http://www.legislation.gov.uk/id/ukpga/1993/28

http://www.legislation.gov.uk/ukpga/1993/28/section/46/1993-12-01

Leasehold Reform, Housing and Urban Development Act 1993

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.

1993-07-20

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text/xml

Statute Law Database

2024-05-17

1993-12-01

Leasehold Reform, Housing and Urban Development Act 1993

s. 12A and cross-heading

Commonhold and Leasehold Reform Act 2002

s. 123(1)

s. 181(1)

Leasehold Reform, Housing and Urban Development Act 1993

s. 13(2ZA)

Commonhold and Leasehold Reform Act 2002

s. 121(3)

s. 181(1)

Leasehold Reform, Housing and Urban Development Act 1993

s. 13(2ZB)

Commonhold and Leasehold Reform Act 2002

s. 123(2)

s. 181(1)

Leasehold Reform, Housing and Urban Development Act 1993

s. 13(5A)

Commonhold and Leasehold Reform Act 2002

Sch. 8

para. 6(3)

s. 181(1)

Leasehold Reform, Housing and Urban Development Act 1993

s. 29(4A)

Commonhold and Leasehold Reform Act 2002

Sch. 8

para. 18(2)

s. 181(1)

Leasehold Reform, Housing and Urban Development Act 1993

s. 79(2)

(2A)

Commonhold and Leasehold Reform Act 2002

Sch. 10

para. 16(3)

s. 181(1)

Leasehold Reform, Housing and Urban Development Act 1993

s. 29(4A)

The Enterprise Act 2002 (Insolvency) Order 2003

Sch.

para. 20(b)

art. 6

art. 1(1)

Leasehold Reform, Housing and Urban Development Act 1993

s. 29(4A)(a)

The Enterprise Act 2002 (Insolvency) Order 2003

Sch.

para. 20(a)

art. 6

art. 1(1)

Leasehold Reform, Housing and Urban Development Act 1993

s. 78(5A)-(5C)

Housing and Regeneration Act 2008

Sch. 12

para. 15(3)

s. 325(1)

Leasehold Reform, Housing and Urban Development Act 1993

s. 78(7)

Housing and Regeneration Act 2008

Sch. 12

para. 15(4)

s. 325(1)

Leasehold Reform, Housing and Urban Development Act 1993

Sch. 20

para. 5(1A)

Planning Act 2008

Sch. 9

para. 5(2)

s. 226

s. 241(8)

Leasehold Reform, Housing and Urban Development Act 1993

s. 12A(3)(a)

(b)

The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009

Sch. 1

para. 140(5)

art. 10

art. 1(2)

Leasehold Reform, Housing and Urban Development Act 1993

s. 12A(4)(a)

The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009

Sch. 1

para. 140(5)

art. 10

art. 1(2)

Leasehold Reform, Housing and Urban Development Act 1993

s. 12A(4)(c)

The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009

Sch. 1

para. 140(5)

art. 10

art. 1(2)

Leasehold Reform, Housing and Urban Development Act 1993

s. 29(4A)(d)

The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009

Sch. 1

para. 140(6)

art. 10

art. 1(2)

Leasehold Reform, Housing and Urban Development Act 1993

s. 70(15)

Historic Environment (Wales) Act 2023

Deddf Yr Amgylchedd Hanesyddol (Cymru) 2023

Deddf yr Amgylchedd Hanesyddol (Cymru) 2023

Sch. 13

para. 166(b)

Sch. 14

para. 1-3

s. 212(2)

Leasehold Reform, Housing and Urban Development Act 1993

s. 156(4)

Housing (Scotland) Act 2014

sch. 2

para. 7

s. 104(3)

Part I LANDLORD AND TENANT

Chapter II INDIVIDUAL RIGHT OF TENANT OF FLAT TO ACQUIRE NEW LEASE

Applications to court or leasehold valuation tribunal

46 Proceedings relating to validity of tenant’s notice.

1

Where—

a

the landlord has given the tenant a counter-notice under section 45 which (whether it complies with the requirement set out in subsection (2)(b) or (c) of that section) contains such a statement as is mentioned in subsection (2)(b) of that section, and

b

the court is satisfied, on an application made by the landlord, that on the relevant date the tenant had no right under this Chapter to acquire a new lease of his flat,

the court shall by order make a declaration to that effect.

2

Any application for an order under subsection (1) must be made not later than the end of the period of two months beginning with the date of the giving of the counter-notice to the tenant; and if, in a case falling within paragraph (a) of that subsection, either—

a

no application for such an order is made by the landlord within that period, or

b

such an application is so made but is subsequently withdrawn,

section 49 shall apply as if the landlord had not given the counter-notice.

3

If on any such application the court makes such a declaration as is mentioned in subsection (1), the tenant’s notice shall cease to have effect on the order becoming final.

4

If, however, any such application is dismissed by the court, then (subject to subsection (5)) the court shall make an order—

a

declaring that the landlord’s counter-notice shall be of no effect, and

b

requiring the landlord to give a further counter-notice to the tenant by such date as is specified in the order.

5

Subsection (4) shall not apply if—

a

the counter-notice complies with the requirement set out in section 45(2)(c), and

b

either—

i

an application for an order under section 47(1) is pending, or

ii

the period specified in section 47(3) as the period for the making of such an application has not expired.

6

Subsection (3) of section 45 shall apply to any further counter-notice required to be given by the landlord under subsection (4) above as if it were a counter-notice under that section complying with the requirement set out in subsection (2)(a) of that section.