The Leasehold Reform (Notices) (Amendment) Regulations 1993

• Citation: S.I. 1993/2409
• Sections: 3

Section 1 Citation and commencement

These Regulations may be cited as the Leasehold Reform (Notices) (Amendment) Regulations 1993 and shall come into force on 1st November 1993.

Section 2 Amendments

(1) The Appendix to the Leasehold Reform (Notices) Regulations 1967 is amended in accordance with the following provisions of this regulation.

(2) In Form 1 (notice of leaseholder’s claim)—

(a) for paragraphs 3 and 4 of the Schedule substitute—

(b) after paragraph 6 insert—

(c) at the end of Note 7 insert—

In addition to the provisions of section 3 of the Act, section 174(a) of the Housing Act 1985 provides for certain tenancies granted pursuant to the right to buy to be treated as long tenancies. Section 1B of the Act also provides for certain tenancies terminable on death or marriage to be long tenancies for the limited right described in Note 7B.

7A. In addition to the provisions of section 4 of the Act, section 174(b) of the Housing Act 1985 provides for certain shared ownership leases granted pursuant to the right to buy to be treated as tenancies at a low rent. Section 1A(2) of the Act also provides for certain tenancies to be treated as tenancies at a low rent for the limited right described in Note 7B.

7B. A claimant who relies on any one or more of the provisions in section 1A or 1B of the Act has the right to have the freehold at a price determined in accordance with section 9(1C) of the Act, but not the right to have an extended lease. Section 1A(1) applies to a tenancy of a house and premises the value of which exceeds the applicable financial limit. (Sections 1A(2) and 1B are described in Notes 7A and 7 respectively.)

7C. If section 175 of the Housing Act 1985 (leases granted pursuant to the right to buy etc. ) applies to a tenancy, the price payable for the house and premises is not determined in accordance with section 9(1).

(3) In Form 3 (notice of leaseholder’s claim under section 28(1)(b)(ii))—

(a) for paragraphs 3 and 4 of the Schedule substitute—

(b) after paragraph 6 of the Schedule insert—

(c) at the end of Note 5 insert—

In addition to the provisions of section 3 of the Act, section 174(a) of the Housing Act 1985 provides for certain tenancies granted pursuant to the right to buy to be treated as long tenancies. Section 1B of the Act also provides for certain tenancies terminable on death or marriage to be long tenancies for the limited right described in Note 5B.

5A. In addition to the provisions of section 4 of the Act, section 174(b) of the Housing Act 1985 provides for certain shared ownership leases granted pursuant to the right to buy to be treated as tenancies at a low rent. Section 1A(2) of the Act also provides for certain tenancies to be treated as tenancies at a low rent for the limited right described in Note 5B.

5B. A claimant who relies on any one or more of the provisions in section 1A or 1B of the Act has the right to have the freehold at a price determined in accordance with section 9(1C) of the Act, but not the right to have an extended lease. Section 1A(1) applies to a tenancy of a house and premises the value of which exceeds the applicable financial limit. (Sections 1A(2) and 1 B are described in Notes 5A and 5 respectively.)

5C. If section 175 of the Housing Act 1985 (leases granted pursuant to the right to buy etc.) applies to a tenancy, the price payable for the house and premises is not determined in accordance with section 9(1).

Section 4 Transitional

These Regulations shall not apply in a case where a notice under section 8 or 14 of the Leasehold Reform Act 1967 (tenant’s notice of desire to have the freehold or an extended lease) was given before these Regulations come into force.