Leasehold and Freehold Reform Act 2024

Section 70

Schedule 11 Part 4: consequential amendments

Part 1 Amendments consequential on section 68

1 The LTA 1985 is amended in accordance with paragraphs 2 to 13.

2 In section 5 (information to be contained in rent books)—

(a) in subsection (3)—

(i) in the words before paragraph (a), for “Secretary of State” substitute “appropriate authority”;

(ii) in paragraph (b), omit the words from “which shall” to the end;

(b) after subsection (3) insert—

“(4) A statutory instrument containing regulations under this section is subject to the negative procedure.”

3 In section 10B(8) (regulations under section 10A), for the words from “may not be made” to the end substitute “is subject to the affirmative procedure”.

4 In section 20 (consultation requirements)—

(a) in subsection (4), for “Secretary of State” substitute “appropriate authority”;

(b) in subsection (5), for “Secretary of State” substitute “appropriate authority”.

5 In section 20ZA (consultation requirements: supplementary)—

(a) in subsection (3), for “Secretary of State” substitute “appropriate authority”;

(b) in subsection (4), for “Secretary of State” substitute “appropriate authority”;

(c) in subsection (7), omit the words from “which shall” to the end;

(d) after subsection (7) insert—

“(8) A statutory instrument containing regulations under section 20 or this section is subject to the negative procedure.”

6 In section 20E(4) (regulations under section 20D) for the words from “annulment” to the end substitute “the negative procedure”.

7 In section 20F(7) (limitation of service charges: excluded costs for higher risk buildings), for the words from “annulment” to the end substitute “the negative procedure”.

8 In section 29 (meaning of “recognised tenants’ association”)—

(a) in subsection (5), for “Secretary of State” substitute “appropriate authority”;

(b) in subsection (6)(b), omit the words from “which shall” to the end;

(c) after subsection (6) insert—

“(7) A statutory instrument containing regulations under subsection (5) is subject to the negative procedure.”

9 In section 29A (tenants’ associations: power to request information about tenants), in subsection (7), for the words from “annulment” to the end substitute “the negative procedure”.

10 In section 30D(9) (liability for building safety costs), for the words from “may not be made” to the end substitute “is subject to the affirmative procedure”.

11 In section 31 (reserve power to limit rents)—

(a) in subsection (1), for “Secretary of State” substitute “appropriate authority”;

(b) in subsection (4), omit the words from “which shall” to the end;

(c) after subsection (4) insert—

“(5) A statutory instrument containing an order under this section is subject to the negative procedure.”

12 In section 35 (application to Isles of Scilly)—

(a) in subsection (2), omit the words from “which shall” to the end;

(b) after subsection (2) insert—

“(3) A statutory instrument containing an order under this section is subject to the negative procedure.”

13 In paragraph 7(5) of the Schedule (right to notify insurers of possible claim), for “Secretary of State” substitute “appropriate authority”.

Part 2 Other consequential amendments

14 The LTA 1985 is amended in accordance with paragraphs 15 to 17.

15 In section 23A (effect of change of landlord)—

(a) in subsection (1), for “sections 21 to 23” substitute “sections 21D to 21H or the Schedule”;

(b) in subsection (4)—

(i) for “sections 21 to 23 and any regulations under section 21” substitute “sections 21D to 21H, the Schedule, and any regulations under those sections or the Schedule”;

(ii) omit paragraph (b) and the “but” preceding it;

(iii) omit paragraph (c).

16 In section 26 (exception for tenants of certain public authorities)—

(a) in subsection (1)—

(i) for the words from “Sections 18 to 25” to “do not apply” substitute “Sections 18 to 25A do not apply”;

(ii) for “, in which case sections 18 to 24 apply but section 25 (offence of failure to comply) does not” substitute “(but see subsection (1A));

(b) after subsection (1) insert—

“(1A) The following sections do not apply to a service charge payable by a tenant under a long tenancy of a landlord referred to in subsection (1)—

(a) section 20H (right to claim where excluded insurance costs charged);

(b) section 20K (right to claim where costs charged in breach of section 20J);

(c) section 25A (enforcement of duties relating to service charges).”

17 In section 27 (exception for rent registered and not entered as variable), for the words from “Sections 18 to 25” to “do not apply” substitute “Sections 18 to 25A do not apply”.

18 In Schedule 5 to the Housing and Planning Act 1986 (miscellaneous amendments), omit paragraph 9(2).

19 In Schedule 2 to the LTA 1987 (amendments to the LTA 1985)—

(a) omit paragraph 1 and the italic heading preceding it;

(b) omit paragraph 5 and the italic heading preceding it;

(c) omit paragraph 6 and the italic heading preceding it.

20 In Schedule 11 to the Local Government and Housing Act 1989 (minor and consequential amendments), omit paragraph 91.

21 In section 83 of the Housing Act 1996 (determination of reasonableness of service charges), omit subsection (4).

22 In Schedule 1 to the Housing Grants, Construction and Regeneration Act 1996 (consequential amendments), omit paragraph 12.

23 In the CLRA 2002—

(a) omit section 152 (statements of account);

(b) omit section 153 (notice to accompany demands for service charges);

(c) omit section 154 (inspection etc of documents);

(d) in section 160 (third parties with management responsibilities), omit subsection (4)(d);

(e) in Schedule 7 (amendment of references to landlords)—

(i) omit paragraph 4(4);

(ii) omit paragraph 5(4);

(f) in Schedule 9 (meaning of service charge and management), omit paragraph 7;

(g) in Schedule 10 (minor and consequential amendments)—

(i) omit paragraph 1;

(ii) omit paragraph 3;

(iii) omit paragraph 4;

(iv) omit paragraph 6;

(v) omit paragraph 8;

(vi) omit paragraph 9;

(vii) omit paragraph 10;

(viii) omit paragraph 11;

(ix) omit paragraph 12;

(x) omit paragraph 13.

24 In Schedule 15 to the Housing Act 2004 (minor and consequential amendments), omit paragraph 32 and the italic heading preceding it.

25 In the Housing and Regeneration Act 2008 (service charges)—

(a) in Schedule 12, omit paragraphs 1 to 10;

(b) in Schedule 16, omit the entry for the LTA 1985.

26 In Schedule 9 to the Crime and Courts Act 2013, in paragraph 52(2) (amendment of references to county court), in the entry for the LTA 1985, omit “section 20C(2), and”.

27 In the Housing (Wales) Act 2014 (anaw 7), in the English language text and in the Welsh language text, omit section 128 (exception from offence for social housing).

28 In the Housing and Planning Act 2016, omit section 131 (limitation of administration charges: costs of proceedings).

29 In the BSA 2022—

(a) in section 112 (implied terms in leases), omit subsections (4) and (7);

(b) in Schedule 8 (remediation costs), omit paragraph 17.