OpenLegislation

Paragraph 3 Expressions with different meanings in relation to different statutory grants or leasesI1

England and Wales Not yet in force

In Schedules 4 and 5 and this Schedule an expression set out in an entry in the first column of the following table has the meaning given in the corresponding entry in—

(a)

the second column, as that expression is used in relation to the transfer of freeholds of houses under the LRA 1967;

(b)

the third column, as that expression is used in relation to the grant of extended leases of houses under the LRA 1967;

(c)

the fourth column, as that expression is used in relation to collective enfranchisements of buildings under the LRHUDA 1993;

(d)

the fifth column, as that expression is used in relation to the grant of new leases of flats under the LRHUDA 1993.

ExpressionMeaning in relation to transfers of freeholds of housesMeaning in relation to grants of extended leases of housesMeaning in relation to collective enfranchisement of a buildingMeaning in relation to grants of new leases of flats
“buyer”The tenant acquiring the freeholdThe tenant acquiring the extended leaseThe nominee purchaserThe tenant acquiring the new lease
“current lease”The tenancy by virtue of which the tenant is entitled to acquire the freeholdThe tenancy by virtue of which the tenant is entitled to acquire the extended lease

A lease by virtue of which a person is, in relation to the acquisition of the freehold—

  1. (a)

    a qualifying tenant, or

  2. (b)

    not a qualifying tenant, but only because of section 5(5) and (6) of the LRHUDA 1993 (a person who is the tenant of three or more flats in the building).

A lease by virtue of which a person is a qualifying tenant in relation to the acquisition of the new lease
“currently leased premises”The house and premises leased by the current leaseThe house and premises leased by the current leaseThe flat leased by the current lease, together with any appurtenant property related to that flat and demised by that lease (see section 1(3) of the LRHUDA 1993)The flat leased by the current lease
“newly owned premises”The house and premises of which the freehold is being transferredThe house and premises over which the extended lease is being grantedThe relevant premises (see section 1(2) of the LRHUDA 1993) and any other property of which the freehold is being transferredThe flat over which the new lease is being granted
“qualifying tenant”The tenant acquiring the freeholdThe tenant acquiring the extended leaseA qualifying tenant (see section 5 of the LRHUDA 1993)The qualifying tenant (see section 39(3) of the LRHUDA 1993)
“relevant freehold”The freehold which is being acquiredNot applicable The freehold which is being acquiredNot applicable
“statutory grant”Not applicable The grant of the extended leaseNot applicable The grant of the new lease
“statutory lease”Not applicable The extended lease of the house and premises being grantedNot applicable The new lease of the flat being granted
“statutory transfer”The transfer of the freeholdNot applicable The transfer of the freeholdNot applicable
“valuation date”The relevant time (see section 37(1)(d) of the LRA 1967)The relevant time (see section 37(1)(d) of the LRA 1967)The relevant date (see section 1(8) of the LRHUDA 1993)The relevant date (see section 39(8) of the LRHUDA 1993)

Annotations

Commencement

I1

Sch. 6 para. 3 not in force at Royal Assent, see s. 124(3)