or appurtenances belonging to, or usually enjoyed with, the house;

• “enforcement authority” means a local weights and measures authority in England or Wales;

• “house”: see section 5;

• “lead enforcement authority” has the meaning given by section 20;

• “lease”—

  (a)

  means a lease at law or in equity (and references to the grant or assignment of a lease are to be construed accordingly);

  (b)

  includes a sub-lease;

  (c)

  does not include a mortgage term;

• “leasehold house restrictions” has the meaning given by section 17(2);

• “long residential lease of a house”: see section 2;

• “long term”, in relation to a lease: see section 3;

• “notify” means notify in writing, and “notification” is to be construed accordingly;

• “permitted lease”: see section 7;

• “permitted lease certificate” means a certificate issued by the appropriate tribunal under section 8;

• “residential lease”: see section 6.

(2) In this Part, references to the grant of a lease in relation to a lease which takes effect as a deemed surrender and regrant of a lease are to the regrant of the lease.