Part IE+W LANDLORD AND TENANT

Chapter VIE+W MISCELLANEOUS

Jurisdiction of leasehold valuation tribunals in relation to enfranchisement etc. of Crown landE+W

88 Jurisdiction of leasehold valuation tribunals in relation to enfranchisement etc. of Crown land.E+W

(1)This section applies where any tenant under a lease from the Crown is proceeding with a view to acquiring the freehold or an extended lease of a house and premises in circumstances in which, but for the existence of any Crown interest in the land subject to the lease, he would be entitled to acquire the freehold or such an extended lease under Part I of the M1Leasehold Reform Act 1967.

(2)Where—

(a)this section applies in accordance with subsection (1), and

(b)any question arises in connection with the acquisition of the freehold or an extended lease of the house and premises which is such that, if the tenant were proceeding as mentioned in that subsection in pursuance of a claim made under Part I of that Act, a leasehold valuation tribunal constituted for the purposes of that Part of that Act would have jurisdiction to determine it in proceedings under that Part, and

(c)it is agreed between—

(i)the appropriate authority and the tenant, and

(ii)all other persons (if any) whose interests would fall to be represented in proceedings brought under that Part for the determination of that question by such a tribunal,

that that question should be determined by such a tribunal,

a rent assessment committee constituted for the purposes of this section shall have jurisdiction to determine that question.

(3)A rent assessment committee shall, when constituted for the purposes of this section, be known as a leasehold valuation tribunal.

(4)Paragraphs 1 to 3 of Schedule 22 to the M2Housing Act 1980 (provisions relating to leasehold valuation tribunals constituted for the purposes of Part I of the M3Leasehold Reform Act 1967) shall apply to a leasehold valuation tribunal constituted for the purposes of this section.

(5)Any application made to such a leasehold valuation tribunal must comply with such requirements (if any) as to the form of, or the particulars to be contained in, any such application as the Secretary of State may by regulations prescribe.

(6)For the purposes of this section “lease from the Crown” means a lease of land in which there is, or has during the subsistence of the lease been, a Crown interest superior to the lease; and “Crown interest” and “the appropriate authority” in relation to a Crown interest mean respectively—

(a)an interest comprised in the Crown Estate, and the Crown Estate Commissioners;

(b)an interest belonging to Her Majesty in right of the Duchy of Lancaster, and the Chancellor of the Duchy;

(c)an interest belonging to the Duchy of Cornwall, and such person as the Duke of Cornwall or the possessor for the time being of the Duchy appoints;

(d)any other interest belonging to a government department or held on behalf of Her Majesty for the purposes of a government department, and the Minister in charge of that department.

(7)In this section any reference to a leasehold valuation tribunal constituted for the purposes of Part I of the Leasehold Reform Act 1967 is a reference to such a rent assessment committee as is mentioned in section 142(2) of the Housing Act 1980 (leasehold valuation tribunals).