Landlord and Tenant Act 1987
1987 c. 31 · Enacted 15 May 1987 · Extends to England and Wales
An Act to confer on tenants of flats rights with respect to the acquisition by them of their landlord’s reversion; to make provision for the appointment of a manager at the instance of such tenants and for the variation of long leases held by such tenants; to make further provision with respect to service charges payable by tenants of flats and other dwellings; to make other provision with respect to such tenants; to make further provision with respect to the permissible purposes and objects of registered housing associations as regards the management of leasehold property; and for connected purposes.
[15th May 1987]
C1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Annotations to the whole text
Modifications
- C1
Act: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
Contents
- Part I: Tenants’ Rights of First Refusal
- Preliminary
- 1Qualifying tenants to have rights of first refusal on disposals by landlord.
- 2Landlords for the purposes of Part I.
- 3Qualifying tenants.
- 4Relevant disposals.
- 4AApplication of provisions to contracts.
- Rights of first refusal
- 5Landlord required to serve offer notice on tenants.
- 5AOffer notice: requirements in case of contract to be completed by conveyance, &c.
- 5BOffer notice: requirements in case of sale by auction.
- 5COffer notice: requirements in case of grant or option or right of pre-emption.
- 5DOffer notice: requirements in case of conveyance not preceded by contract, &c.
- 5EOffer notice: disposal for non-monetary consideration.
- 6Acceptance of landlord’s offer: general provisions.
- 7Failure to accept landlord’s offer or to make nomination.
- 8Landlord’s obligations in case of acceptance and nomination.
- 8ALandlord’s obligation: general provisions.
- 8BLandlord’s obligation: election in case of sale at auction.
- 8CElection in case of disposal for non-monetary consideration.
- 8DDisposal in pursuance of option or right of pre-emption.
- 8ECovenant, &c affecting landlord’s power to dispose.
- 9ANotice of withdrawal by nominated person.
- 9BNotice of withdrawal by landlord.
- 9Withdrawal of either party from transaction.
- 10Lapse of landlord’s offer.
- 10AOffence of failure to comply with requirements of Part I.
- Enforcement by tenants of rights against purchaser
- 11Circumstances in which tenants’ rights enforceable against purchaser
- 11ARight to information as to terms of disposal, &c.
- 12ARight of qualifying tenants to take benefit of contract.
- 12BRight of qualifying tenants to compel sale, &c. by purchaser.
- 12CRight of qualifying tenants to compel grant of new tenancy by superior landlord
- 12DNominated persons: supplementary provisions.
- 12Right of qualifying tenants to compel sale etc. by new landlord.
- 13Determination of questions by leasehold valuation tribunal.
- 14Withdrawal of nominated person from transaction under s.12B or 12C.
- 15Right of qualifying tenants to compel grant of new tenancy by superior landlord.
- Enforcement by tenants of rights against subsequent purchasers
- 16Rights of qualifying tenants against subsequent purchaser.
- Termination of rights against purchasers or subsequent purchasers
- 17Termination of rights against purchaser or subsequent purchaser.
- Notices served by prospective purchasers
- 18Notices served by prospective purchasers to ensure that rights of first refusal do not arise.
- Supplementary
- 18AThe requisite majority of qualifying tenants.
- 19Enforcement of obligations under Part I.
- 20Construction of Part I and power of Secretary of State to prescribe modifications.
- Part II: Appointment of Managers by a ... Tribunal
- 21Tenant’s right to apply to court for appointment of manager.
- 22Preliminary notice by tenant.
- 23Application to court for appointment of manager.
- 24Appointment of manager by a ... tribunal.
- 24ZAApplication for appointment of manager by special measures manager
- 24AJurisdiction of leasehold valuation tribunal. Repealed
- 24BLeasehold valuation tribunal: applications and fees. Repealed
- Part III: Compulsory Acquisition by Tenants of their Landlord’s Interest
- 25Compulsory acquisition of landlord’s interest by qualifying tenants.
- 26Qualifying tenants.
- 27Preliminary notice by tenants.
- 28Applications for acquisition orders.
- 29Conditions for making acquisition orders.
- 30Content of acquisition orders.
- 31Determination of terms by ... tribunal.
- 32Discharge of existing mortgages.
- 33Acquisition order where landlord cannot be found.
- 34Discharge of acquisition order and withdrawal by tenants.
- Part IV: Variation of Leases
- Applications relating to flats
- 35Application by party to lease for variation of lease.
- 36Application by respondent for variation of other leases.
- 37Application by majority of parties for variation of leases.
- Orders varying leases
- 38Orders ... varying leases.
- 39Effect of orders varying leases: applications by third parties.
- Applications relating to dwellings other than flats
- 40Application for variation of insurance provisions of lease of dwelling other than a flat.
- Part V: Management of Leasehold Property
- Service charges
- 41Amendments relating to service charges.
- 42Service charge contributions to be held in trust.
- 42AService charge contributions to be held in designated account
- 42BFailure to comply with section 42A
- Insurance
- 43Rights of tenants with respect to insurance.
- Managing agents
- 44Recognised tenants’ associations to be consulted about managing agents.
- 45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Part VI: Information to be Furnished to Tenants
- 46Application of Part VI, etc.
- 47Landlord’s name and address to be contained in demands for rent etc.
- 47ABuilding safety information to be contained in demands for rent etc: England
- 48Notification by landlord of address for service of notices.
- 49Extension of circumstances in which notices are sufficiently served.
- 49ANotification by landlord of building safety information: England
- 50Continuation of former landlord’s liability to tenant where no notice of assignment.
- 51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Part VII: General
- 52Jurisdiction of county courts.
- 52AJurisdiction of leasehold valuation tribunal under Part I or III. Repealed
- 53Regulations and orders.
- 54Notices.
- 55Application to Isles of Scilly.
- 56Crown land.
- 57Financial provision.
- 58Exempt landlords and resident landlords.
- 59Meaning of “lease”, “long lease” and related expressions.
- 60General interpretation.
- 61Consequential amendments and repeals.
- 62Short title, commencement and extent.
- Schedule 1: DISCHARGE OF MORTGAGES ETC.: SUPPLEMENTARY PROVISIONS
- Part I: Discharge In Pursuance Of Purchase Notices
- Construction
- 1Paragraph 1
- Duty of nominated person to redeem mortgages
- 2Paragraph 2
- Determination of amounts due in respect of mortgages
- 3Paragraph 3
- Payments into court
- 4Paragraph 4
- Savings
- 5Paragraph 5
- Part II: Discharge In Pursuance Of Acquisition Orders
- Construction
- 6Paragraph 6
- Duty of nominated person to redeem mortgages
- 7Paragraph 7
- Determination of amounts due in respect of mortgages
- 8Paragraph 8
- Payments into court
- 9Paragraph 9
- Savings
- 10Paragraph 10
- Schedule 2: AMENDMENTS RELATING TO SERVICE CHARGES
- Meaning of “service charge” and “relevant costs”
- 1Paragraph 1
- Limitation of service charges: reasonableness
- 2Paragraph 2
- Limitation of service charges: estimates and consultation
- 3Paragraph 3 Repealed
- Additional limitations on service charges
- 4Paragraph 4
- Request for summary of relevant costs
- 5Paragraph 5
- Request to inspect supporting accounts etc.
- 6Paragraph 6
- Effect of assignment on request
- 7Paragraph 7 Repealed
- Exception where rent is registered and not entered as variable
- 8Paragraph 8
- Meaning of “qualified accountant”
- 9Paragraph 9
- Meaning of “recognised tenants’ association”
- 10Paragraph 10
- Definitions
- 11Paragraph 11
- Schedule 3: RIGHTS OF TENANTS WITH RESPECT TO INSURANCE
- Construction
- 1Paragraph 1
- Request for summary of insurance cover
- 2Paragraph 2
- Request to inspect insurance policy etc.
- 3Paragraph 3
- Request relating to insurance effected by superior landlord
- 4Paragraph 4
- Effect of assignment on request
- 5Paragraph 5
- Failure to comply with paragraph 2, 3 or 4 an offence
- 6Paragraph 6
- Tenant’s right to notify insurers of possible claim
- 7Paragraph 7
- Right to challenge landlord’s choice of insurers
- 8Paragraph 8
- Exception for tenants of certain public authorities
- 9Paragraph 9
- Schedule 4CONSEQUENTIAL AMENDMENTS
- 1Paragraph 1 Repealed
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7 Repealed
- Schedule 5REPEALS