Chapter 3E+WNew leases for tenants of flats
IntroductoryE+W
129 Amendments of right to acquire new leaseE+W
This Chapter amends the right of tenants of flats to acquire new leases which is conferred by Chapter 2 of Part 1 of the 1993 Act.
Commencement Information
I1S. 129 wholly in force at 1.1.2003; s. 129 not in force at Royal Assent, see s. 181(1); s. 129 in force at 26.7.2002 for E. by S.I. 2002/1912, art. 2(a); s. 129 in force at 1.1.2003 for W. by S.I. 2002/3012, art.2(a)
Qualifying rulesE+W
130 Replacement of residence testE+W
(1)Section 39 of the 1993 Act (the right) is amended as follows.
(2)In subsection (2)(a) (requirement that tenant is qualifying tenant of flat on the relevant date), for “is” substitute “ has for the last two years been ”.
(3)Omit subsections (2)(b), (2A) and (2B) (requirement that tenant has occupied flat as only or principal home for three years).
Commencement Information
I2S. 130 wholly in force at 1.1.2003; s. 130 not in force at Royal Assent, see s. 181(1); s. 130 in force at 26.7.2002 for E. by S.I. 2002/1912, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2); s. 130 in force at 1.1.2003 for W. by S.I. 2002/3012, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2)
131 Qualifying leasesE+W
In section 39(3) of the 1993 Act (which applies for the purposes of Chapter 2 of Part 1 of the 1993 Act the definition of qualifying tenant in Chapter 1 of that Part), omit paragraphs (c) and (d) (leases at a low rent and leases for a particularly long term).
Commencement Information
I3S. 131 wholly in force at 1.1.2003; s. 131 not in force at Royal Assent, see s. 181(1); s. 131 in force at 26.7.2002 for E. by S.I. 2002/1912, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2); s. 131 in force at 1.1.2003 for W. by S.I. 2002/3012, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2)
132 Personal representativesE+W
(1)In section 39 of the 1993 Act, after subsection (3) insert—
“(3A)On the death of a person who has for the two years before his death been a qualifying tenant of a flat, the right conferred by this Chapter is exercisable, subject to and in accordance with this Chapter, by his personal representatives; and, accordingly, in such a case references in this Chapter to the tenant shall, in so far as the context permits, be to the personal representatives.”
(2)In section 42 of the 1993 Act (notice by qualifying tenant of claim to exercise right), before subsection (5) insert—
“(4A)A notice under this section may not be given by the personal representatives of a tenant later than two years after the grant of probate or letters of administration.”
Commencement Information
I4S. 132 wholly in force at 1.1.2003; s. 132 not in force at Royal Assent, see s. 181(1); s. 132 in force at 26.7.2002 for E. by S.I. 2002/1912, art. 2(a); s. 132 in force at 1.1.2003 for W. by S.I. 2002/3012, art.2(a)
133 Crown leasesE+W
In section 94 of the 1993 Act (Crown land), for subsection (2) substitute—
“(2)Chapter 2 applies as against a landlord under a lease from the Crown if—
(a)a sub-tenant is seeking a new lease under that Chapter and the landlord, or a superior landlord under a lease from the Crown, is entitled to grant such a new lease without the concurrence of the appropriate authority, or
(b)the appropriate authority notifies the landlord that, as regards any Crown interest affected, it will grant or concur in granting such a new lease.”
Commencement Information
I5S. 133 wholly in force at 1.1.2003; s. 133 not in force at Royal Assent, see s. 181(1); s. 133 in force at 26.7.2002 for E. by S.I. 2002/1912, art. 2(a); s. 133 in force at 1.1.2003 for W. by S.I. 2002/3012, art.2(a)
Purchase priceE+W
134 Valuation dateE+W
In Schedule 13 to the 1993 Act (premium and other amounts payable by tenant on grant of new lease), for “the valuation date” (in each place) substitute “ the relevant date ”.
Commencement Information
I6S. 134 wholly in force at 1.1.2003; s. 134 not in force at Royal Assent, see s. 181(1); s. 134 in force at 26.7.2002 for E. by S.I. 2002/1912, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2); s. 134 in force at 1.1.2003 for W. by S.I. 2002/3012, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2)
135 Landlord’s share of marriage valueE+W
In paragraph 4(1) of Schedule 13 to the 1993 Act (landlord’s share of marriage value), for the words after “landlord’s share of the marriage value is” substitute “ 50 per cent. of that amount ”.
Commencement Information
I7S. 135 wholly in force at 1.1.2003; s. 135 not in force at Royal Assent, see s. 181(1); s. 135 in force at 26.7.2002 for E. by S.I. 2002/1912, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2); s. 135 in force at 1.1.2003 for W. by S.I. 2002/3012, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2)
136 Disregard of marriage value in case of very long leasesE+W
(1)Paragraph 4 of Schedule 13 to the 1993 Act (meaning of marriage value) is amended as follows.
(2)In sub-paragraph (2), insert at the beginning “ Subject to sub-paragraph (2A), ”.
(3)After that sub-paragraph insert—
“(2A)Where at the relevant date the unexpired term of the tenant’s existing lease exceeds eighty years, the marriage value shall be taken to be nil.”
Commencement Information
I8S. 136 wholly in force at 1.1.2003; s. 136 not in force at Royal Assent, see s. 181(1); s. 136 in force at 26.7.2002 for E. by S.I. 2002/1912, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2); s. 136 in force at 1.1.2003 for W. by S.I. 2002/3012, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2)