Leasehold and Freehold Reform Act 2024

General

98 Part 5: Crown application

(1) Sections 94 to 97 (sales information requests) bind the Crown.

(2) The other provisions of this Part—

(a) apply in relation to estate management carried out by, or on behalf of, a government department and otherwise bind the Crown in relation to such estate management, and

(b) bind the Crown in relation to other estate management only if carried out by, or on behalf of, a person other than the Crown.

99 Interpretation of Part 5

(1) In this Part—

• “administration charge” has the meaning given in section 83;

• “the appropriate authority” means—

  (a)

  in relation to England, the Secretary of State;

  (b)

  in relation to Wales, the Welsh Ministers;

• “the appropriate tribunal” means—

  (a)

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

  (b)

  in relation to a dwelling in Wales, a leasehold valuation tribunal;

• “arbitration agreement”, “arbitration proceedings” and “arbitral tribunal” have the same meaning as in Part 1 of the Arbitration Act 1996;

• “costs” includes overheads;

• “dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;

• “estate management” has the meaning given in section 72 (see section 72(2));

• “estate management charge” has the meaning given in section 72 (see section 72(8) and (9));

• “estate manager” has the meaning given in section 72 (see section 72(3) and (4));

• “information” includes a document containing information, and a copy of such a document;

• “long lease” has the meaning given in section 77(2) of the LRHUDA 1993;

• “managed dwelling” has the meaning given in section 72 (see section 72(5));

• “post-dispute arbitration agreement”, in relation to any matter, means an arbitration agreement made after a dispute about the matter has arisen;

• “relevant costs” has the meaning given in section 72 (see section 72(11) and (12));

• “relevant obligation” has the meaning given in section 72 (see section 72(6) and (7));

• “rentcharge” has the same meaning as in the RA 1977 (see section 1 of that Act).

(2) For the purposes of this Part, a person is an “owner” of a dwelling if—

(a) the person owns freehold land which comprises the dwelling,

(b) the person is a tenant of the dwelling under a long lease, or

(c) where the dwelling is part of a building—

(i) the person owns freehold land which comprises the building, or

(ii) the person is a tenant of the building under a long lease.