Article 6 Leasehold Reform, Housing and Urban Development Act 1993

After Order 49, rule 8 there shall be inserted the following new rule—

“Leasehold Reform, Housing and Urban Development Act 1993

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(1)

In this rule—

(a)

“the 1993 Act” means the Leasehold Reform, Housing and Urban Development Act 1993;

(b)

a section or Schedule referred to by number means the section or Schedule so numbered in the 1993 Act; and

(c)

expressions used in this rule have the same meaning as they have in the 1993 Act.

(2)

Where an application is made under section 23(1) by a person other than the reversioner—

(a)

on the issue of the application, the applicant shall send a copy of the application to the reversioner;

(b)

the applicant shall promptly inform the reversioner either—

(i)

of the court’s decision; or

(ii)

that the application has been withdrawn.

(3)

Where an application is made under section 26(1) or (2) or section 50(1) or (2)—

(a)

the application shall be made ex parte to the district judge, who may grant or refuse it or give directions for its future conduct, including the joinder as respondents of such persons as appear to have an interest in it; and

(b)

the provisions of Order 3, rule 4(4)(b), (6) and (7) shall not apply.

(4)

Where an application is made under section 26(3)—

(a)

the applicants shall serve notice of the application on any person who they know or have reason to believe is a relevant landlord, giving particulars of the application and the return date and informing that person of his right to be joined as a party to the proceedings;

(b)

the landlord whom it is sought to appoint as the reversioner shall be a respondent to the application, and shall file an answer;

(c)

a person on whom notice is served under sub-paragraph (a) shall be joined as a respondent to the proceedings when he gives notice in writing to the proper officer of his wish so to be joined, and the proper officer shall notify all other parties of the joinder.

(5)

Where a person wishes to pay money into court under section 27(3), section 51(3) or paragraph 4 of Schedule 8, rule 8(2) shall apply as it applies to payments into court made under the Leasehold Reform Act 1967^f1, subject to the following modifications—

(a)

references in rule 8 to the payment of money into court by a tenant shall be construed as references to the person or persons making a payment into court under the 1993 Act;

(b)

the reference in rule 8(2)(a)

(ii)

to `house and premises' shall be construed as a reference to the interest or interests in the premises to which the payment into court relates, or, where the payment into court is made under section 51(3), to the flat to which it relates;

(c)

the affidavit filed by the tenant under rule 8(2)(a) shall include details of any vesting order; and

(d)

the appropriate court for the purposes of that sub-paragraph shall be—

(i)

where a vesting order has been made, the court which made the vesting order; or

(ii)

where no such order has been made, the court in whose district the premises are situated.

(6)

Where an order is made under section 91(4), rule 8(3) (transfer to leasehold valuation tribunal) shall apply as it applies on the making of an order under section 21(3) of the Leasehold Reform Act 1967^f2.

(7)

Where a relevant landlord acts independently under Schedule 1, paragraph 7, he shall be entitled to require any party to proceedings under the 1993 Act (as described in paragraph 7(1)(b) of Schedule 1) to supply him, on payment of the reasonable costs of copying, with copies of all documents which that party has served on the other parties to the proceedings.”.