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

back to previous text
 
  CHAPTER IV
  LEASEHOLD HOUSES
 
Introductory
Amendments of 1967 Act.     133. This Chapter amends the Leasehold Reform Act 1967 (referred to in this Part as "the 1967 Act").
 
 
The rights
Abolition of limits on rights after lease extension.     134. - (1) In section 16 of the 1967 Act (limits on rights after extension of lease), omit-
 
 
    (a) subsection (1)(a) (no right for tenant under extended tenancy to acquire freehold after end of original lease), and
 
    (b) in subsection (4) (no right to freehold or extended lease in case of tenancy created by sub-demise under extended tenancy), the words "the freehold or".
      (2) For subsection (1B) of that section (extended tenancy not an assured tenancy or assured agricultural occupancy or a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applies) substitute-
 
 
    "(1B) Schedule 10 to the Local Government and Housing Act 1989 applies to every tenancy extended under section 14 above (whether or not it is for the purposes of that Schedule a long tenancy at a low rent as respects which the qualifying condition is fulfilled)."
 
      (3) Paragraph (a) of subsection (1) and subsection (2) apply whether the tenancy in question is extended before or after the coming into force of that paragraph or subsection; and paragraph (b) of subsection (1) applies whether the lease by sub-demise in question is created before or after the coming into force of that paragraph.
 
Purchase price for enfranchisement during lease extension.     135. - (1) In section 9 of the 1967 Act (purchase price on enfranchisement), in subsection (1C) (cases where price is to be determined in accordance with subsection (1A)), after "1B above" insert ", or where the tenancy of the house and premises has been extended under section 14 below and the notice under section 8(1) above was given (whether by the tenant or a sub-tenant) after the original term date of the tenancy,".
 
      (2) In section 9A(1) of the 1967 Act (compensation payable in certain cases), after "1B above" insert "or where the tenancy of the house and premises has been extended under section 14 below and the notice under section 8(1) above was given (whether by the tenant or a sub-tenant) after the original term date of the tenancy".
 
 
Absent landlords
Applications to be to county court.     136. - (1) Section 27 of the 1967 Act (enfranchisement where landlord cannot be found) is amended as follows.
 
      (2) In subsection (1)-
 
 
    (a) for "the High Court" (in both places), and
 
    (b) for "the Court",
       substitute "the court".
 
      (3) In subsection (2)-
 
 
    (a) for "the High Court" (in each place), and
 
    (b) for "the Court" (in both places),
       substitute "the court".
 
      (4) In subsection (3)-
 
 
    (a) for "the Supreme Court", and
 
    (b) for "High Court" (in both places),
       substitute "court".
 
      (5) In subsection (4), for "High Court" substitute "court".
 
      (6) In subsection (6), for "the Supreme Court" substitute "court".
 
      (7) In subsection (7)-
 
 
    (a) for "the High Court" (in both places), and
 
    (b) for "the Court",
       substitute "the court".
 
Valuation by leasehold valuation tribunal.     137. - (1) In section 27 of the 1967 Act (enfranchisement where landlord cannot be found), for subsection (5) substitute-
 
 
    "(5) The appropriate sum which, in accordance with subsection (3) above, is to be paid into court is the aggregate of-
 
 
    (a) such amount as may be determined by (or on appeal from) a leasehold valuation tribunal to be the price payable in accordance with section 9 above; and
 
    (b) the amount or estimated amount (as so determined) of any pecuniary rent payable for the house and premises up to the date of the conveyance which remains unpaid."
      (2) In section 21(1) of the 1967 Act (jurisdiction of leasehold valuation tribunals), after paragraph (c) insert-
 
 
    "(cza) the amount of the appropriate sum to be paid into court under section 27(5);".
 
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