Paragraph 5

England and Wales

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

Sch. 9 words substituted by Commonhold and Leasehold Reform Act 2002 Sch. 8 para. 43
Sch. 9 para. 1(1) words substituted by Leasehold and Freehold Reform Act 2024 s. 32(5)(a)
Sch. 9 Pt. 3A inserted by Leasehold and Freehold Reform Act 2024 s. 32(5)(b)
Sch. 9 para. 10(3) inserted by Leasehold and Freehold Reform Act 2024 s. 32(5)(c)
Sch. 9 para. 16(2) words substituted by Leasehold and Freehold Reform Act 2024 s. 32(5)(d)
Sch. 9 para. 3A and cross-heading inserted by Leasehold and Freehold Reform Act 2024 Sch. 8 para. 21

(1)

Subject to sub-paragraph (3), this paragraph applies to any unit F1falling within sub-paragraph (1A) which is not immediately before the appropriate time a flat let to a person who is a qualifying tenant of it.

F2(1A)

A unit falls within this sub-paragraph if—

(a)

the freehold of the whole of it is owned by the same person, and

(b)

it is contained in the specified premises.

(2)

Where this paragraph applies, the nominee purchaser shall, if the freeholder by notice requires him to do so, grant to the freeholder a lease of the unit in accordance with section 36 and paragraph 7 below.

(3)

This paragraph does not apply to a flat or other unit to which paragraph 2 or 3 applies.

Annotations

Textual amendments

F1: Words in Sch. 9 para. 5(1) substituted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 20(5); S.I. 1996/2212, art. 2(2) (with savings in Sch.)
F2: Sch. 9 para. 5(1A) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 20(5); S.I. 1996/2212, art. 2(2) (with savings in Sch.)

Notes on Schedule 9

Extent

E1: Sch. 9 wholly in force at 1.11.1993 see s. 188(2) and S.I. 1993/2134, art. 5