Leasehold Reform (Collective Enfranchisement and Lease Renewal) Regulations 1993

JurisdictionUK Non-devolved
CitationSI 1993/2407

1993No. 2407

LANDLORD AND TENANT, ENGLAND AND WALES

The Leasehold Reform (Collective Enfranchisement and

Lease Renewal) Regulations 1993

30thSeptember1993

11thOctober1993

1stNovember1993

The Secretary of State, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 98 and 100(1) of the Leasehold Reform, Housing and Urban Development Act 1993( a) and all other powers enabling them in that behalf, hereby make the following Regulations -

Citation, commencement and interpretation

1. - (1) These Regulations may be cited as the Leasehold Reform (Collective Enfranchisement and Lease Renewal) Regulations 1993 and shall come into force on 1st November 1993.

(2) In these Regulations references to sections and Schedules without more are references to sections of and Schedules to the Leasehold Reform, Housing and Urban Development Act 1993.

Procedure for collective enfranchisement

2. In a transaction undertaken to give effect to an initial notice the nominee purchaser, the reversioner and any relevant landlord shall, unless they otherwise agree, be bound by Schedule 1 to these Regulations.

Procedure for lease renewal

3. In a transaction undertaken to give effect to a tenant's notice, the landlord and the tenant shall, unless they otherwise agree, be bound by Schedule 2 to these Regulations.

(a) 1993 c. 28.

Notices

4. Any notice, statement, answer or document required or authorised to be given under these Regulations -

(a) shall be in writing, and(b) may be sent by post.

Signed by authority of the Secretary of State

G. S. K. Young

Minister of State,

30th September 1993

Department of the Environment

John Redwood

30th September 1993

Secretary of State for Wales

SCHEDULE 1

Regulation 2

COLLECTIVE ENFRANCHISEMENT

Interpretation

1. In this Schedule -

"counter-notice" means a notice given under section 21, and "further counter-notice" means a notice required by or by virtue of section 22(3) or section 23(5) or (6);

"qualifying tenant" shall be construed in accordance with section 5;

"the relevant date" has the meaning given by section 1(8);

"terms of acquisition" has the meaning given by section 24(8).

Evidence that residence condition satisfied

2. - (1) The reversioner may require the nominee purchaser to give him evidence of the occupation on which a qualifying tenant who is claimed in the initial notice to satisfy the residence condition relies, by giving him notice within the period of twenty-one days beginning with the relevant date.

(2) The nominee purchaser shall comply with any such requirement by giving a statutory declaration made by that qualifying tenant to the reversioner within the period of twenty-one days beginning with the date the notice is given.

Delivery of proof of title

3. - (1) Sub-paragraph (2) applies where the reversioner has given a counter-notice complying with section 21(2)(a) (admitting the right to collective enfranchisement) or a further counter-notice, or, if no such counter-notice or further counter-notice is given, the nominee purchaser has applied to the court for an order under section 25(1) (applications where reversioner fails to give counter-notice or further counter-notice).

(2) Subject to paragraph 5, the nominee purchaser may require the reversioner to deduce title to the interests proposed to be acquired in accordance with section 13(3)(a) and (c)(i) (matters specified in the initial notice) and to any interest in relation to which the reversioner has made proposals in accordance with section 21(3)(b) and (c) (matters specified in counter-notice), or to any less extensive interest which it has been agreed or determined by a leasehold valuation tribunal will be acquired, by giving him notice.

(3) The reversioner shall comply with any such requirement by giving the nominee purchaser -

(a) in the case of an interest registered in the register of title kept at Her Majesty's Land Registry, all particulars and information which have to be given or may be required to be given on a sale of registered land pursuant to section 110 of the Land Registration Act 1925( a) (provisions as between vendor and purchaser) and

(a) 1925 c. 21.

(b) in the case of any other interest, an epitome of title,

within the period of twenty-eight days beginning with the date the notice is given.

Requisitions

4. - (1) Subject to paragraph 5, the nominee purchaser shall give to the reversioner a statement of any objections to or requisitions on the proof of title within the period of fourteen days beginning with the date the proof is given (whether or not within the time required).

(2) The reversioner shall give to the nominee purchaser an answer to any statement of objections or requisitions within the period of fourteen days beginning with the date the statement is given.

(3) The nominee purchaser shall give to the reversioner a further statement of any objections to or comments on the answer within the period of seven days beginning with the date the answer is given.

(4) Any objection or requisition not included in any statement given within the period referred to in sub-paragraph (1) shall be deemed waived, and any matter which could have been raised in a...

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