Part 2Leasehold reform
Chapter 5Other provisions about leases
Variation of leases
I1162 Grounds for application by party to lease
1
Section 35 of the 1987 Act (application by party to lease for variation of lease) is amended as follows.
2
In subsection (2) (grounds for application), for paragraph (b) substitute—
b
the insurance of the building containing the flat or of any such land or building as is mentioned in paragraph (a)(iii);
3
After paragraph (f) of that subsection insert—
g
such other matters as may be prescribed by regulations made by the Secretary of State.
4
After subsection (3) insert—
3A
For the purposes of subsection (2)(e) the factors for determining, in relation to a service charge payable under a lease, whether the lease makes satisfactory provision include whether it makes provision for an amount to be payable (by way of interest or otherwise) in respect of a failure to pay the service charge by the due date.
5
In section 53(2)(b) of the 1987 Act (regulations subject to negative Parliamentary procedure), after “section 20(4)” insert “
or 35(2)(g)
”
.
I2163 Transfer of jurisdiction of court to tribunal
1
Part 4 of the 1987 Act (variation of leases) is amended as follows.
2
In section 35 (application by party to lease for variation of lease)—
a
in subsection (1), for “the court” substitute “
a leasehold valuation tribunal
”
, and
b
in subsection (5), for “Rules of court” substitute “
Procedure regulations under Schedule 12 to the Commonhold and Leasehold Reform Act 2002
”
.
3
In section 36(1)
(application by respondent for variation of other leases), for “court” substitute “
tribunal
”
.
4
In section 37(1)
(application by majority of parties for variation of leases), for “the court” substitute “
a leasehold valuation tribunal
”
.
5
In section 38 (orders varying leases)—
a
in subsections (1) to (5), for “court”
(in each place) substitute “
tribunal
”
,
b
in subsection (6)—
i
for “The court” substitute “
A tribunal
”
, and
ii
for “the court” substitute “
the tribunal
”
,
c
in subsections (7) to (9), for “The court” substitute “
A tribunal
”
, and
d
in subsection (10)—
i
for “the court”, in the first place, substitute “
a tribunal
”
, and
ii
for “the court”, in the other two places, substitute “
the tribunal
”
.
6
In section 39 (applications by third parties for orders varying leases)—
a
in subsection (3)(b), for “the court” substitute “
a leasehold valuation tribunal
”
,
b
in subsection (4), for “The court” substitute “
A tribunal
”
, and
c
in subsection (5)(b), for “court” substitute “
tribunal
”
.
7
In section 40(1)
(variation of insurance provisions of dwelling other than flat), for “the court” substitute “
a leasehold valuation tribunal
”
.
8
In consequence of the preceding provisions, in section 52(2)(a) of the 1987 Act (jurisdiction of county courts), for “, 3 and 4” substitute “
and 3
”
.