Leasehold Reform, Housing and Urban Development Act 1993 in Scotland
1993 c. 28 · Enacted 20 July 1993 · Extends to United Kingdom
An Act to confer rights to collective enfranchisement and lease renewal on tenants of flats; to make further provision with respect to enfranchisement by tenants of houses; to make provision for auditing the management, by landlords or other persons, of residential property and for the approval of codes of practice relating thereto; to amend Parts III and IV of the Landlord and Tenant Act 1987; to confer jurisdiction on leasehold valuation tribunals as respects Crown land; to make provision for rendering void agreements preventing the occupation of leasehold property by persons with mental disorders; to amend Parts II, IV and V of the Housing Act 1985, Schedule 2 to the Housing Associations Act 1985, Parts I and III and sections 248 and 299 of the Housing (Scotland) Act 1987, Part III of the Housing Act 1988, and Part VI of the Local Government and Housing Act 1989; to make provision with respect to certain disposals requiring consent under Part II of the Housing Act 1985, including provision for the payment of a levy; to alter the basis of certain contributions by the Secretary of State under section 569 of that Act; to establish and confer functions on a body to replace the English Industrial Estates Corporation and to be known as the Urban Regeneration Agency; to provide for the designation of certain urban and other areas and to make provision as to the effect of such designation; to amend section 23 of the Land Compensation Act 1961, section 98 of the Local Government, Planning and Land Act 1980 and section 27 of the Housing and Planning Act 1986; to make further provision with respect to urban development corporations and urban development areas; and for connected purposes.
[20th July 1993]
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: powers transferred (1.7.1999) by virtue of S.I. 1999/672, art. 2, Sch.1
Contents
- 4BRTE companies: membership
- Preliminary inquiries by tenants
- 12Right of qualifying tenant to obtain information about other matters.
- The initial notice
- Participating tenants and nominee purchaser
- 14The participating tenants.
- 15The nominee purchaser: appointment and replacement.
- 16The nominee purchaser: retirement or death.
- Procedure following giving of initial notice
- 20Right of reversioner to require evidence of tenant’s right to participate.
- 22Proceedings relating to validity of initial notice.
- 23Tenants’ claim liable to be defeated where landlord intends to redevelop.
- Termination of acquisition procedures
- 28Withdrawal from acquisition by participating tenants.
- 31Effect on initial notice of designation for inheritance tax purposes and applications for designation.
- Determination of price and costs of enfranchisement
- 32Determination of price.
- Completion of acquisition
- 35Discharge of existing mortgages on transfer to nominee purchaser.
- 37Acquisition of interests from local authorities etc.
- Landlord’s right to compensation in relation to ineffective claims
- 37ACompensation for postponement of termination in connection with ineffective claims.
- 37BModification of section 37A where change in immediate reversion.
- Supplemental
- Preliminary
- 40The landlord for the purposes of this Chapter.
- Preliminary inquiries by qualifying tenant
- 41Right of qualifying tenant to obtain information about superior interests etc.
- The tenant’s notice
- 43General provisions as respects effect of tenant’s notice.
- Procedure following giving of tenant’s notice
- 44Access by landlords for valuation purposes.
- 46Proceedings relating to validity of tenant’s notice.
- 47Application to defeat tenant’s claim where landlord intends to redevelop.
- 49Applications where landlord fails to give counter-notice or further counter-notice.
- 50Applications where landlord cannot be found.
- Termination or suspension of acquisition procedures
- 52Withdrawal by tenant from acquisition of new lease.
- 53Deemed withdrawal of tenant’s notice.
- 54Suspension of tenant’s notice during currency of claim under Chapter I.
- 55Effect on tenant’s notice of institution of compulsory acquisition procedures.
- 56Obligation to grant new lease.
- 58Grant of new lease where interest of landlord or tenant is subject to a mortgage.
- 58APriority of interests on grant of new lease.
- 59Further renewal, but no security of tenure, after grant of new lease.
- Costs incurred in connection with new lease
- Landlord’s right to terminate new lease
- 61Landlord’s right to terminate new lease on grounds of redevelopment.
- Landlord’s right to compensation in relation to ineffective claims
- 61ACompensation for postponement of termination in connection with ineffective claims.
- 61BModification of section 61A where change in immediate reversion.
- Supplemental
- Chapter III: ENFRANCHISEMENT UNDER LEASEHOLD REFORM ACT 1967
- Extension of right to enfranchise
- 63Extension of right to enfranchise to houses whose value or rent exceeds applicable limit.
- 64Tenancies terminable after death or marriage.
- 65Additional “low rent” test.
- 66Price payable by tenant on enfranchisement by virtue of section 63 or 64.
- Exceptions to right to enfranchise
- 67Exclusion of right to enfranchise in case of houses let by charitable housing trusts.
- 68Exclusion of right in case of property transferred for public benefit etc.
- 72Applications after expiry of two-year period.
- 76Right to audit management by landlord.
- 77Qualifying tenants.
- 78Management audits.
- 79Rights exercisable in connection with management audits.
- 80Exercise of right to have a management audit.
- 81Procedure following giving of notice under section 80.
- 82Requirement relating to information etc. held by superior landlord.
- 83Supplementary provisions.
- Compulsory acquisition of landlord’s interest
- 85Amendment of Part III of Landlord and Tenant Act 1987.
- Variation of leases
- 86Variation of leases under Part IV of Landlord and Tenant Act 1987.
- Codes of practice
- Provision of accommodation for persons with mental disorders
- 89Avoidance of provisions preventing occupation of leasehold property by persons with mental disorders.
- 95Saving for National Trust.
- 96Property within cathedral precinct.
- 98Power to prescribe procedure under Chapters I and II.
- 102Term date and other matters relating to periodical tenancies.
- 103Application of Part I to Isles of Scilly.
- Part II: PUBLIC SECTOR HOUSING
- 104Landlord’s notice of purchase price and other matters.
- 105Tenant’s notice of intention etc.
- 106Exceptions to the right to buy.
- Abolition of certain ancillary rights
- 107Abolition of right to a mortgage, right to defer completion and right to be granted a shared ownership lease.
- 108Right to acquire on rent to mortgage terms.
- 109Tenant’s notice claiming right.
- 110Landlord’s notice admitting or denying right.
- 111Tenant’s notice of intention etc.
- 112Notice of landlord’s share and initial discount.
- 113Determination of landlord’s share, initial discount etc.
- 114Change of landlord after notice claiming right.
- 115Duty of landlord to convey freehold or grant lease.
- 116Terms and effect of conveyance or grant: general.
- 117Redemption of landlord’s share.
- 118Mortgage for securing redemption of landlord’s share.
- 119Landlord’s notices to complete.
- 120Repayment of discount on early disposal.
- 121Right to have repairs carried out.
- 122Right to compensation for improvements.
- 123Right to information.
- 125New rights with respect to such disposals.
- 126Provision of housing welfare services.
- 127Accounting for housing welfare services.
- 128Power to repeal provisions made by sections 126 and 127.
- 129Management agreements.
- 132Management agreements with tenant management organisations.
- Priority of charges securing repayment of discount
- 133Voluntary disposals by local authorities.
- Disposals of dwelling-houses by local authorities
- Expenses on defective housing
- 138Contributions in respect of certain post-March 1989 expenses.
- 139Contributions in respect of certain pre-April 1989 expenses.
- Housing Revenue Account subsidy
- 140Calculation of Housing Revenue Account subsidy.
- Chapter II: SCOTLAND
- Rent to loan scheme
- 141Eligibility for rent to loan scheme. Repealed
- 142The rent to loan scheme. Repealed
- 143Rent to loan scheme: related amendments. Repealed
- Right to purchase
- 144Abatement of purchase price.
- 145Effect of abatement of purchase price on recovery of discount.
- Other rights of secure tenants
- 146Right to have repairs carried out. Repealed
- 147Right to compensation for improvements. Repealed
- 148Right to information. Repealed
- Housing welfare services
- 149Provision of housing welfare services.
- 150Accounting for housing welfare services.
- 151Power to repeal provisions relating to housing welfare services.
- Miscellaneous
- 152Management agreements with housing co-operatives. Repealed
- 153Standards and performance in housing management.
- 154Further provision as to allocation of housing.
- 155Rules relating to housing list.
- 156Defective dwellings: damages for landlord’s failure to notify.
- 157Other amendments of 1987 Act.
- Part III: DEVELOPMENT OF URBAN AND OTHER AREAS
- The Urban Regeneration Agency
- 166Consents of Secretary of State. Repealed
- 169Supplementary provisions as to vesting and acquisition of land. Repealed
- 170Power to make designation orders. Repealed
- 171Agency as local planning authority. Repealed
- 172Adoption of private streets. Repealed
- 173Traffic regulation orders for private streets. Repealed
- Other functions of Secretary of State
- 174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Urban development corporations
- 179Adjustment of areas.
- 180Transfers of property, rights and liabilities.
- 182Powers of housing action trusts with respect to private streets.
- 183Notices. Repealed
- 184Dissolution of English Industrial Estates Corporation. Repealed
- 185Interpretation of Part III. Repealed
- Part IV: SUPPLEMENTAL
- 186Financial provisions.
- 187Amendments and repeals.
- 188Short title, commencement and extent.
- Part I: THE REVERSIONER
- Freeholder to be reversioner
- Replacement of freeholder by other relevant landlord
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Part IA: The reversioner: premises with multiple freeholders
- Initial reversioner
- 5AParagraph 5A
- Change of reversioner
- 5BParagraph 5B
- 5CParagraph 5C
- 5DParagraph 5D
- 5EParagraph 5E
- Part II: CONDUCT OF PROCEEDINGS ON BEHALF OF OTHER LANDLORDS
- Acts of reversioner binding on other landlords
- Other landlords acting independently
- Obligations of other landlords to reversioner
- 8Paragraph 8
- Applications made by other landlords under section 23(1)
- 9Paragraph 9
- Interpretation
- Mortgagee in possession of landlord’s interest
- 2Paragraph 2
- Landlord’s interest vested in custodian trustee
- 3Paragraph 3
- Landlord under a disability
- Landlord’s interest subject to a settlement
- ...
- Ecclesiastical landlords
- Part I: RESTRICTIONS ON PARTICIPATION BY INDIVIDUAL TENANTS, EFFECT OF CLAIMS ON OTHER NOTICES, FORFEITURES ETC.
- Prior notice by tenant terminating lease
- 1Paragraph 1
- Prior notice by landlord terminating lease
- 2Paragraph 2
- Orders for possession and pending proceedings for forfeiture etc.
- 3Paragraph 3
- Institution of compulsory purchase procedures
- 4Paragraph 4
- Notice terminating lease given by tenant or landlord during currency of claim
- 5Paragraph 5
- Initial notice operates to prevent termination of tenant’s lease by other means
- 6Paragraph 6
- Restriction on proceedings against participating tenant to enforce right of re-entry or forfeiture
- 7Paragraph 7
- Restrictions for purposes of s. 14(3) on tenant electing to become participating tenant during currency of claim
- 8Paragraph 8
- Effect of tenant’s election on certain notices given by landlord
- 9Paragraph 9
- Interpretation
- 10Paragraph 10
- Part II: PROCEDURE FOR GIVING COPIES TO RELEVANT LANDLORDS
- Application of Part II
- 12AParagraph 12A
- Recipient of notice or copy to give further copies
- Consequences of failure to comply with paragraph 12 or 13
- Part III: OTHER PROVISIONS
- Inaccuracies or misdescription in initial notice
- 15Paragraph 15
- Effect on initial notice of tenant’s lack of qualification to participate
- 16Paragraph 16
- Information to accompany counter-notice
- 1Paragraph 1
- Continuing duty to furnish information
- 2Paragraph 2
- Duty of other landlords to furnish copies to reversioner
- 3Paragraph 3
- Interpretation
- 1Paragraph 1
- Execution of conveyance
- The appropriate sum
- Effect of payment of appropriate sum into court
- 4Paragraph 4
- Supplemental
- 5Paragraph 5
- Part I: GENERAL
- Interpretation and operation of Schedule
- Price payable for freehold of specified premises
- Value of freeholder’s interest
- Freeholder’s share of marriage value
- Compensation for loss resulting from enfranchisement
- 5Paragraph 5
- Price payable for freehold of part of specified premises
- 5AParagraph 5A
- 5BParagraph 5B
- 5CParagraph 5C
- Price payable for intermediate leasehold interests
- 6Paragraph 6
- Value of intermediate leasehold interests
- Compensation for loss on acquisition of interest
- 9AParagraph 9A
- Price payable for other interests
- 10Paragraph 10
- Value of other interests
- Marriage value
- 12Paragraph 12
- Compensation for loss on acquisition of interest
- Valuation of freehold and intermediate leasehold interests
- Calculation of marriage value
- Apportionment of marriage value
- Adjustment of compensation
- Valuation of freehold and leasehold interests
- 18Paragraph 18
- Calculation of marriage value
- 19Paragraph 19
- Apportionment of marriage value
- 20Paragraph 20
- Adjustment of compensation
- 21Paragraph 21
- Interpretation
- General
- Rights of support, passage of water etc.
- 3Paragraph 3
- Rights of way
- 4Paragraph 4
- Restrictive covenants
- 5Paragraph 5
- Construction
- 1Paragraph 1
- Duty of nominee purchaser to redeem mortgages
- 2Paragraph 2
- Determination of amounts due in respect of mortgages
- 3Paragraph 3
- Payments into court
- Savings
- 5Paragraph 5
- Part I: GENERAL
- Part II: MANDATORY LEASEBACK
- Flats etc. let under secure tenancies or secure contracts
- Flats etc. let by housing associations under tenancies other than secure tenancies or secure contracts
- Provisions as to terms of lease
- Part III: RIGHT OF FREEHOLDER TO REQUIRE LEASEBACK OF CERTAIN UNITS
- Flats without qualifying tenants and other units
- Flat etc. occupied by resident landlord
- Provisions as to terms of lease
- Duration of lease and rent
- 8Paragraph 8
- General rights to be granted
- 9Paragraph 9
- Covenants for title
- 9AParagraph 9A
- Rights of support, passage of water etc.
- 10Paragraph 10
- Rights of way
- 11Paragraph 11
- Common use of premises and facilities
- 12Paragraph 12
- Covenants affecting demised premises
- 13Paragraph 13
- Covenants by lessor
- 14Paragraph 14
- Covenants by lessee
- 15Paragraph 15
- Contributions by lessee
- 16Paragraph 16
- Assignment and sub-letting of premises
- 17Paragraph 17
- Restriction on terminating lease
- 18Paragraph 18
- Disapplication of provisions relating to disposals by local authorities etc.
- Provisions relating to secure tenants following leaseback
- Part I: PROCEDURE IN RELATION TO TENANT’S NOTICE
- Tenant’s notice may be given to any of the other landlords
- 1Paragraph 1
- Tenant to give copies of notice
- 2Paragraph 2
- Recipient of notice or copy to give further copies
- 3Paragraph 3
- Consequences of failure to comply with paragraph 2 or 3
- 4Paragraph 4
- Part II: CONDUCT OF PROCEEDINGS BY COMPETENT LANDLORD ON BEHALF OF OTHER LANDLORDS
- Counter-notice to specify other landlords
- 5Paragraph 5
- Acts of competent landlord binding on other landlords
- Other landlords acting independently
- 7Paragraph 7
- Obligations of other landlords to competent landlord
- 8Paragraph 8
- Applications made by other landlords under section 47(1)
- 9Paragraph 9
- Deemed surrender and re-grant of leases of other landlords
- 10Paragraph 10
- Discharge of existing mortgages
- 11Paragraph 11
- Part I: EFFECT OF TENANT’S NOTICE ON OTHER NOTICES, FORFEITURES ETC.
- Prior notice by tenant terminating lease
- 1Paragraph 1
- Prior notice by landlord terminating lease
- 2Paragraph 2
- Orders for possession and pending proceedings for forfeiture etc.
- 3Paragraph 3
- Notice terminating lease given by tenant or landlord during currency of claim
- 4Paragraph 4
- Tenant’s notice operates to prevent termination of lease
- 5Paragraph 5
- Restriction on proceedings to enforce right of re-entry or forfeiture
- 6Paragraph 6
- Effect of notice under section 16(2) of Landlord and Tenant Act 1954 on tenant’s notice
- 7Paragraph 7
- Interpretation
- 8Paragraph 8
- Part II: OTHER PROVISIONS
- 9Paragraph 9
- Part I: GENERAL
- Part II: PREMIUM PAYABLE IN RESPECT OF GRANT OF NEW LEASE
- Premium payable by tenant
- 2Paragraph 2
- Diminution in value of landlord’s interest
- Compensation for loss arising out of grant of new lease
- 5Paragraph 5
- Part III: AMOUNTS PAYABLE TO OWNERS OF INTERMEDIATE LEASEHOLD INTERESTS
- Amount payable to owner of intermediate interest
- 6Paragraph 6
- Diminution in value of intermediate interest
- Value of intermediate interests
- Compensation for loss arising out of grant of new lease
- 9Paragraph 9
- Owners of intermediate interests entitled to part of marriage value
- 10Paragraph 10
- 1Paragraph 1
- 3Paragraph 3
- 5Paragraph 5
- 6Paragraph 6
- 8Paragraph 8
- 10Paragraph 10 Repealed
- 11Paragraph 11
- 9Purchase price and costs of enfranchisement, and tenant’s right to withdraw.
- Schedule 17: Constitution of the agency
- Paragraph Repealed
- Paragraph Repealed
- Paragraph Repealed
- Paragraph Repealed
- Schedule 18: FINANCES OF THE AGENCY
- ...
- Paragraph Repealed
- Paragraph Repealed
- Paragraph Repealed
- Paragraph Repealed
- Paragraph Repealed
- Paragraph Repealed
- Paragraph Repealed
- Paragraph Repealed
- Paragraph Repealed
- Paragraph Repealed
- Paragraph Repealed
- Paragraph Repealed
- Paragraph Repealed
- Schedule 19: VESTING OF LAND IN THE AGENCY: MODIFICATIONS OF ENACTMENTS
- Land Compensation Act 1961 (c. 33) Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66) Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- Schedule 20: THE AGENCY: LAND
- Part I: MODIFICATIONS OF ACQUISITION OF LAND ACT 1981 Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- Part II: LAND: SUPPLEMENTARY Repealed
- Extinguishment of rights over land Repealed
- 4Paragraph 4 Repealed
- Power to override easements Repealed
- 5Paragraph 5 Repealed
- Consecrated land and burial grounds Repealed
- 6Paragraph 6 Repealed
- Open spaces Repealed
- 7Paragraph 7 Repealed
- Displacement of persons Repealed
- 8Paragraph 8 Repealed
- Extinguishment of public rights of way Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- Telegraphic lines Repealed
- 11Paragraph 11 Repealed
- Statutory undertakers Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- 14Paragraph 14 Repealed
- 15Paragraph 15 Repealed
- 16Paragraph 16 Repealed
- 17Paragraph 17 Repealed
- 18Paragraph 18 Repealed
- Interpretation Repealed
- 19Paragraph 19 Repealed
- Part III: ACQUISITION OF RIGHTS Repealed
- 20Paragraph 20 Repealed
- 21Paragraph 21 Repealed
- 22Paragraph 22 Repealed
- 23Paragraph 23 Repealed
- Schedule 21: MINOR AND CONSEQUENTIAL AMENDMENTS
- ...
- 2Paragraph 2 Repealed
- ... Not yet in force
- 3Paragraph 3 Not yet in force
- Leasehold Reform Act 1967 (c. 88)
- 4Paragraph 4 Not yet in force
- 5Paragraph 5
- Local Government Act 1974 (c. 7) Not yet in force
- 6Paragraph 6 Not yet in force
- Rent Act 1977 (c. 42)
- 7Paragraph 7
- Derelict Land Act 1982 (c. 42) Not yet in force
- 8Paragraph 8 Not yet in force
- 9Paragraph 9
- Housing Act 1985 (c. 68)
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- Landlord and Tenant Act 1987 (c. 31)
- 27Paragraph 27
- Town and Country Planning Act 1990 (c. 8) Not yet in force
- 28Paragraph 28 Not yet in force
- 29Paragraph 29 Not yet in force
- Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
- 31Paragraph 31 Not yet in force
- ... Not yet in force
- 32Paragraph 32 Not yet in force
- Schedule 22REPEALS