Prospective
Exception to enfranchisement for certified community housing providersE+W
4(1)The LRA 1967 is amended as follows.
(2)In section 1 (tenants eligible for enfranchisement and extension), after subsection (1B) insert—
“(1C)This Part of this Act does not confer on a tenant a right to acquire the freehold of a house and premises if the landlord under the existing tenancy is a certified community housing provider (see section 4B).”
(3)After section 4A insert—
“4BMeaning of “certified community housing provider”
(1)For the purposes of this Part of this Act, a person is a “certified community housing provider” if the appropriate tribunal has issued a community housing certificate in respect of the person.
(2)A community housing certificate is a certificate that the tribunal has determined that the person—
(a)is a community land trust within the meaning of section 2(7A) of the Leasehold Reform (Ground Rent) Act 2022, or
(b)is of a description, or satisfies conditions, specified for this purpose in regulations made by the Secretary of State.
(3)The tribunal may issue a community housing certificate only in respect of a person that has made an application to the tribunal for the certificate.
(4)The tribunal may cancel a community housing certificate—
(a)on the application of the person in respect of which the certificate is issued, or
(b)on the application of a tenant affected by the certificate, if the tribunal considers that—
(i)the person in respect of which the certificate is issued does not fall within subsection (2)(a) or (b), or
(ii)the certificate was obtained by deception or fraud.
For this purpose a tenant is “affected by” a certificate if, by virtue of section 1(1C), the tenant does not have the right to acquire the freehold because the certificate is issued in respect of their landlord.
(5)The effect of the tribunal cancelling the certificate is that the person is not a certified community housing provider unless the tribunal issues a new community housing certificate.
(6)The Secretary of State may by regulations provide for—
(a)the procedure to be followed in connection with an application for a community housing certificate;
(b)the procedure to be followed for the cancellation of a community housing certificate (including in connection with an application for the cancellation);
(c)any matters to which the tribunal must have regard in deciding whether to issue or cancel a community housing certificate.
(7)The Secretary of State may by regulations make provision about the application of this Part in circumstances where—
(a)a landlord’s application for a community housing certificate has not been concluded when a tenant gives notice of their desire to have the freehold of a house and premises under this Part, or
(b)a tenant’s claim to have the freehold of a house and premises under this Part has not been concluded when a landlord’s application for a community housing certificate is made.
(8)Regulations under subsection (7) may in particular provide for—
(a)the claim for the freehold to be paused or to have no effect;
(b)a time period for the purposes of this Part to be extended in connection with the application;
(c)the landlord to compensate a tenant or reversioner in respect of reasonable costs incurred in connection with a claim to acquire the freehold—
(i)if the tenant ceases to have the right to acquire the freehold because of the issue of a certificate under this section, or
(ii)if the costs are incurred as a result of the claim being suspended because of an application for a certificate under this section;
(d)enforcement by the appropriate tribunal of any of the requirements of the regulations;
(e)the appropriate tribunal to make orders that are supplementary to the issue of a community housing certificate.
(9)Regulations under this section are to be made by statutory instrument.
(10)A statutory instrument containing regulations under this section (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
Commencement Information
I1Sch. 3 para. 4 not in force at Royal Assent, see s. 124(3)