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Paragraph 7

England and Wales

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

(1)

Any lease granted to the freeholder in pursuance of paragraph 5 or 6, and any agreement collateral to it, shall conform with the provisions of Part IV of this Schedule except to the extent that any departure from those provisions—

(a)

is agreed to by the nominee purchaser and the freeholder; or

(b)

is directed by F1the appropriate tribunal on an application made by either of those persons.

(2)

F2The appropriate tribunal shall not direct any such departure from those provisions unless it appears to the tribunal that it is reasonable in the circumstances.

(3)

In determining whether any such departure is reasonable in the circumstances, the tribunal shall have particular regard to the interests of any person who will be the tenant of the flat or other unit in question under a lease inferior to the lease to be granted to the freeholder.

(4)

Subject to the preceding provisions of this paragraph, any such lease or agreement as is mentioned in sub-paragraph (1) may include such terms as are reasonable in the circumstances.

Annotations

Textual amendments

F1

Words in Sch. 9 para. 7(1)(b) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 126(a) (with Sch. 3)

F2

Words in Sch. 9 para. 7(2) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 126(b) (with Sch. 3)

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