Commonhold and Leasehold Reform Bill [H.L.] - continued        House of Lords
PART II, LEASEHOLD REFORM - continued
Qualifying rules - continued

back to previous text
 
Long leases: further provisions.     74. - (1) A lease terminable by notice after a death or marriage is not a long lease if-
 
 
    (a) the notice is capable of being given at any time after the death or marriage of the tenant,
 
    (b) the length of the notice is not more than three months, and
 
    (c) the terms of the lease preclude both its assignment otherwise than by virtue of section 92 of the Housing Act 1985 (assignments by way of exchange) and the sub-letting of the whole of the demised premises.
      (2) Where the tenant of any property under a long lease, on the coming to an end of the lease, becomes or has become tenant of the property or part of it under any subsequent tenancy (whether by express grant or by implication of law), that tenancy is a long lease irrespective of its terms.
 
      (3) A lease-
 
 
    (a) granted for a term of years certain not exceeding 21 years, but with a covenant or obligation for renewal without payment of a premium (but not for perpetual renewal), and
 
    (b) renewed on one or more occasions so as to bring to more than 21 years the total of the terms granted (including any interval between the end of a lease and the grant of a renewal),
       is to be treated as if the term originally granted had been one exceeding 21 years.
 
      (4) Where a long lease-
 
 
    (a) is or was continued for any period under Part I of the Landlord and Tenant Act 1954 or under Schedule 10 to the Local Government and Housing Act 1989, or
 
    (b) was continued for any period under the Leasehold Property (Temporary Provisions) Act 1951,
       it remains a long lease during that period.
 
      (5) Where in the case of a flat there are at any time two or more separate leases, with the same landlord and the same tenant, and-
 
 
    (a) the property comprised in one of those leases consists of either the flat or a part of it (in either case with or without appurtenant property), and
 
    (b) the property comprised in every other lease consists of either a part of the flat (with or without appurtenant property) or appurtenant property only,
       there shall be taken to be a single long lease of the property comprised in such of those leases as are long leases.
 
 
Claim to acquire right
Notice inviting participation.     75. - (1) Before making a claim to acquire the right to manage any premises, a RTM company must give notice to each person who at the time when the notice is given-
 
 
    (a) is the qualifying tenant of a flat contained in the premises, but
 
    (b) neither is nor has agreed to become a member of the RTM company.
      (2) A notice given under this section (referred to in this Chapter as a "notice of invitation to participate") must-
 
 
    (a) state that the RTM company intends to acquire the right to manage the premises,
 
    (b) invite the recipients of the notice to become members of the company, and
 
    (c) contain such other particulars (if any) as may be required to be contained in notices of invitation to participate by regulations made by the appropriate national authority.
      (3) A notice of invitation to participate must also comply with such requirements (if any) about the form of notices of invitation to participate as may be prescribed by regulations so made.
 
Right to obtain information.     76. - (1) A company which is a RTM company in relation to any premises may give to any person a notice requiring him to provide the company with any information-
 
 
    (a) which is in his possession or control, and
 
    (b) which the company reasonably requires in connection with the making of a claim to acquire the right to manage the premises.
      (2) Where the information is recorded in a document in the person's possession or control, the RTM company may give him a notice requiring him-
 
 
    (a) to permit any person authorised to act on behalf of the company at any reasonable time to inspect the document (or, if the information is recorded in the document in a form in which it is not readily intelligible, to give any such person access to it in a readily intelligible form), and
 
    (b) to supply the company with a copy of the document containing the information in a readily intelligible form on payment of a reasonable fee.
      (3) A person to whom a notice is given must comply with it within the period of 28 days beginning with the day on which it is given.
 
Notice of claim to acquire right.     77. - (1) A claim to acquire the right to manage any premises is made by giving notice of the claim (referred to in this Chapter as a "claim notice"); and in this Chapter the "relevant date", in relation to any claim to acquire the right to manage, means the date on which notice of the claim is given.
 
      (2) The claim notice may not be given unless each person required to be given a notice of invitation to participate has been given such a notice at least 14 days before.
 
      (3) The claim notice must be given by a RTM company which complies with subsection (4) or (5).
 
      (4) If on the relevant date there are only two qualifying tenants of flats contained in the premises, both must be members of the RTM company.
 
      (5) In any other case, the membership of the RTM company must on the relevant date include a number of qualifying tenants of flats contained in the premises which is not less than one-half of the total number of flats so contained.
 
      (6) The claim notice must be given to each person who on the relevant date is-
 
 
    (a) landlord under a lease of the whole or any part of the premises,
 
    (b) party to such a lease otherwise than as landlord or tenant, or
 
    (c) a manager appointed under Part II of the Landlord and Tenant Act 1987 (referred to in this Part as "the 1987 Act") to act in relation to the premises, or any premises containing or contained in the premises.
      (7) Subsection (6) does not require the claim notice to be given to a person who cannot be found or whose identity cannot be ascertained; but if this subsection means that the claim notice is not required to be given to anyone at all, section 82 applies.
 
      (8) A copy of the claim notice must be given to each person who on the relevant date is the qualifying tenant of a flat contained in the premises.
 
      (9) Where a manager has been appointed under Part II of the 1987 Act to act in relation to the premises, or any premises containing or contained in the premises, a copy of the claim notice must also be given to the leasehold valuation tribunal or court by which he was appointed.
 
Contents of claim notice.     78. - (1) The claim notice must comply with the following requirements.
 
      (2) It must specify the premises and contain a statement of the grounds on which it is claimed that they are premises to which this Chapter applies.
 
      (3) It must state the full name of each person who is both-
 
 
    (a) the qualifying tenant of a flat contained in the premises, and
 
    (b) a member of the RTM company,
       and the address of his flat.
 
      (4) And it must contain, in relation to each such person, such particulars of his lease as are sufficient to identify it, including-
 
 
    (a) the date on which it was entered into,
 
    (b) the term for which it was granted, and
 
    (c) the date of the commencement of the term.
      (5) It must state the name and registered office of the RTM company.
 
      (6) It must specify a date, not earlier than one month after the relevant date, by which each person who was given the notice under section 77(6) may respond to it by giving a counter-notice under section 81.
 
      (7) It must specify a date, at least one month after that specified under subsection (6), on which the RTM company intends to acquire the right to manage the premises.
 
      (8) It must also contain such other particulars (if any) as may be required to be contained in claim notices by regulations made by the appropriate national authority.
 
      (9) And it must comply with such requirements (if any) about the form of claim notices as may be prescribed by regulations so made.
 
Claim notice: supplementary.     79. - (1) A claim notice is not invalidated by any inaccuracy in any of the particulars required by or by virtue of section 78.
 
      (2) Where any of the members of the RTM company whose names are stated in the claim notice was not the qualifying tenant of a flat contained in the premises on the relevant date, the claim notice is not invalidated on that account, so long as a sufficient number of qualifying tenants of flats contained in the premises were members of the company on that date; and for this purpose a "sufficient number" is a number (greater than one) which is not less than one-half of the total number of flats contained in the premises on that date.
 
      (3) Where any premises have been specified in a claim notice, no subsequent claim notice which specifies-
 
 
    (a) the premises, or
 
    (b) any premises containing or contained in the premises,
       may be given so long as the earlier claim notice continues in force.
 
      (4) Where a claim notice is given by a RTM company it continues in force from the relevant date until the right to manage is acquired by the company unless it has previously-
 
 
    (a) been withdrawn or deemed to be withdrawn by virtue of any provision of this Chapter, or
 
    (b) ceased to have effect by reason of any other provision of this Chapter.
Right of access.     80. - (1) Where a RTM company has given a claim notice in relation to any premises, each of the persons specified in subsection (2) has a right of access to any part of the premises if that is reasonable in connection with any matter arising out of the claim to acquire the right to manage.
 
      (2) The persons referred to in subsection (1) are-
 
 
    (a) any person authorised to act on behalf of the RTM company,
 
    (b) any person who is landlord under a lease of the whole or any part of the premises and any person authorised to act on behalf of any such person,
 
    (c) any person who is party to such a lease otherwise than as landlord or tenant and any person authorised to act on behalf of any such person, and
 
    (d) any manager appointed under Part II of the 1987 Act to act in relation to the premises, or any premises containing or contained in the premises, and any person authorised to act on behalf of any such manager.
      (3) The right conferred by this section is exercisable, at any reasonable time, on giving not less than ten days' notice-
 
 
    (a) to the occupier of any premises to which access is sought, or
 
    (b) if those premises are unoccupied, to the person entitled to occupy them.
Counter-notices.     81. - (1) A person who is given a claim notice by a RTM company under section 77(6) may give a notice (referred to in this Chapter as a "counter-notice") to the company no later than the date specified in the claim notice under section 78(6).
 
      (2) A counter-notice is a notice containing a statement either-
 
 
    (a) admitting that the RTM company was on the relevant date entitled to acquire the right to manage the premises specified in the claim notice, or
 
    (b) alleging that, by reason of a specified provision of this Chapter, the RTM company was on that date not so entitled,
       and containing such other particulars (if any) as may be required to be contained in counter-notices, and complying with such requirements (if any) about the form of counter-notices, as may be prescribed by regulations made by the appropriate national authority.
 
      (3) Where the RTM company has been given one or more counter-notices containing a statement such as is mentioned in subsection (2)(b), the company may apply to a leasehold valuation tribunal for a determination that it was on the relevant date entitled to acquire the right to manage the premises.
 
      (4) An application under subsection (3) must be made not later than the end of the period of two months beginning with the day on which the counter-notice (or, where more than one, the last of the counter-notices) was given.
 
      (5) Where the RTM company has been given one or more counter-notices containing a statement such as is mentioned in subsection (2)(b), the RTM company does not acquire the right to manage the premises unless-
 
 
    (a) on an application under subsection (3) it is finally determined that the company was on the relevant date entitled to acquire the right to manage the premises, or
 
    (b) the person by whom the counter-notice was given, or (where more than one) each of the persons by whom such a counter-notice was given, agrees in writing that the company was so entitled.
      (6) If on an application under subsection (3) it is finally determined that the company was not on the relevant date entitled to acquire the right to manage the premises, the claim notice ceases to have effect.
 
      (7) A determination on an application under subsection (3) becomes final-
 
 
    (a) if not appealed against, at the end of the period for bringing an appeal, or
 
    (b) if appealed against, at the time when the appeal (or any further appeal) is disposed of.
      (8) An appeal is disposed of-
 
 
    (a) if it is determined and the period for bringing any further appeal has ended, or
 
    (b) if it is abandoned or otherwise ceases to have effect.
 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2000
Prepared 21 December 2000