The Commonhold and Leasehold Reform Act 2002 (Commencement No. 2 and Savings) (England) Order 2003

• Citation: S.I. 2003/1986
• Sections: 16

Section 1 Citation, interpretation and application

(1) This Order may be cited as the Commonhold and Leasehold Reform Act 2002 (Commencement No. 2 and Savings) (England) Order 2003.

(2) In this Order—

“ LVT ” means a leasehold valuation tribunal;

“the 1967 Act ” means the Leasehold Reform Act 1967 ;

“the 1985 Act ” means the Landlord and Tenant Act 1985 ;

“the 1987 Act ” means the Landlord and Tenant Act 1987 ;

“the 1993 Act ” means the Leasehold Reform, Housing and Urban Development Act 1993 ;

“the 1996 Act ” means the Housing Act 1996 ;

“the first commencement date” means 30 September 2003;

“the second commencement date” means 31 October 2003;

references to sections and Schedules are, unless otherwise stated, references to sections of, and Schedules to, the Commonhold and Leasehold Reform Act 2002; and

any reference to a repeal is to a repeal made by section 180 and Schedule 14.

(3) This Order applies to England only.

Section 2 Provisions coming into force on the first commencement date

The following provisions shall come into force on the first commencement date —

(a) sections 71 to 73, 75 to 77, 79, 81 to 83 , 85 to 91, 93 to 103, 105 to 109, 111 to 113, 159, 163, 173, Schedules 6 and 7;

(b) sections 74, 78, 80, 84, 92, 110, 174 and Schedule 12 to the extent that they are not already in force;

(c) subject to the savings in Schedule 2 to this Order—

(i) sections 148, 149, 150, 155, 157, 158, 175, 176, Schedule 9, paragraphs 8 to 13 of Schedule 10, Schedule 11 and paragraphs 1 to 15 of Schedule 13;

(ii) subsections (1) to (5) of section 172 except in so far as they relate to the application to the Crown of sections 152 to 154, 164 to 171, paragraphs 1 to 7 of Schedule 10 and paragraph 16 of Schedule 13;

(iii) subsection (6) of section 172 except in so far as the substitutions made by that subsection relate to sections 42A and 42B of the 1987 Act;

(iv) to the extent that it is not already in force, section 180 in so far as it relates to the repeals in Schedule 14 which are set out in Schedule 1 to this Order.

Section 3 Provisions coming into force on the second commencement date

(1) Subject to paragraphs (2) to (7), section 151, to the extent that it is not already in force, shall come into force on the second commencement date.

(2) In relation to any case to which paragraph (3), (4), (5) or (7) applies, the amendment made by section 151 shall have no effect and the Service Charge (Estimates and Consultation) Order 1988 shall continue to apply.

(3) This paragraph applies where qualifying works are begun before the second commencement date.

(4) This paragraph applies where, in relation to qualifying works, the landlord has given or displayed the notice required under section 20 of the 1985 Act before the second commencement date.

(5) This paragraph applies where, in relation to qualifying works to which paragraph (6) applies, the landlord has given notice in the Official Journal of the European Union in accordance with the Public Works Contracts Regulations 1991 , the Public Services Contracts Regulations 1993 or the Public Supply Contracts Regulations 1995 before the second commencement date.

(6) This paragraph applies to qualifying works which are carried out under a contract which —

(a) is to be entered into on or after the second commencement date; and

(b) is for a period of twelve months or less.

(7) This paragraph applies where, under an agreement entered into, by or on behalf of the landlord or a superior landlord, before the second commencement date, qualifying works are carried out at any time in the period starting with the second commencement date and ending two months after that date.

Section 1 Absent landlords – leasehold houses

The amendments made by sections 148 and 149 shall not have effect in relation to an application for enfranchisement made under section 27 of the 1967 Act before the first commencement date.

Section 2 Definition of service charges

The amendment made by paragraph 7 of Schedule 9 shall not apply to costs incurred before the first commencement date in connection with matters for which a service charge is payable.

Section 3 Meaning of “management” in section 24 of the 1987 Act

The amendment made by paragraph 8 of Schedule 9 shall not apply to an application made under section 24 of the 1987 Act before the first commencement date.

Section 4 Right to acquire landlord’s interest

The amendment made by paragraph 9 of Schedule 9 and the repeal in section 29 of the 1987 Act shall not apply to an application made under section 29 of that Act before the first commencement date.

Section 5 Tenant’s right to a management audit

The amendments made by paragraph 10 of Schedule 9 shall not apply to an application made under section 80 of the 1993 Act before the first commencement date.

Section 6 Liability to pay service charges

The amendment made by section 155 and the repeals of section 19(2A) to (3) of the 1985 Act and of section 83(1) of the 1996 Act shall not have effect in relation to—

(a) any application made to a LVT under section 19(2A) or (2B) of the 1985 Act; or

(b) any proceedings relating to a service charge transferred to a LVT by a county court,

before the first commencement date.

Section 7 Insurance

The amendments made by paragraphs 8 to 13 of Schedule 10 and the consequential repeals in the Schedule to the 1985 Act shall not apply to a request made under that Schedule before the first commencement date.

Section 8 Administration charges: reasonableness, demands and liability to pay

Paragraphs 2 to 5 of Schedule 11 shall not apply to an administration charge that was payable before the first commencement date.

Section 9 Administration charges: appointment of a manager

The amendments made by paragraph 8 of Schedule 11 shall not apply to an application made under section 24 of the 1987 Act before the first commencement date.

Section 10 Charges under estate management schemes

Section 159 shall not apply to a charge under an estate management scheme that was payable before the first commencement date.

Section 11 Variation of leases: transfer of jurisdiction

The amendments made by section 163 shall not have effect in relation to an application made to the court under Part 4 of the 1987 Act before the first commencement date.

Section 12 Crown land: variation of leases

A variation of any tenancy effected by or in pursuance of an order made before the first commencement date under section 38 of the 1987 Act shall not be treated as binding on the Crown, as predecessor in title under the tenancy, by virtue of section 39(1) of that Act.

Section 13 Leasehold valuation tribunals

Section 175, the amendments made by section 176 and Schedule 13 and the repeals in Part 1 of Schedule 1 to this Order shall not have effect in relation to—

(a) any application made to a LVT; or

(b) any proceedings transferred to a LVT by a county court,

before the first commencement date.