OpenLegislation

Paragraph 127 Value of dwelling-house

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

(1)

The value of a dwelling-house at the relevant time shall be taken to be the price which at that time it would realise if sold on the open market by a willing vendor—

(a)

on the assumptions stated for a conveyance in subsection (2) and for a grant in subsection (3),

(b)

disregarding any improvements made by any of the persons specified in subsection (4) to (4A) and any failure by any of those persons to keep the dwelling-house in good internal repair, and

(c)

on the assumption that any service charges or improvement contributions payable will not be less than the amounts to be expected in accordance with the estimates contained in the landlord’s notice under section 125.

(2)

For a conveyance the assumptions are—

(a)

that the vendor was selling for an estate in fee simple with vacant possession,

(b)

that neither the tenant nor a member of his family residing with him wanted to buy, and

(c)

that the dwelling-house was to be conveyed with the same rights and subject to the same burdens as it would be in pursuance of this Part.

(3)

For the grant of a lease the assumptions are—

(a)

that the vendor was granting a lease with vacant possession for the appropriate term defined in paragraph 12 of Schedule 6,

(b)

that neither the tenant nor a member of his family residing with him wanted to take the lease,

(c)

that the ground rent would not exceed £10 per annum, and

(d)

that the grant was to be made with the same rights and subject to the same burdens as it would be in pursuance of this Part.

(4)

Where the tenant is a secure tenant the persons referred to in subsection (1)(b) are—

(a)

the secure tenant,

(b)

any person who under the same tenancy was a secure tenant before him,

(c)

any member of his family who, immediately before the secure tenancy was granted, was a secure tenant of the same dwelling-house under another tenancy,

but do not include, in a case where the secure tenancy has at any time been assigned by virtue of section 92 (assignments by way of exchange), a person who under that tenancy was a secure tenant before the assignment.

(4A)

Where the tenant is an assured tenant the persons referred to in subsection (1)(b) are—

(a)

the assured tenant,

(b)

any member of his family—

(i)

who was an assured or secure tenant before him under the same tenancy, or

(ii)

who, immediately before the tenancy was granted, was an assured or secure tenant of the same dwelling-house under another tenancy.