The Commonhold and Leasehold Reform Act 2002 (Commencement No.5 and Saving and Transitional Provision) Order 2004

• Citation: S.I. 2004/3056
• Sections: 4

Section 1 Citation and interpretation

(1) This Order may be cited as the Commonhold and Leasehold Reform Act 2002 (Commencement No.5 and Saving and Transitional Provision) Order 2004.

(2) In this Order, unless otherwise stated, references to sections and Schedules are references to sections of, and Schedules to, the Commonhold and Leasehold Reform Act 2002.

Section 2 Provision coming into force in England and Wales

Section 180, in so far as it relates to the repeal in Schedule 14 of section 104, shall come into force in England and Wales on the day after that on which this Order is made.

Section 3 Provisions coming into force in England on 28th February 2005

Subject to article 4, the following provisions shall come into force in England on 28th February 2005—

(a) section 126,

(b) section 157, in so far as it relates to paragraph 15 of Schedule 10,

(c) section 164, to the extent that it is not already in force,

(d) section 165,

(e) sections 166 and 167, to the extent that they are not already in force,

(f) sections 168 to 170,

(g) section 171, to the extent that it is not already in force,

(h) in section 172, subsections (1) to (5), except to the extent that they relate to the application to the Crown of sections 21 to 22 of the Landlord and Tenant Act 1985, as substituted or inserted by sections 152 to 154 ,

(i) section 176 and Schedule 13, to the extent that they are not already in force, and

(j) section 180, in so far as it relates to the repeals in Schedule 14 of—

(i) the definition of “the valuation date” in paragraph 1(1) of Schedule 6 to the Leasehold Reform, Housing and Urban Development Act 1993 ;

(ii) section 82 of the Housing Act 1996 ; and

(iii) in paragraph 18(2) of Schedule 10 to that Act, paragraph (b) and the word “and” before it.

Section 4 Saving and transitional provision

(1) During the period beginning with 28th February 2005 and ending on the date on which sections 121 to 124 come into force, paragraph 4(2) of Schedule 6 to the Leasehold Reform, Housing and Urban Development Act 1993 shall have effect as if, for “participating tenants”, there were substituted “persons who are participating tenants immediately before a binding contract is entered into in pursuance of the initial notice”.

(2) Section 168 shall not have effect as regards notices served under section 146(1) of the Law of Property Act 1925 before 28th February 2005 in respect of a breach by a tenant of any covenant or condition.

(3) The amendments made by section 170 shall not have effect as regards notices served under section 146(1) of the Law of Property Act 1925 (restriction on re-entry or forfeiture) before 28th February 2005.