Leasehold Reform (Enfranchisement and Extension) Regulations 1967 (SI 1967/1879)
| Author | Piers Harrison/David Lonsdale |
| Pages | 205-212 |
A1 LEASEHOLD REFORM (ENFRANCHISEMENT AND
EXTENSION) REGULATIONS 1967 (SI 1967/1879)
1
(1) These Regulations may be cited as the Leasehold Reform (Enfranchisement and Extension) Regulations 1967 and shall come into operation on 1st January 1968.
(2) In these Regulations and the conditions set out in the Schedule to them, unless the context otherwise requires—
“the Act” means the Leasehold Reform Act 1967;
“conveyance” includes any conveyance, assignment, transfer or other assurance for giving effect to section 8 of the Act;
“landlord” means the estate owner in respect of the fee simple of the property to which the tenant’s notice relates, or the reversioner within the meaning of Schedule 1 to the Act, or any other person who is conducting the proceedings arising out of the notice in accordance with the provisions of the Act or an order of the court;
“lease” means a lease to be granted to give effect to a tenant’s notice;
“property” means the house and premises which are required to be granted to the tenant for an estate in fee simple, pursuant to section 8, or for a term of years pursuant to section 14 of the Act;
“tenant” means a tenant of a house who has given notice under Part I of the Act of his desire to have the freehold or an extended lease and includes his executors, administrators and assigns;
“tenant’s notice” means in relation to Part I of the Schedule a notice given by a tenant under
Part I of the Act of his desire to have a freehold, and in relation to Part 2 of the Schedule a notice given by a tenant under Part I of the Act of his desire to have an extended lease.
(3) The Interpretation Act 1889 shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.
2
In any transactions undertaken to give effect to a tenant’s notice of his desire to have a freehold the landlord and the tenant shall, unless they otherwise agree, be bound by the conditions laid down in Part I of the Schedule to these Regulations as if the conditions formed part of a contract between them.
3
In any transactions undertaken to give effect to a tenant’s notice of his desire to have an extended lease the landlord and the tenant shall, unless they otherwise agree, be bound by the conditions laid down in Part 2 of the Schedule to these Regulations as if the conditions formed part of a contract between them.
206 Leasehold Enfranchisement: Law & Practice
4
Where as a result of non-compliance with the conditions laid down in the Schedule to these Regulations, the landlord and the tenant are discharged from the performance of the obligations arising in giving effect to the tenant’s notice, such obligations arising between the tenant and persons other than the landlord having an interest superior to the tenancy shall likewise be discharged.
SCHEDULE Part I Enfranchisement
Article 2
Payment of deposit
1
At any time after receipt of the tenant’s notice the landlord may, by notice in writing given to the tenant, require a sum equal to three times the annual rent for the property payable under his tenancy (or, in the case of a notice given under section 34 of the Act, the former long tenancy) or £25, whichever is the greater, to be deposited with the landlord, or a person nominated by him in the notice as his agent or as stakeholder, on account of the price payable for the property and any other sums payable by a tenant in accordance with the provisions of the Act; and the tenant shall, within 14 days of the giving of the notice, pay the sum demanded to the landlord or person nominated by him.
Evidence of tenant’s right to enfranchise
2
At any time after receipt of the tenant’s notice the landlord may, by notice in writing given to the tenant, require him to deduce his title to the tenancy and[, in a case to which paragraph 2A applies,] to furnish a statutory declaration as to the particulars of occupation of the property on which the tenant relies in the tenant’s notice; and the tenant shall within 21 days of the giving of the landlord’s notice comply with the requirement.
AMENDMENTS
Para 2: words “, in a case to which paragraph 2A applies,” in square brackets inserted in relation to England by Leasehold Reform (Enfranchisement and Extension) (Amendment) (England) Regulations 2003, SI 2003/1989, reg 3(a); and in relation to Wales by Leasehold Reform (Enfranchisement and Extension) (Amendment) (Wales) Regulations 2004, SI 2004/699, reg 3(a).
This paragraph applies where—
(a) the tenancy in question is a business tenancy; or
(b) a flat forming part of the house is let to a person who is a qualifying tenant for the purposes of Chapter 1 or 2 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993.]
AMENDMENTS
Para 2A: inserted in relation to England by Leasehold Reform (Enfranchisement and Extension) (Amendment) (England) Regulations 2003, SI 2003/1989, reg 3(b); and in relation to Wales by Leasehold Reform (Enfranchisement and Extension) (Amendment) (Wales) Regulations 2004, SI 2004/699, reg 3(b).
Delivery of proof of landlord’s title
3
(1) Where—
(i) a tenant has received no notice in reply to his tenant’s notice within 2 months of giving it, or
[2A
Appendix A1 207
(ii) a tenant has
(a) received a notice in reply stating that his right to have the freehold is admitted, or
(b) has received a notice in reply that his right is disputed but has established that right by agreement or an order of the court,
and, in either case, the property to be conveyed has been established by agreement or an order of the court,
the tenant may by notice in writing given to the landlord require him to deduce...
To continue reading
Request your trial