Modifications etc. (not altering text)
C1Pt. I (ss. 1–19) modified by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 6, 45, Sch. 2 Pt. III para. 27(1), Sch. 7 Pt. VI para. 2
C2Pt. 1 amended by Local Government, Planning and Land Act 1980 (c. 65), s. 113
C3Pt. I applied (with modifications) (1.3.2010) by Planning Act 2008 (c. 29), ss. 152(7), 241(8) (with s. 226); S.I. 2010/101, art. 3(h) (with art. 6)
(1)This section has effect where a person is entitled under Part I of the M1Leasehold Reform Act 1967 to acquire the freehold or an extended lease of a house by virtue of any tenancy (“the qualifying tenancy”) and—
(a)has on or before the relevant date given notice under that Act to the landlord of his desire to have the freehold or an extended lease; and
(b)has not acquired the freehold or an extended lease before that date.
(2)The qualifying tenancy shall be treated as an owner’s interest as defined in section 2(4) above whether or not the unexpired term on the date of service of the notice of claim is of the length there specified.
(3)If no claim is made in respect of the qualifying tenancy before the claimant has ceased to be entitled to it by reason of his acquisition of the freehold or an extended lease he may make a claim in respect of the qualifying tenancy as if he were still entitled to it.
(4)No claim shall be made by virtue of subsection (3) above after the claimant has ceased to be entitled to the freehold or extended lease but such a claim may be made before [F1the first claim day] if it is made before the claimant has disposed of the freehold or extended lease and after he has made a contract for disposing of it.
(5)Compensation shall not be payable before [F1the first claim day] on any claim made by virtue of subsection (4) above.
(6)Any notice of a claim made by virtue of this section shall contain, in addition to the matters mentioned in section 3 above, a statement that it is made in respect of a qualifying tenancy as defined in this section and, if made by virtue of subsection (3) or (4) above, sufficient particulars to show that it falls within that subsection.
(7)In relation to a claim made by virtue of subsection (3) above section 4(4)(a) above shall have effect as if the reference to the date of service of notice of the claim were a reference to the relevant date.
Textual Amendments
F1Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 112(4)(9) except in cases where the relevant date was more than 3 years before 13.11.1980
Marginal Citations