Section 36 Nominee purchaser required to grant leases back to former freeholder in certain circumstances.

England and Wales

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

s. 36 sidenote words substituted by Commonhold and Leasehold Reform Act 2002 Sch. 8 para. 25(4)
s. 36(1) word substituted by Commonhold and Leasehold Reform Act 2002 Sch. 8 para. 25(2)(a)
s. 36(1) words substituted by Commonhold and Leasehold Reform Act 2002 Sch. 8 para. 25(2)(b)
s. 36(2) words substituted by Commonhold and Leasehold Reform Act 2002 Sch. 8 para. 25(3)
s. 36 heading substituted by Leasehold and Freehold Reform Act 2024 s. 32(4)(d)
s. 36(1A) inserted by Leasehold and Freehold Reform Act 2024 s. 32(4)(a)
s. 36(2) words substituted by Leasehold and Freehold Reform Act 2024 s. 32(4)(b)
s. 36(4) words substituted by Leasehold and Freehold Reform Act 2024 s. 32(4)(c)

(1)

In connection with the acquisition by him of F1a freehold interest in the specified premises, the nominee purchaser shall grant to the person from whom the interest is acquired such leases of flats or other units contained in those premises as are required to be so granted by virtue of Part II or III of Schedule 9.

(2)

Any such lease shall be granted so as to take effect immediately after the acquisition by the nominee purchaser of the freehold F2interest concerned.

(3)

Where any flat or other unit demised under any such lease (“the relevant lease”) is at the time of that acquisition subject to any existing lease, the relevant lease shall take effect as a lease of the freehold reversion in respect of the flat or other unit.

(4)

Part IV of Schedule 9 has effect with respect to the terms of a lease granted in pursuance of Part II or III of that Schedule.

Annotations

Textual amendments

F1: Words in s. 36(1) substituted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 12(2); S.I. 1996/2212, art. 2(2) (with saving in Sch.)
F2: Words in s. 36(2) substituted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 12(3); S.I. 1996/2212, art. 2(2) (with saving in Sch.)

Notes on Chapter I

Modifications

C1: Pt. 1 Ch. 1: power to amend conferred (20.1.2007) by Companies Act 2006 (c. 46), ss. 1181(1)(a), 1300(2); S.I. 2006/3428, art. 3(3) (with arts. 6, 8(2))