OpenLegislation

The Leasehold Reform (Notices) (Amendment) (England) Regulations 2002

S.I. 2002/1715 · Made 1 July 2002

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

LANDLORD AND TENANT ENGLAND

Made 1st July 2002

Laid before Parliament 5th July 2002

Coming into force 26th July 2002

The Secretary of State, in exercise of the powers conferred on him by section 66 of the Landlord and Tenant Act 1954f1, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1954 c. 56. Section 66(1) and (2) was amended by S.I. 1974/1896. Section 66 of the Landlord and Tenant Act 1954 is applied to notices under Part 1 of the Leasehold Reform Act 1967 (c. 88) by section 22(5) of that Act. The Secretary of State can exercise the power under this section only in relation to England: see article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

Contents

  1. 1Citation, commencement and extent
  2. 2Amendments
  3. 3Application
  4. Signature
  5. Schedule Forms of Tenants' Notices under Part 1 of the Leasehold Reform Act 1967
  6. Schedule THEPARTICULARS SUPPORTING TENANT'S CLAIM
  7. 1Paragraph 1
  8. 2Paragraph 2
  9. 3Paragraph 3
  10. 4Paragraph 4
  11. 5Paragraph 5
  12. 6Paragraph 6
  13. 7Paragraph 7
  14. 8Paragraph 8
  15. 9Paragraph 9
  16. 10Paragraph 10
  17. 11Notes
  18. 12Notes
  19. Schedule THE: PARTICULARS SUPPORTING TENANT'S CLAIM
  20. 1Paragraph 1
  21. 2Paragraph 2
  22. 3Paragraph 3
  23. 4Paragraph 4
  24. 5Paragraph 5
  25. 6Paragraph 6
  26. 7Paragraph 7
  27. 8Paragraph 8
  28. 9Paragraph 9
  29. 10Paragraph 10
  30. 11Notes
  31. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Leasehold Reform (Notices) (Amendment) (England) Regulations 2002 and shall come into force on 26th July 2002.

(2)

These Regulations extend to England only.

2Amendments

In the Schedule to the Leasehold Reform (Notices) Regulations 1997f1—

(a)

for Form 1, substitute Form 1 in the Schedule to these Regulations; and

(b)

for Form 2, substitute Form 2 in that Schedule.

3Application

These Regulations shall only apply to cases where a notice under Part 1 of the Leasehold Reform Act 1967f1 (tenant’s notice of desire to have or claim to be entitled to acquire the freehold or an extended lease) was given on or after the date these Regulations come into force.

Signature

Signed by authority of the First Secretary of State

Tony McNulty

Parliamentary Under Secretary of State,

Office of the Deputy Prime Minister

1st July 2002

Forms of Tenants' Notices under Part 1 of the Leasehold Reform Act 1967

FORM 1

LEASEHOLD REFORM ACT 1967

Notice of tenant’s claim to acquire the freehold or an extended lease

Schedule THEPARTICULARS SUPPORTING TENANT'S CLAIM

FORM 2

LEASEHOLD REFORM ACT 1967

Notice of tenant’s claim under section 28(1)(b)(ii)

1

The address of the house.

2

Particulars of the house and premises sufficient to identify the property to which your claim extends. (see Note 4 below)

3

Particulars of the tenancy of the house and premises sufficient to identify the instrument creating the tenancy and to show that the tenancy is and has at the material times been a long tenancy or treated as a long tenancy. (see Note 5 below)

4

Particulars sufficient to show the date on which you acquired the tenancy. (see Note 6 below)

5

(a)

Particulars of the tenancy of the house and premises sufficient to show that the tenancy is and has at the material times been a tenancy at a low rent or treated as a tenancy at a low rent. (see Note 7 below)

OR

(b)

If your claim is based on section 1AA (additional right to enfranchisement only in case of houses whose rent exceeds applicable limit under section 4), particulars of the tenancy sufficient to show that the tenancy is one in relation to which section 1AA has effect to confer a right to acquire the freehold of the house and premises. (see Note 8 below)

6

Particulars of any other long tenancy of the house or a flat forming part of the house held by any tenant. (see Note 9 below)

7

Where either—

(a)

a flat forming part of the house is let to a person who is a qualifying tenant of a flat for the purposes of Chapter 1 or 2 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993; or

(b)

your tenancy is a business tenancy,

the following particulars:

(i)

the periods for which in the last ten years, and since acquiring the tenancy, you have and have not occupied the house as your residence; and

(ii)

during those periods what parts (if any) of the house have not been in your own occupation and for what periods, and

(iii)

what other residence (if any) you have had and for what periods, and which was your main residence. (see Note 10 below)

8

Additional particulars sufficient to show that the value of the house and premises does not exceed the applicable financial limit specified in section 1(1)(a)(i) or (ii), (5) or (6) of the Act. (These are not required where the right to have the freehold is claimed in reliance on any one or more of the provisions in section 1A, 1AA or 1B of the Act, or where the tenancy of the house and premises has been extended under section 14 and the notice under section 8(1) was given (whether by a tenant or a sub-tenant) after the original term date of the tenancy). (see Note 11 below)

9

Additional particulars sufficient to show whether the house and premises are to be valued in accordance with section 9(1) or section 9(1A) of the Act. (These are not required where the right to have the freehold is claimed in reliance on any one or more of the provisions in section 1A, 1AA or 1B of the Act, or where the tenancy of the house and premises has been extended under section 14 and the notice under section 8(1) was given (whether by a tenant or a sub-tenant) after the original term date of the tenancy).

10

Additional particulars where you rely on section 6 (rights of trustees), 6A (rights of personal representatives) or 7 (rights of members of family succeeding to tenancy on death) of the Act. (see Note 12 below)

11Notes

A claimant who relies on any one or more of the provisions in section 1A, 1AA or 1B of the Act, (or where the tenancy of the house and premises has been extended under section 14 and the notice under section 8(1) was given (whether by a tenant or a sub-tenant) after the original term date of the tenancy), has the right to have the freehold at a price determined in accordance with section 9(1C) of the Act, but not the right to have an extended lease.

Section 1A(1) applies to a tenancy of a house and premises the value of which exceeds the applicable financial limit. Sections 1A(2) and 1B are described in notes 7 and 5 respectively. Section 1AA (described in note 8) applies to certain cases where the long lease fails the low rent test.

12Notes

(a)

Where the claimant is giving the notice by virtue of section 6, 6A or 7 he is required (Schedule 3, paragraph 6(2)) to adapt the notice and show under paragraphs 4 and 7 of the Schedule to the notice the particulars that bring the claim within section 6, 6A or, as the case may be, section 7.

(b)

Where the tenancy is or was vested in trustees the claimant should, for the purposes of a claim made in reliance on section 6, state the date when the tenancy was acquired by the trustees, and, where the case falls within paragraphs 7(a) or (b) of the Schedule to the notice, the date when the beneficiary occupied the house by virtue of his interest under the trust, and the particulars of any period of occupation by the beneficiary which are relied upon as bringing the case within section 6.

(c)

Section 6A of the Act (inserted by section 142 of the Commonhold and Leasehold Reform Act 2002) provides that where a tenant dies and immediately before his death he qualified for the right to enfranchise or a lease extension, those rights can be exercised (up to two years after the date of probate or letters of administration) by his personal representatives. Where the tenancy is vested in personal representatives, they should, for the purposes of making a claim under section 6A, provide evidence that the deceased tenant qualified for the relevant right immediately before his death, state the date when the tenancy became vested in them, and provide evidence to show that probate or letters of administration have been granted no more than two years before the date of the claim for extension of the lease or enfranchisement.

(d)

Where the claimant was a member of the previous tenant’s family and became the tenant on the latter’s death, for the purposes of a claim made in reliance upon section 7, the claimant should state the date on which the previous tenant acquired the tenancy, particulars of his relationship to the previous tenant and his succession to the tenancy, and particulars in respect of any period of occupation by himself on which the claimant relies as bringing the case within section 7.

1

The address of the house.

2

Particulars of the house and premises sufficient to identify the property to which your claim extends. (see Note 3 below)

3

Particulars of the tenancy of the house and premises sufficient to identify the instrument creating the tenancy and to show that the tenancy is and has at the material times been a long tenancy or treated as a long tenancy. (see Note 4 below)

4

Particulars sufficient to show the date on which you acquired the tenancy. (see Note 5 below)

5

(a)

Particulars of the tenancy of the house and premises sufficient to show that the tenancy is and has at the material times been a tenancy at a low rent or treated as a tenancy at a low rent. (see Note 6 below)

OR

(b)

If your claim is based on section 1AA (additional right to enfranchisement only in case of houses whose rent exceeds applicable limit under section 4), particulars of the tenancy sufficient to show that the tenancy is one in relation to which section 1AA has effect to confer a right to acquire the freehold of the house and premises. (see Note 7 below)

6

Particulars of any other long tenancy of the house or a flat forming part of the house held by any tenant. (see Note 8 below)

7

Where either—

(a)

a flat forming part of the house is let to a person who is a qualifying tenant of a flat for the purpose of Chapter 1 or 2 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993; or

(b)

your tenancy is a business tenancy,

the following particulars:

(i)

the periods for which in the last ten years, and since acquiring the tenancy, you have and have not occupied the house as your residence; and

(ii)

during those periods what parts (if any) of the house have not been in your own occupation and for what periods, and

(iii)

what other residence (if any) you have had and for what periods, and which was your main residence. (see Note 9 below)

8

Additional particulars sufficient to show that the value of the house and premises does not exceed the applicable financial limit specified in section 1(1)(a)(i) or (ii), (5) or (6) of the Act. (These are not required where the right to have the freehold is claimed in reliance on any one or more of the provisions in section 1A, 1AA or 1B of the Act, or where the tenancy of the house and premises has been extended under section 14 and the notice under section 8(1) was given (whether by a tenant or a sub-tenant) after the original term date of the tenancy). (see Note 10 below)

9

Additional particulars sufficient to show whether the house and premises are to be valued in accordance with section 9(1) or section 9(1A) of the Act. (These are not required where the right to have the freehold is claimed in reliance on any one or more of the provisions in section 1A, 1AA or 1B of the Act, or where the tenancy of the house and premises has been extended under section 14 and the notice under section 8(1) was given (whether by a tenant or sub-tenant) after the original term date of the tenancy).

10

Additional particulars where you rely on section 6 (rights of trustees), 6A (rights of personal representatives) or 7 (rights of members of family succeeding to tenancy on death) of the Act. (see Note 11 below)

11Notes

(a)

Where the claimant is giving the notice by virtue of section 6, 6A or 7 he is required (Schedule 3, paragraph 6(2)) to adapt the notice and show under paragraph 4 or 7 of the Schedule to the notice the particulars that bring the claim within section 6, 6A or, as the case may be, section 7.

(b)

Where the tenancy is or was vested in trustees the claimant should, for the purposes of a claim made in reliance on section 6, state the date when the tenancy was acquired by the trustees, and, where the case falls within paragraphs 7(a) or (b) to the Schedule to this notice, the date when the beneficiary occupied the house by virtue of his interest under the trust, and the particulars of any period of occupation by the beneficiary which are relied upon as bringing the case within section 6.

(c)

Section 6A of the Act (inserted by section 142 of the Commonhold and Leasehold Reform Act 2002) provides that where a tenant dies and immediately before his death he qualified for the right to enfranchise or a lease extension, those rights can be exercised (up to two years after the date of probate or letters of administration) by his personal representatives. Where the tenancy is vested in personal representatives, they should, for the purposes of making a claim under section 6A, provide evidence that the deceased tenant qualified for the relevant right immediately before his death, state the date when the tenancy became vested in them, and provide evidence to show that probate or letters of administration have been granted no more than two years before the date of the claim for extension of the lease or enfranchisement.

(d)

Where the claimant was a member of the previous tenant’s family and became the tenant on the latter’s death, for the purposes of a claim made in reliance upon section 7, the claimant should state the date on which the previous tenant acquired the tenancy, particulars of his relationship to the previous tenant and his succession to the tenancy, and particulars in respect of any period of occupation by himself on which the claimant relies as bringing the case within section 7.

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Leasehold Reform (Notices) Regulations 1997 and provide new forms of notices to be used by tenants applying for enfranchisement and extension of long leaseholds under the Leasehold Reform Act 1967. The new forms are to be used for applications made on or after [DATE]. Forms which are substantially to the same effect as those prescribed may also be used.

Most of the amendments are consequential on those made to the Leasehold Reform Act 1967 by Chapter 4 of Part 2 of the Commonhold and Leasehold Reform Act 2002 which introduced the following changes to the qualifying rules for enfranchisement and lease extension:

(i)

abolition of the residence test, subject to certain exceptions;

(ii)

a new requirement that the tenant must have held the lease for two years;

(iii)

abolition of the low rent test;

(iv)

the right to buy the freehold within the term of a lease extension;

(v)

new rights and qualifying rules for personal representatives of a deceased leaseholder.

There are also minor drafting amendments.