Leasehold Reform, Housing and Urban Development Act 1993

by a person or persons appointed by them for the purpose, and

at a price determined in accordance with this Chapter;

the qualifying tenants by whom the right is exercised shall be entitled, subject to and in accordance with this Chapter, to have acquired, in like manner, the freehold of any property which is not comprised in the relevant premises but to which this paragraph applies by virtue of subsection (3); and

section 2 has effect with respect to the acquisition of leasehold interests to which paragraph (a) or (b) of subsection (1) of that section applies.

it is appurtenant property which is demised by the lease held by a qualifying tenant of a flat contained in the relevant premises; or

it is property which any such tenant is entitled under the terms of the lease of his flat to use in common with the occupiers of other premises (whether those premises are contained in the relevant premises or not).

there is acquired from the freeholder the freehold of any other property over which any such permanent rights may be granted.

the owner of the interest requires the minerals to be excepted, and

proper provision is made for the support of the property as it is enjoyed on the relevant date.

there shall be acquired on behalf of the qualifying tenants by whom the right is exercised every interest to which this paragraph applies by virtue of subsection (2); and

those tenants shall be entitled to have acquired on their behalf any interest to which this paragraph applies by virtue of subsection (3);

any common parts of the relevant premises, or

any property falling within section 1(2)(a) which is to be acquired by virtue of that provision,

a flat contained in the relevant premises which is held by a qualifying tenant,

any common parts of those premises, or

any such property as is mentioned in subsection (3)(b),

the condition specified in subsection (6) is satisfied, and

the lease of the qualifying tenant is directly derived out of a lease under which the tenant is a public sector landlord,

the qualifying tenant is the immediate landlord under the secure tenancy, or

he is the landlord under a lease which is superior to the secure tenancy and the tenant under that lease, and the tenant under every lease (if any) intermediate between it and the secure tenancy, is also a public sector landlord;

they consist of a self-contained building or part of a building and the freehold of the whole of the building or of that part of the building is owned by the same person;

they contain two or more flats held by qualifying tenants; and

the total number of flats held by such tenants is not less than two-thirds of the total number of flats contained in the premises.

it constitutes a vertical division of the building and the structure of the building is such that that part could be redeveloped independently of the remainder of the building; and

the internal floor area of that part or of those parts (taken together) exceeds 10 per cent. of the internal floor area of the premises (taken as a whole).

the lease is a business lease; or

the immediate landlord under the lease is a charitable housing trust and the flat forms part of the housing accommodation provided by it in the pursuit of its charitable purposes; or

the lease was granted by sub-demise out of a superior lease other than a long lease at a low rent, the grant was made in breach of the terms of the superior lease, and there has been no waiver of the breach by the superior landlord;

where a flat is for the time being let under two or more leases to which subsection (1) applies, any tenant under any of those leases which is superior to that held by any other such tenant shall not be a qualifying tenant of the flat for the purposes of this Chapter; and

where a flat is for the time being let to joint tenants under a lease to which subsection (1) applies, the joint tenants shall (subject to paragraph (a) and subsection (5)) be regarded for the purposes of this Chapter as jointly constituting the qualifying tenant of the flat.

a person would be regarded for the purposes of this Chapter as being (or as being among those constituting) the qualifying tenant of a flat contained in any particular premises consisting of the whole or part of a building, but

that person would also be regarded for those purposes as being (or as being among those constituting) the qualifying tenant of each of two or more other flats contained in those premises,

for the last twelve months, or

for periods amounting to three years in the last ten years,

any reference to the tenant’s flat includes a reference to part of it; and

it is immaterial whether at any particular time the tenant’s occupation was in right of the lease by virtue of which he is a qualifying tenant or in right of some other lease or otherwise;

the condition specified in subsection (2) need only be satisfied with respect to one of the joint tenants; and

subsection (3) shall apply accordingly (the reference to the lease by virtue of which the tenant is a qualifying tenant being read for this purpose as a reference to the lease by virtue of which the joint tenants are a qualifying tenant).

a lease granted for a term of years certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by or to the tenant or by re-entry, forfeiture or otherwise;

a lease for a term fixed by law under a grant with a covenant or obligation for perpetual renewal (other than a lease by sub-demise from one which is not a long lease) or a lease taking effect under section 149(6) of the M4Law of Property Act 1925 (leases terminable after a death or marriage);

a lease granted in pursuance of the right to buy conferred by Part V of the M5Housing Act 1985 or in pursuance of the right to acquire on rent to mortgage terms conferred by that Part of that Act; or

a shared ownership lease, whether granted in pursuance of that Part of that Act or otherwise, where the tenant’s total share is 100 per cent.

the notice is capable of being given at any time after the death or marriage of the tenant;

the length of the notice is not more than three months; and

a lease is or has been granted for a term of years certain not exceeding 21 years, but with a covenant or obligation for renewal without payment of a premium (but not for perpetual renewal), and

the lease is or has been renewed on one or more occasions so as to bring to more than 21 years the total of the terms granted (including any interval between the end of a lease and the grant of a renewal),

any period during which the lease is or was continued under Part I of the M6Landlord and Tenant Act 1954 or under Schedule 10 to the M7Local Government and Housing Act 1989;

any period during which the lease was continued under the M8Leasehold Property (Temporary Provisions) Act 1951.

where the lease was entered into before 1st April 1963, two-thirds of the letting value of the flat (on the same terms) on the date of the commencement of the lease;

in any other case, £1,000 if the flat is in Greater London or £250 if elsewhere.

“the initial year”, in relation to any lease, means the period of one year beginning with the date of the commencement of the lease;

“the appropriate date” means the date of the commencement of the lease or, if the flat in question did not have a rateable value on that date, the date on which the flat first had a rateable value;

section 25(1), (2) and (4) of the M9Rent Act 1977 (rateable value etc.) shall apply, with any necessary modifications, for the purpose of determining the amount of the rateable value of a flat on a particular date;

“rent” means rent reserved as such, and there shall be disregarded any part of the rent expressed to be payable in consideration of services to be provided, or of repairs, maintenance or insurance to be effected by the landlord, or to be payable in respect of the cost thereof to the landlord under the lease or a superior landlord; and

there shall be disregarded any term of the lease providing for suspension or reduction of rent in the event of damage to property demised, or for any penal addition to the rent in the event of a contravention of or non-compliance with the terms of the lease or an agreement collateral thereto.

the lease shall be deemed to have been entered into on the date of the last renewal of the lease; and

that date shall be deemed to be the date of the commencement of the lease.

the freehold of the premises, or

any other interests of the person who owns the freehold of the premises,

the reversioner in respect of the premises shall for the purposes of this Chapter be the person identified as such by Part I of Schedule 1 to this Act; and

the person who owns the freehold of the premises, and every person who owns any leasehold interest which it is proposed to acquire under or by virtue of section 2(1)(a) or (b), shall be a relevant landlord for those purposes.

the premises are not, and do not form part of, a purpose-built block of flats; and

immediately before the date when the freeholder acquired his interest in the premises the premises were (or, had this Chapter then been in force, would have been) such premises for the purposes of this Chapter; and

the other’s wife or husband; or

a son or daughter or a son-in-law or daughter-in-law of the other, or of the other’s wife or husband, who has attained the age of 18; or

the father or mother of the other, or of the other’s wife or husband;

to his immediate landlord, or

to any person receiving rent on behalf of his immediate landlord,

any leasehold interest in the relevant premises or in any such property which is superior to that of the tenant’s immediate landlord.

a tenant of the whole of the relevant premises, or

a tenant or licensee of any separate set or sets of premises contained in the relevant premises, or

a right, on giving reasonable notice, to be provided with a list of documents to which subsection (6) applies;

a right to inspect, at any reasonable time and on giving reasonable notice, any documents to which that subsection applies; and

a right, on payment of a reasonable fee, to be provided with a copy of any documents which are contained in any list provided under paragraph (a) or have been inspected under paragraph (b).

sight of which is reasonably required by the qualifying tenant in connection with the making of such a claim as is mentioned in that subsection; and

which, on a proposed sale by a willing seller to a willing buyer of the recipient’s interest in the relevant premises or (as the case may be) in any such property as is mentioned in subsection (3)(c), the seller would be expected to make available to the buyer (whether at or before contract or completion).

is required by a notice under any of subsections (1) to (4) to give any information to a qualifying tenant, or

is required by a qualifying tenant under subsection (5) to supply any list of documents, to permit the inspection of any documents or to supply a copy of any documents,

a person has received a notice under subsection (4), and

the information specified in subsection (2) below; and

(so far as known to the recipient) the information specified in subsection (3) below.

if so, the date on which the notice under section 13 was given and the name and address of the nominee purchaser for the time being appointed for the purposes of section 15 in relation to that claim.

whether the tenant’s flat is comprised in any property in the case of which any of paragraphs (a) to (d) of section 31(2) is applicable; and

if paragraph (b) or (d) of that provision is applicable, the date of the application in question.

the tenant is not one of the qualifying tenants by whom the notice under section 13 is given,

the recipient of a notice given by a tenant under section 11(4) has, in accordance with subsection (1) above, informed the tenant of any such application as is referred to in subsection (3)(b) above; and

within the period of six months beginning with the date of receipt of the notice, the application is either granted or refused by the Commissioners of Inland Revenue or is withdrawn by the applicant,

that notice continues in force in accordance with section 13(11), or

a binding contract entered into in pursuance of that notice remains in force, or

where an order has been made under section 24(4)(a) or (b) or 25(6)(a) or (b) with respect to any such premises as are referred to in subsection (2)(a) above, any interests which by virtue of the order fall to be vested in the nominee purchaser have yet to be so vested.

must be given to the reversioner in respect of those premises; and

contain a statement of the grounds on which it is claimed that the specified premises are, on the relevant date, premises to which this Chapter applies;

state the full name or names of the person or persons appointed as the nominee purchaser for the purposes of section 15, and an address in England and Wales at which notices may be given to that person or those persons under this Chapter; and

specify the date by which the reversioner must respond to the notice by giving a counter-notice under section 21.

the freehold interest in the specified premises,

the freehold interest in any property specified under subsection (3)(a)(ii), and

any leasehold interest specified under subsection (3)(c)(i),

he is a fellow or professional associate of the Royal Institution of Chartered Surveyors or of the Incorporated Society of Valuers and Auctioneers or satisfies such other requirement or requirements as may be prescribed by regulations made by the Secretary of State; and

he is reasonably believed by the qualifying tenants to have ability in, and experience of, the valuation of premises of the particular kind, and in the particular area, in question;

that notice has been withdrawn, or is deemed to have been withdrawn, under or by virtue of any provision of this Chapter or under section 74(3), or

in response to that notice, an order has been applied for and obtained under section 23(1),

until a binding contract is entered into in pursuance of the notice, or an order is made under section 24(4)(a) or (b) or 25(6)(a) or (b) providing for the vesting of interests in the nominee purchaser;

if the notice is withdrawn or deemed to have been withdrawn under or by virtue of any provision of this Chapter or under section 74(3), until the date of the withdrawal or deemed withdrawal, or

until such other time as the notice ceases to have effect by virtue of any provision of this Chapter.

the premises specified in the initial notice under subsection (3)(a)(i), or

if it is subsequently agreed or determined under this Chapter that any less extensive premises should be acquired in pursuance of the notice in satisfaction of the claim, those premises;

in relation to the relevant date, the qualifying tenants by whom the initial notice is given; and

in relation to any time falling after that date, such of those qualifying tenants as for the time being remain qualifying tenants of flats contained in the specified premises.

of the assignment, and

as to whether or not the assignee is electing to participate in the proposed acquisition.

is not one of the persons by whom the initial notice was given, and

is not such an assignee of the lease of a participating tenant as is mentioned in subsection (2),

as from the date of the assignment or agreement referred to in that subsection; and

so long as he remains a qualifying tenant of a flat contained in the specified premises.

with such modifications as are necessary for substituting the assignee or (as the case may be) the personal representatives as a party to the arrangements in the place of the tenant; or

in the case of an assignment by a person who remains a qualifying tenant of a flat contained in the specified premises, with such modifications as are necessary for adding the assignee as a party to the arrangements.

give a notice under subsection (8) to the reversioner in respect of the specified premises, and

give a copy of that notice to every other relevant landlord.

in the case of a notification under subsection (3), the name and address of the person who has become a participating tenant in accordance with subsection (4); and

shall identify the flat with respect to which it is given; and

if it states that any person or persons is or are to be regarded as a participating tenant, shall be signed by the person or persons in question.

to a trustee in bankruptcy, or

to a mortgagee under section 89(2) of the M12Law of Property Act 1925 (foreclosure of leasehold mortgage),

to the person whose appointment is being terminated, and

to the reversioner in respect of the specified premises.

specify the name or names of the person or persons constituting the nominee purchaser as from the date of the giving of the notice, and an address in England and Wales at which notices may be given to that person or those persons under this Chapter; or

at any such time he is requested by the nominee purchaser for the time being to supply to the nominee purchaser, at an address in England and Wales specified in the request, all or any documents in his custody or under his control that relate to that acquisition, and

he fails without reasonable cause to comply with any such request or is guilty of any unreasonable delay in complying with it,

two or more persons together constitute the nominee purchaser, and

the appointment of any (but not both or all) of them is terminated in accordance with this section without any person being appointed by way of immediate replacement,

the circumstances are as mentioned in subsection (9)(a) and (b), but

the particulars specified in subsection (5)(b) are not notified to the reversioner within the period of 28 days specified in that provision,

to each of the participating tenants; and

to the reversioner in respect of the specified premises.

the name or names of the person or persons for the time being constituting the nominee purchaser,

if falling after that date, the date of appointment of that person or of each of those persons, and

an address in England and Wales at which notices may be given to that person or those persons under this Chapter;

the name or names of the person or persons for the time being constituting the nominee purchaser,

if falling after that date, the date of appointment of that person or of each of those persons, and

an address in England and Wales at which notices may be given to that person or those persons under this Chapter;

the circumstances are as mentioned in subsection (7)(a) and (b), but

the participating tenants fail to give a notice under subsection (3) or (as the case may be) subsection (5) within the period of 56 days specified in that subsection,

any part of the specified premises, or

any part of any property specified in the notice under section 13(3)(a)(ii),

any part of the specified premises, or

any part of any property specified in the notice under section 13(3)(a)(ii),

there subsists between the nominee purchaser and a person other than a participating tenant any agreement (of whatever nature) providing for the disposal of a relevant interest, or

if the nominee purchaser is a company, any person other than a participating tenant holds any share in that company by virtue of which a relevant interest may be acquired,

the nominee purchaser is required to give any notification under subsection (1) but fails to do so before the price payable to the reversioner or any other relevant landlord in respect of the acquisition of any interest of his by the nominee purchaser is determined for the purposes of Schedule 6, and

it may reasonably be assumed that, had the nominee purchaser given the notification, it would have resulted in the price so determined being increased by an amount referable to the existence of any agreement or shareholding falling within subsection (1)(a) or (b),

no other relevant landlord shall grant out of his interest in the specified premises or in any property so specified any such lease as is mentioned in paragraph (a)(ii);

the person who owns the freehold of the specified premises disposes of his interest in those premises or in any property specified in the notice under section 13(3)(a)(ii), or

any other relevant landlord disposes of any interest of his specified in the notice under section 13(3)(c)(i),

had become its owner before the initial notice was given (and was accordingly a relevant landlord in place of the person making the disposal), and

had been given any notice or copy of a notice given under this Chapter to that person, and

had taken all steps which that person had taken;

by the person who owns the freehold of the specified premises, or

by any other relevant landlord,

the operation of a contract has been suspended under subsection (4) (“the suspended contract”), and

a binding contract is entered into in pursuance of the initial notice,

the nominee purchaser fails to comply with a requirement under subsection (1) in the case of any person within the period mentioned in subsection (2), and

state that the reversioner admits that the participating tenants were on the relevant date entitled to exercise the right to collective enfranchisement in relation to the specified premises;

state that, for such reasons as are specified in the counter-notice, the reversioner does not admit that the participating tenants were so entitled;

contain such a statement as is mentioned in paragraph (a) or (b) above but state that an application for an order under subsection (1) of section 23 is to be made by such appropriate landlord (within the meaning of that section) as is specified in the counter-notice, on the grounds that he intends to redevelop the whole or a substantial part of the specified premises.

state which interests (if any) the nominee purchaser is to be required to acquire in accordance with subsection (4) below;

include a description of any provisions which the reversioner or any other relevant landlord considers should be included in any conveyance to the nominee purchaser in accordance with section 34 and Schedule 7.

would for all practical purposes cease to be of use and benefit to him, or

would cease to be capable of being reasonably managed or maintained by him,

in respect of flats or other units in relation to which Part II of that Schedule is applicable but which were not specified in the initial notice under section 13(3)(c)(ii), or

in respect of flats or other units in relation to which Part III of that Schedule is applicable.

the reversioner in respect of the specified premises has given the nominee purchaser a counter-notice under section 21 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, but

the court is satisfied, on an application made by the nominee purchaser, that the participating tenants were on the relevant date entitled to exercise the right to collective enfranchisement in relation to the specified premises,

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

requiring the reversioner to give a further counter-notice to the nominee purchaser by such date as is specified in the order.

the counter-notice complies with the requirement set out in section 21(2)(c), and

that not less than two-thirds of all the long leases on which flats contained in the specified premises are held are due to terminate within the period of five years beginning with the relevant date; and

that he could not reasonably do so without obtaining possession of the flats demised by those leases.

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

requiring the reversioner to give a further counter-notice to the nominee purchaser by such date as is specified in the order.

the reversioner has given such a counter-notice as is mentioned in subsection (1), but

if subsection (6)(b)(i) applies, the date immediately following the end of the period referred to in subsection (3); and

if subsection (6)(b)(ii) applies, the date of withdrawal of the application.

the reversioner or any other relevant landlord; or

any two or more persons falling within paragraph (a) who are acting together.

a counter-notice under section 21 complying with the requirement set out in subsection (2)(a) of that section, or

a further counter-notice required by or by virtue of section 22(3) or section 23(5) or (6),

the reversioner has given the nominee purchaser such a counter-notice or further counter-notice as is mentioned in subsection (1)(a) or (b), and

all of the terms of acquisition have been either agreed between the parties or determined by a leasehold valuation tribunal under subsection (1),

providing for the interests to be acquired by the nominee purchaser to be vested in him on the terms referred to in subsection (3);

providing for the initial notice to be deemed to have been withdrawn at the end of the appropriate period specified in subsection (6);

where all of the terms of acquisition have been agreed between the parties, the period of two months beginning with the date when those terms were finally so agreed;

the interests to be acquired,

the extent of the property to which those interests relate or the rights to be granted over any property,

the amounts payable as the purchase price for such interests,

the apportionment of conditions or other matters in connection with the severance of any reversionary interest, or

the provisions to be contained in any conveyance,

the reversioner has failed to give the nominee purchaser a counter-notice in accordance with section 21(1), or

if required to give the nominee purchaser a further counter-notice by or by virtue of section 22(3) or section 23(5) or (6), the reversioner has failed to comply with that requirement,

that the participating tenants were on the relevant date entitled to exercise the right to collective enfranchisement in relation to the specified premises; and

if applicable, that the requirements of Part II of Schedule 3 were complied with as respects the giving of copies of the initial notice.

the terms of acquisition have been determined by an order of the court under subsection (1), but

a binding contract incorporating those terms has not been entered into by the end of the appropriate period specified in subsection (8),

providing for the interests to be acquired by the nominee purchaser to be vested in him on the terms referred to in subsection (5);

providing for the initial notice to be deemed to have been withdrawn at the end of the appropriate period specified in subsection (8);

the period of two months beginning with the date when the order of the court under subsection (1) becomes final, or

such other period as may have been fixed by the court when making that order.

not less than two-thirds of the qualifying tenants of flats contained in any premises to which this Chapter applies desire to make a claim to exercise the right to collective enfranchisement in relation to those premises, and

paragraph (b) of subsection (1) does not apply, but

a notice of that claim or (as the case may be) a copy of such a notice cannot be given in accordance with section 13 or Part II of Schedule 3 to any person to whom it would otherwise be required to be so given because he cannot be found or his identity cannot be ascertained,

that on the date of the making of the application the premises to which the application relates were premises to which this Chapter applies; and

that on that date the applicants would not have been precluded by any provision of this Chapter from giving a valid notice under section 13 with respect to those premises.

the rights and obligations of all parties shall be determined as if the applicants had, at the date of the application, duly given notice under section 13 of their claim to exercise the right to collective enfranchisement in relation to the premises to which the application relates; and

the court may give such directions as the court thinks fit as to the steps to be taken for giving effect to those rights and obligations, including directions modifying or dispensing with any of the requirements of this Chapter or of regulations made under this Part.

with the consent of every person who is the owner of any interest the vesting of which is sought by the applicants, or

by leave of the court,

a notice is subsequently given under that section with respect to those premises, and

in reliance on the order, the notice or a copy of the notice is not to be given to that person,

for requiring notice of any application under subsection (3) to be served by the persons making the application on any person who the applicants know or have reason to believe is a relevant landlord; and

for enabling persons served with any such notice to be joined as parties to the proceedings.

in such person or persons as may be appointed for the purpose by the applicants for the order, and

on such terms as may be determined by a leasehold valuation tribunal to be appropriate with a view to the interests being vested in that person or those persons in like manner (so far as the circumstances permit) as if the applicants had, at the date of their application, given notice under section 13 of their claim to exercise the right to collective enfranchisement in relation to the premises with respect to which the order is made.

is in a form approved by a leasehold valuation tribunal, and

contains such provisions as may be so approved for the purpose of giving effect so far as possible to the requirements of section 34 and Schedule 7;

such amount as may be determined by a leasehold valuation tribunal to be the price which would be payable in respect of that interest in accordance with Schedule 6 if the interest were being acquired in pursuance of such a notice as is mentioned in subsection (1)(b); and

any amounts or estimated amounts determined by such a tribunal as being, at the time of execution of the conveyance, due to the transferor from any tenants of his of premises comprised in the premises in which that interest subsists (whether due under or in respect of their leases or under or in respect of agreements collateral thereto).

to the nominee purchaser;

to the reversioner in respect of the specified premises; and

to every other relevant landlord who is known or believed by the participating tenants to have given to the nominee purchaser a notice under paragraph 7(1) or (4) of Schedule 1;

has given to the nominee purchaser such a notice as is mentioned in subsection (2)(c); and

is not stated in the notice of withdrawal to be a recipient of it.

the lease in respect of which he was a participating tenant has been assigned to another person; and

that other person has become a participating tenant in accordance with section 14(4);

it shall be a joint and several liability of the persons concerned; and

the nominee purchaser shall not be liable for any costs under section 33.

in a case to which subsection (1) of section 24 applies, no application under that subsection is made within the period specified in subsection (2) of that section, or

in a case to which subsection (3) of that section applies, no application for an order under subsection (4) of that section is made within the period specified in subsection (5) of that section,

section 15(10),

section 16(8),

section 20(3),

section 24(4)(c), and

section 25(6)(c),

the liability for costs arising by virtue of subsection (6) above shall be a joint and several liability of the persons concerned; and

the nominee purchaser shall not be liable for any costs under section 33.

the notice to treat or contract remains in force.

the person who owns the freehold of the premises; or

any other person who owns any leasehold interest in the premises which is specified in the initial notice under section 13(3)(c)(i).

the notice to treat or contract remains in force.

(if subsection (4) applies) subject to and with the benefit of the rights and obligations arising from the initial notice and affecting that interest; or

(if subsection (5) applies) subject to and with the benefit of the rights and obligations arising from the contract and affecting that interest.

“acquiring authority”, in relation to the specified premises or any other property, means any person or body of persons who has or have been, or could be, authorised to acquire the whole or part of those premises or that property compulsorily for any purpose; and

“authorised purpose”, in relation to any acquiring authority, means any such purpose.

the specified premises, or

any property specified in the notice under section 13(3)(a)(ii),

it has been designated under section 31(1)(b), (c) or (d) of the M13Inheritance Tax Act 1984 (designation and undertakings relating to conditionally exempt transfers), whether with or without any other property, and no chargeable event has subsequently occurred with respect to it; or

an application to the Board for it to be so designated is pending; or

it is the property of a body not established or conducted for profit and a direction has been given in relation to it under section 26 of that Act (gifts for public benefit), whether with or without any other property; or

an application to the Board for a direction to be so given in relation to it is pending.

the specified premises, or

any property specified in the notice under section 13(3)(a)(ii),

the nominee purchaser shall not be liable for any costs under section 33; and

paragraphs (a) and (b) apply to designation under section 34(1)(a), (b) or (c) of the M14Finance Act 1975 or section 77(1)(b), (c) or (d) of the M15Finance Act 1976 as they apply to designation under section 31(1)(b), (c) or (d) of the M16Inheritance Tax Act 1984; and

paragraphs (c) and (d) apply to a direction under paragraph 13 of Schedule 6 to the Finance Act 1975 as they apply to a direction under section 26 of that Act of 1984.

to any amounts which, at the time of the conveyance of that interest, are due to him from any tenants of his of premises comprised in the premises in which that interest subsists (whether due under or in respect of their leases or under or in respect of agreements collateral thereto); and

to any amount payable to him by virtue of section 18(2); and

to any costs payable to him by virtue of section 33.

deducing, evidencing and verifying the title to any such interest;

making out and furnishing such abstracts and copies as the nominee purchaser may require;

any valuation of any interest in the specified premises or other property;

any conveyance of any such interest;

as if, where the interest conveyed is settled land for the purposes of the M19Settled Land Act 1925, the conveyance were made under the powers of that Act, and

as if the requirements of section 2(1) as to payment of the capital money allowed any part of the purchase price paid or applied in accordance with section 35 below or Schedule 8 to this Act to be so paid or applied.

rentcharges, and

(subject to subsection (5)) personal liabilities attaching in respect of the ownership of land or an interest in land though not charged on that land or interest.

rentcharges redeemable under sections 8 to 10 of the M20Rentcharges Act 1977, and

those falling within paragraphs (c) and (d) of section 2(3) of that Act (estate rentcharges and rentcharges imposed under certain enactments),

shall be charged exclusively on other land affected by it in exoneration of the relevant land, or

shall be apportioned between other land affected by it and the relevant land.

as respects the conveyance of any freehold interest, conform with the provisions of Schedule 7, and

as respects the conveyance of any leasehold interest, conform with the provisions of paragraph 2 of that Schedule (any reference in that paragraph to the freeholder being read as a reference to the person whose leasehold interest is to be conveyed).

to discharge the interest from the mortgage, and from the operation of any order made by a court for the enforcement of the mortgage, and

to extinguish any term of years created for the purposes of the mortgage,

is a mortgage to secure the payment of money or the performance of any other obligation by the person from whom the interest is so acquired or any other person; and

is not a mortgage which would be overreached apart from this section.

the tenant is a qualifying tenant of the flat; and

section 5 (with the omission of subsections (5) and (6)),

section 7, and

section 8,

any reference to the tenant’s flat includes a reference to part of it; and

it is immaterial whether at any particular time the tenant’s occupation was in right of the lease by virtue of which he is a qualifying tenant or in right of some other lease or otherwise;

the condition in subsection (2)(b) need only be satisfied with respect to one of the joint tenants; and

subsection (5) shall apply accordingly (the reference to the lease by virtue of which the tenant is a qualifying tenant being read for this purpose as a reference to the lease by virtue of which the joint tenants are a qualifying tenant).

the landlord requires the minerals to be excepted, and

proper provision is made for the support of the premises demised by that existing lease as they are enjoyed on the relevant date.

it is an interest in reversion expectant (whether immediately or not) on the termination of the tenant’s lease, and

it is either a freehold interest or a leasehold interest whose duration is such as to enable that person to grant a new lease of that flat in accordance with this Chapter,

“the tenant” means any such qualifying tenant as is referred to in subsection (2) and “the tenant’s lease” means the lease by virtue of which he is a qualifying tenant;

“the competent landlord” means the person who, in relation to the tenant’s lease, is the landlord (as defined by subsection (1)) for the purposes of this Chapter;

“other landlord” means any person (other than the tenant or a trustee for him) in whom there is vested a concurrent tenancy intermediate between the interest of the competent landlord and the tenant’s lease.

to his immediate landlord, or

to any person receiving rent on behalf of his immediate landlord,

the name and address of the person who owns the freehold interest in the flat;

the duration of the leasehold interest in the flat of the tenant’s immediate landlord and the extent of the premises in which it subsists; and

the name and address of every person who has a leasehold interest in the flat which is superior to that of the tenant’s immediate landlord, the duration of any such interest and the extent of the premises in which it subsists.

give to the person who is the owner of that interest a notice requiring him to give the tenant such information as is mentioned in paragraph (c) of subsection (2) (so far as known to that person);

if so, the date on which the notice under section 13 was given and the name and address of the nominee purchaser for the time being appointed for the purposes of section 15 in relation to that claim.

“the relevant claim under Chapter I”, in relation to a notice under section 13, means the claim in respect of which that notice is given; and

to the landlord, and

to any third party to the tenant’s lease.

state the full name of the tenant and the address of the flat in respect of which he claims a new lease under this Chapter;

specify the premium which the tenant proposes to pay in respect of the grant of a new lease under this Chapter and, where any other amount will be payable by him in accordance with any provision of Schedule 13, the amount which he proposes to pay in accordance with that provision;

specify the terms which the tenant proposes should be contained in any such lease;

state the name of the person (if any) appointed by the tenant to act for him in connection with his claim, and an address in England and Wales at which notices may be given to any such person under this Chapter; and

specify the date by which the landlord must respond to the notice by giving a counter-notice under section 45.

that notice has been withdrawn, or is deemed to have been withdrawn, under or by virtue of any provision of this Chapter, or

in response to that notice, an order has been applied for and obtained under section 47(1),

until a new lease is granted in pursuance of the notice;

if the notice is withdrawn, or is deemed to have been withdrawn, under or by virtue of any provision of this Chapter, until the date of the withdrawal or deemed withdrawal; or

until such other time as the notice ceases to have effect by virtue of any provision of this Chapter;

to the landlord for the purposes of this Chapter, or

to any other landlord (as defined by section 40(4)),

state that the landlord admits that the tenant had on the relevant date the right to acquire a new lease of his flat;

state that, for such reasons as are specified in the counter-notice, the landlord does not admit that the tenant had such a right on that date;

contain such a statement as is mentioned in paragraph (a) or (b) above but state that the landlord intends to make an application for an order under section 47(1) on the grounds that he intends to redevelop any premises in which the flat is contained.

state which (if any) of the proposals contained in the tenant’s notice are accepted by the landlord and which (if any) of those proposals are not so accepted; and

specify, in relation to each proposal which is not accepted, the landlord’s counter-proposal.

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

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,

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

such an application is so made but is subsequently withdrawn,

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

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

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

that the tenant’s lease of his flat is due to terminate within the period of five years beginning with the relevant date; and

that he could not reasonably do so without obtaining possession of the flat.

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

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

the landlord has given such a counter-notice as is mentioned in subsection (1), but

if subsection (5)(b)(i) applies, the date immediately following the end of the period referred to in subsection (3); and

if subsection (5)(b)(ii) applies, the date of withdrawal of the application.

a counter-notice under section 45 which complies with the requirement set out in subsection (2)(a) of that section, or

a further counter-notice required by or by virtue of section 46(4) or section 47(4) or (5),

the landlord has given the tenant such a counter-notice or further counter-notice as is mentioned in subsection (1)(a) or (b), and

all the terms of acquisition have been either agreed between those persons or determined by a leasehold valuation tribunal under subsection (1),

where all of the terms of acquisition have been agreed between the tenant and the landlord, the period of two months beginning with the date when those terms were finally so agreed; or

the landlord has failed to give the tenant a counter-notice in accordance with section 45(1), or

if required to give a further counter-notice to the tenant by or by virtue of section 46(4) or section 47(4) or (5), the landlord has failed to comply with that requirement,

that on the relevant date the tenant had the right to acquire a new lease of his flat; and

if applicable, that the requirements of Part I of Schedule 11 were complied with as respects the giving of copies of the tenant’s notice.

the terms of acquisition have been determined by an order of the court under this section, but

a new lease has not been entered into in pursuance of the tenant’s notice by the end of the appropriate period specified in subsection (7),

the period of two months beginning with the date when the order of the court under subsection (1) becomes final, or

such other period as may have been fixed by the court when making that order.

a qualifying tenant of a flat desires to make a claim to exercise the right to acquire a new lease of his flat, but

the landlord cannot be found or his identity cannot be ascertained,

a qualifying tenant of a flat desires to make such a claim as is mentioned in subsection (1), and

paragraph (b) of that subsection does not apply, but

a copy of a notice of that claim cannot be given in accordance with Part I of Schedule 11 to any person to whom it would otherwise be required to be so given because that person cannot be found or his identity cannot be ascertained,

that on the date of the making of the application the tenant had the right to acquire a new lease of his flat; and

that on that date he would not have been precluded by any provision of this Chapter from giving a valid notice under section 42 with respect to his flat.

the rights and obligations of all parties shall be determined as if the tenant had, at the date of the application, duly given notice under section 42 of his claim to exercise the right to acquire a new lease of his flat; and

the court may give such directions as the court thinks fit as to the steps to be taken for giving effect to those rights and obligations, including directions modifying or dispensing with any of the requirements of this Chapter or of regulations made under this Part.

with the consent of the landlord, or

by leave of the court,

a notice is subsequently given under that section with respect to that flat, and

in reliance on the order, a copy of the notice is not to be given to that person,

is in a form approved by a leasehold valuation tribunal, and

contains such provisions as may be so approved for the purpose of giving effect so far as possible to section 56(1) and section 57 (as that section applies in accordance with subsections (7) and (8) below);

such amount as may be determined by a leasehold valuation tribunal to be the premium which is payable under Schedule 13 in respect of the grant of the new lease;

such other amount or amounts (if any) as may be determined by such a tribunal to be payable by virtue of that Schedule in connection with the grant of that lease; and

any amounts or estimated amounts determined by such a tribunal as being, at the time of execution of that lease, due to the landlord from the tenant (whether due under or in respect of the tenant’s lease of his flat or under or in respect of any agreement collateral thereto).

sections 57 to 59, and

section 61 and Schedule 14,

to the landlord for the purposes of this Chapter;

to every other landlord (as defined by section 40(4)); and

to any third party to the tenant’s lease.

in a case to which subsection (1) of section 48 applies, no application under that subsection is made within the period specified in subsection (2) of that section, or

in a case to which subsection (3) of that section applies, no application for an order under that subsection is made within the period specified in subsection (5) of that section,

section 43(3),

section 48(4), and

section 49(5),

a notice has been given under section 13 with respect to any premises containing the tenant’s flat, and

the relevant claim under Chapter I is still current,

(if it is suspended by virtue of subsection (1)) not later than the date specified in the tenant’s notice in pursuance of section 42(3)(f); or

(if it is suspended by virtue of subsection (2)) as soon as possible after the date referred to in that subsection;

the operation of the tenant’s notice is suspended by virtue of subsection (1), and

as a result of the relevant claim under Chapter I ceasing to be current, the operation of the tenant’s notice subsequently ceases to be so suspended and the tenant’s notice thereupon continues in force in accordance with section 42(8),

the operation of the tenant’s notice is suspended by virtue of subsection (2), and

its suspension began in circumstances falling within subsection (6), and

as a result of the relevant claim under Chapter I ceasing to be current, the operation of the tenant’s notice subsequently ceases to be so suspended and the tenant’s notice thereupon continues in force in accordance with section 42(8),

before the date specified in the tenant’s notice in pursuance of section 42(3)(f) and before the landlord had given the tenant a counter-notice under section 45; or

the operation of the tenant’s notice is suspended by virtue of subsection (2), and

its suspension began otherwise than in circumstances falling within subsection (6), and

as a result of the relevant claim under Chapter I ceasing to be current, the operation of the tenant’s notice subsequently ceases to be so suspended and the tenant’s notice thereupon continues in force in accordance with section 42(8),

is prescribed by or under this Part for the giving of any notice, or the making of any application, in connection with the tenant’s notice; and

was current at the time when the suspension of the operation of the tenant’s notice began.

“the relevant claim under Chapter I”, in relation to a notice under section 13, means the claim in respect of which that notice is given; and

the notice to treat or contract remains in force.

in substitution for the existing lease, and

on payment of the premium payable under Schedule 13 in respect of the grant,

of any sums payable by him by way of rent or recoverable from him as rent in respect of the flat up to the date of tender;

of any sums for which at that date the tenant is liable under section 60 in respect of costs incurred by any relevant person (within the meaning of that section); and

of any other sums due and payable by him to any such person under or in respect of the existing lease;

of the omission from the new lease of property included in the existing lease but not comprised in the flat;

of alterations made to the property demised since the grant of the existing lease; or

in a case where the existing lease derives (in accordance with section 7(6) as it applies in accordance with section 39(3)) from more than one separate leases, of their combined effect and of the differences (if any) in their terms.

the new lease may require payments to be made by the tenant (whether as rent or otherwise) in consideration of those matters or in respect of the cost thereof to the landlord; and

provides for or relates to the renewal of the lease,

confers any option to purchase or right of pre-emption in relation to the flat demised by the existing lease, or

provides for the termination of the existing lease before its term date otherwise than in the event of a breach of its terms;

it is necessary to do so in order to remedy a defect in the existing lease; or

it would be unreasonable in the circumstances to include, or include without modification, the term in question in view of changes occurring since the date of commencement of the existing lease which affect the suitability on the relevant date of the provisions of that lease.

make provision in accordance with section 59(3); and

reserve to the person who is for the time being the tenant’s immediate landlord the right to obtain possession of the flat in question in accordance with section 61.

is a third party to the existing lease, or

(not being the landlord or tenant) is a party to any agreement collateral thereto,

any such person (“the third party”) is in accordance with subsection (9) to discharge any function down to the term date of the existing lease, but

it is necessary or expedient in connection with the proper enjoyment by the tenant of the property demised by the new lease for provision to be made for the continued discharge of that function after that date,

shall be deemed to be authorised as against the persons interested in any mortgage on the landlord’s interest (however created or arising), and

shall be binding on those persons.

is granted after the commencement of this Chapter, and

being granted subsequent to the creation of the mortgage, would not, apart from that subsection, be binding on the persons interested in the mortgage.

a lease is granted under section 56, and

any person having a mortgage on the landlord’s interest is thereby entitled to possession of the documents of title relating to that interest,

a lease granted under section 56 takes effect subject to any such subsisting mortgage on the existing lease, and

at the time of execution of the new lease the person having the mortgage is thereby entitled to possession of the documents of title relating to the existing lease,

the landlord fails to deliver a counterpart of the new lease in accordance with subsection (3), or

the tenant fails to deliver the new lease in accordance with subsection (5),

none of the statutory provisions relating to security of tenure for tenants shall apply to the lease;

grants a sub-lease to which subsection (2)(b) and (c) will apply, or

negotiates with a view to the grant of such a sub-lease by him or by a person for whom he is acting as agent,

any investigation reasonably undertaken of the tenant’s right to a new lease;

any valuation of the tenant’s flat obtained for the purpose of fixing the premium or any other amount payable by virtue of Schedule 13 in connection with the grant of a new lease under section 56;

the grant of a new lease under that section;

that he could not reasonably do so without obtaining possession of the flat,

at any time during the period of 12 months ending with the term date of the lease in relation to which the right to acquire a new lease was exercised; and

at any time during the period of five years ending with the term date of the new lease.

to any reference to a flat in section 47 or 55(1); or

to any reference to a flat (not falling within paragraph (a) above) which occurs in the context of a reference to any premises containing the flat.

after “and includes” there shall be inserted “both a tenancy taking effect under section 149(6) of the Law of Property Act 1925 (leases terminable after a death or marriage) and”; and