- Latest available (Revised)
- Original (As enacted)
This version of this part contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are currently no known outstanding effects for the Leasehold and Freehold Reform Act 2024, Part 7.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Prospective
In section 2(4)(b) of the RA 1977 (meaning of “estate rentcharge”), for “or repairs” substitute “, repairs or improvements”.
Commencement Information
I1S. 112 not in force at Royal Assent, see s. 124(3)
(1)The Law of Property Act 1925 is amended in accordance with this section.
(2)Before section 121 insert—
(1)For the purposes of sections 120B to 122 a rentcharge is “regulated” if it is of a kind that could not be created in accordance with section 2 of the Rentcharges Act 1977.
“charged land” means the land which is, or the land the income of which is, charged by the rentcharge;
“demand for payment” means a notice under section 120B(1)(a) demanding payment of regulated rentcharge arrears;
“landowner”, in relation to a sum that is charged by rentcharge, means the person who holds the charged land;
“regulated rentcharge arrears” means a sum charged by a regulated rentcharge that is unpaid after the time appointed for its payment;
“rent owner”, in relation to a sum that is charged by rentcharge, means the person who holds title to the rentcharge.
(1)No action to recover or compel payment of regulated rentcharge arrears may be taken unless—
(a)the rent owner has served the landowner with notice demanding payment of those arrears,
(b)the demand for payment complies with the requirements of subsection (2),
(c)the demand for payment either—
(i)complies with the requirements of subsection (3), or
(ii)does not need to comply with those requirements (see subsection (5)), and
(d)the period of 30 days, beginning with the day on which the demand for payment is served, has ended.
(2)The demand for payment must set out—
(a)the name of the rent owner;
(b)the address of the rent owner and, if that address is not in England and Wales, an address in England and Wales at which notices (including notices in proceedings) may be served on the rent owner by the landowner;
(c)the amount of the regulated rentcharge arrears;
(d)how that amount has been calculated;
(e)details of how to pay that amount.
(3)The demand for payment must set out, or be served with—
(a)a copy of the instrument creating the regulated rentcharge;
(b)proof that title to the regulated rentcharge is held by the rent owner.
(4)The demand for payment is to be taken to comply with the requirement in subsection (3)(b) if—
(a)in a case where the rent owner’s title to the regulated rentcharge is registered at the Land Registry, the demand includes a copy of that registered title; or
(b)in a case where title to the regulated rentcharge is not registered at the Land Registry, the demand includes copies of the instruments by which title to the rentcharge has passed to the rent owner.
(5)A demand for payment served by a rent owner on a landowner in relation to a regulated rentcharge does not need to comply with subsection (3) if—
(a)a previous demand for payment that has been served by that rent owner on that landowner in relation to that rentcharge complied with that subsection, and
(b)since the service of that previous demand, there has been no material change in the matters to which subsection (3) relates.
(6)No sum is payable by the landowner in respect of the preparation or service of a demand for payment (including obtaining or preparing documents or copies in order to comply with subsection (3)).
(7)This section applies to action to recover or compel payment of rentcharge arrears whether the action is authorised by this Act or is otherwise available (and includes bringing proceedings).
(1)This section applies if—
(a)notice under section 120B demanding the payment of rentcharge arrears is served in compliance with the requirements of section 196(3) or (4), but
(b)the place of abode or business at which the notice is left, or to which the notice is sent, in compliance with those requirements is not the charged land.
(2)The notice is sufficiently served only if (in addition to complying with the requirements of section 196(3) or (4))—
(a)it is affixed or left for the landowner on the charged land, or
(b)it is sent by post in a registered letter addressed to the landowner, by name, at the charged land, and if that letter is not returned by the postal operator (within the meaning of Part 3 of the Postal Services Act 2011) concerned undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.
(1)The Secretary of State may by regulations limit the amounts payable by landowners, directly or indirectly, in respect of action to recover or compel payment of regulated rentcharge arrears.
(2)Regulations under this section may (in particular) provide that no amount is to be payable by landowners in respect of particular descriptions of action to recover or compel payment of regulated rentcharge arrears.
(3)Regulations under this section may make—
(a)different provision for different cases;
(b)transitional or saving provision.
(4)Regulations under this section are to be made by statutory instrument.
(5)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”
(3)In section 121 (remedies for the recovery of annual sums charged on land) after subsection (1) insert—
“(1A)But where such a sum is charged by way of a regulated rentcharge, the rent owner does not have any of those remedies for recovering and compelling payment of the sum on and after 27 November 2023.”
(4)In section 122 (creation of rentcharges charged on another rentcharge and remedies for recovery thereof), after subsection (1) insert—
“(1A)But on and after 27 November 2023 such a rentcharge or other annual sum may not be granted, reserved, charged or created out of or on another rentcharge if it is a regulated rentcharge.”
(5)The amendments made by subsections (1) to (4) have effect in relation to rentcharge arrears arising before or after the coming into force of this section.
(6)After section 122 insert—
An instrument creating a rentcharge, or a contract or any other arrangement, (whenever entered into) is of no effect to the extent that it makes provision that is contrary to—
(a)section 120B, 120C, 121(1A) or 122(1A), or
(b)regulations under section 120D.”
Commencement Information
I2S. 113 in force at 24.7.2024, see s. 124(2)(a)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: