OpenLegislation

Paragraph 2 C1F1

England and Wales

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

(1)

A lease which—

(a)

was granted at a premium by a body mentioned in sub-paragraph (2), and

(b)

complies with the conditions set out in sub-paragraph (3),

is excluded from the operation of this Part at any time when the interest of the landlord belongs to such a body F2, to a relevant housing provider F3or to a person who acquired that interest in exercise of the right conferred by Part IV of the Housing Act 1988.

(2)

The bodies are—

(a)

a county, F4county borough, district or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

(b)

F5 . . . a joint authority established by Part IV of the Local Government Act M11985;

(F6ba)

a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;

(F7bb)

F8the London Fire Commissioner;

(F9bc)

a Mayoral development corporation;

(c)

the F10new towns residuary body or a development corporation established by an order made, or having effect as made, under the New Towns Act M21981;

(d)

an urban development corporation within the meaning of Part XVI of the Local Government, Planning and Land Act M31980;

F11(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(F12f)

a housing action trust established under Part III of the Housing Act 1988

(3)

The conditions are that the lease–

(a)

provides for the tenant to acquire the freehold for a consideration which is to be calculated in accordance with the lease and which is reasonable, having regard to the premium or premiums paid by the tenant under the lease, and

(b)

states the landlord’s opinion that by virtue of this paragraph the tenancy will be excluded from the operation of this Part of this Act at any time when the interest of the landlord belongs to a body mentioned in sub-paragraph (2) above F13or to a relevant housing provider.

(4)

If, in proceedings in which it falls to be determined whether a lease complies with the condition in sub-paragraph (3)(a), the question arises whether the consideration payable by the tenant on acquiring the freehold is reasonable, it is for the landlord to show that it is.

(F145)

In this paragraph “relevant housing provider” means–

(a)

in relation to a lease of social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, a private registered provider of social housing, or

(b)

a registered social landlord within the meaning of Part 1 of the Housing Act 1996.

Annotations

Textual amendments

F1

Schedule 4A inserted by Housing and Planning Act 1986 (c. 63, SIF 75:1), s. 18, Sch. 4 para. 6

F2

Words in Sch. 4A para. 2(1) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 2(2)(a) (with art. 6, Sch. 3)

F3

Words added by Housing Act 1988 (c. 50, SIF 61), s. 140, Sch. 17 para. 17(1)

F4

Words in Sch. 4A para. 2(2)(a) inserted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 1(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3 Sch. 1

F5

Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13 Pt. I

F6

Sch. 4A para. 2(2)(ba) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 19; S.I. 2017/399, reg. 2, Sch. para. 38

F7

Sch. 4A para. 2(bb) inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 9 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(a)(h)

F8

Sch. 4A para. 2(2)(bb) substituted (31.1.2017 for specified purposes,1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 29; S.I. 2018/277, reg. 4(c)

F9

Sch. 4A para. 2(2)(bc) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 1

F10

Words in Sch. 4A para. 2(2)(c) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 12; S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

F11

Sch. 4A para. 2(2)(e) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2),141(1), 143(2)); S.I. 1998/2244, art. 4

F12

Para. 2(2)(f) added by Housing Act 1988 (c. 50, SIF 61), s. 140, Sch. 17 para. 17(2)

F13

Words in Sch. 4A para. 2(3)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 2(2)(b) (with art. 6, Sch. 3)

F14

Sch. 4A para. 2(5) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 2(2)(c) (with art. 6, Sch. 3)

Marginal citations

M1

1985 c.51 (81:1).

M2

1981 c.64 (123:3).

M3

1980 c.65 (123:1, 2).

Modifications

C1

Sch. 4A para. 2 extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 24(c) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))