Paragraph 67

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. para. 3 word substituted by Housing Measure 2011 (Consequential Amendments to Subordinate Legislation) 2012 Sch. para. 2(2)(a)
Sch. para. 5 words substituted by Housing Measure 2011 (Consequential Amendments to Subordinate Legislation) 2012 Sch. para. 2(2)(b)(i)
Sch. para. 5 words inserted by Housing Measure 2011 (Consequential Amendments to Subordinate Legislation) 2012 Sch. para. 2(2)(b)(i)
Sch. para. 5(3) inserted by Housing Measure 2011 (Consequential Amendments to Subordinate Legislation) 2012 Sch. para. 2(2)(b)(ii)
Sch. para. 5(3) word substituted by Housing Measure 2011 (Consequential Amendments to Subordinate Legislation) 2012 Sch. para. 2(2)(b)(iii)
Sch. para. 38(a)(iii) words added by Housing Measure 2011 (Consequential Amendments to Subordinate Legislation) 2012 Sch. para. 2(2)(c)

In Schedule 6 (conveyance of freehold and grant of lease in pursuance of right to buy), Part I (common provisions)—

(a)

in paragraph 1 (rights to be conveyed or granted-general), omit the words “or grant” and for the words “the landlord” substitute the words “the freeholder”;

(b)

in paragraph 2 (rights of support, passage of water, etc), in sub-paragraphs (1) and (3), omit the words “or grant” and in sub-paragraph (2)(a), for the words “the landlord” substitute the words “the freeholder, an intermediate landlord or the landlord”;

(c)

in paragraph 3 (rights of way)—

(i)

omit the words “or grant”;

(ii)

in sub-paragraph (a), for the words “the landlord” substitute the words “the free-holder, an intermediate landlord or the landlord” and omit the word “and” at the end of the paragraph;

(iii)

in sub-paragraph (b), for the references to landlord substitute references to freeholder, and for the words “or by the person then entitled to the reversion on the tenancy” substitute the words “or by the person then entitled to the freehold; and”; and

(iv)

after sub-paragraph (b) insert the following sub-paragraph—

“(c)

such provisions (if any) as the freeholder may require for the purpose of making the dwelling-house subject to rights of way—

(i)

which to the knowledge of the freeholder are necessary for the reasonable enjoyment of other property, being property in which at the relevant time the landlord or an intermediate landlord has an interest, or

(ii)

of which the freeholder has knowledge, granted or agreed to be granted before the relevant time by the landlord or an intermediate landlord or by the person then entitled to the reversion on the tenancy or an intermediate tenancy, other than rights of way falling within sub-paragraph (b).”;

(d)

in paragraph 4 (covenants and conditions), omit the words “or grant” and for the references to the landlord substitute references to the freeholder;

(e)

after paragraph 4, insert the following paragraph—

“4A

Where the freeholder is aware of an obligation relating to the dwelling-house breach of which may expose the landlord or an intermediate landlord to liability to another person, the freeholder shall include in the conveyance such provision (if any) as may be reasonable in the circumstances to relieve the landlord or intermediate landlord (as the case may be) from, or to indemnify him against, that liability.”;

(f)

in paragraph 5 (reasonable covenants and conditions may be included), for the words “Parts II and III” substitute the words “Part II”, and omit the words “or grant”;

(g)

in paragraph 6 (no charge to be made for landlord’s consent or approval), omit the words “or lease” and for the words “the landlord” substitute the words “the freeholder, an intermediate landlord or the landlord”; and

(h)

in paragraph 7 (meaning of “incumbrances” and “tenant’s incumbrance”) in sub-paragraph (a), in the definition of “tenant’s incumbrance”, for the word “reversion” substitute the words “freehold reversion”.