Legislation – Leasehold and Freehold Reform Act 2024

Part 1
Leasehold houses

1 Ban on grant or assignment of certain long residential leases of houses

2 Long residential leases of houses

3 Leases which have a long term

4 Series of leases whose term would extend beyond 21 years

6 Residential leases

7 Permitted leases

8 Permitted leases: certification by the appropriate tribunal

9 Permitted leases: marketing restrictions

10 Permitted leases: transaction warning conditions

11 Prescribed statements in new long leases

12 Restriction on title

13 Redress: right to acquire a freehold or superior leasehold estate

14 Redress: application of the right to acquire

15 Redress: general provision

16 Redress regulations: exercising and giving effect to the right to acquire

17 Enforcement by trading standards authorities

18 Financial penalties

19 Financial penalties: cross-border enforcement

20 Lead enforcement authority

21 General duties of lead enforcement authority

22 Enforcement by lead enforcement authority

23 Further powers and duties of enforcement authorities

24 Part 1: Crown application

25 Power to amend: permitted leases and definitions

26 Interpretation of Part 1

Part 2
Leasehold enfranchisement and extension

27 Removal of qualifying period before enfranchisement and extension claims

28 Removal of restrictions on repeated enfranchisement and extension claims

29 Change of non-residential limit on collective enfranchisement claims

30 Eligibility for enfranchisement and extension: specific cases

31 Acquisition of intermediate interests in collective enfranchisement

32 Right to require leaseback by freeholder after collective enfranchisement

33 Longer lease extensions

34 Lease extensions under the LRA 1967 on payment of premium at peppercorn rent

35 LRA 1967: determining price payable for freehold or lease extension

36 LRHUDA 1993: determining price payable for collective enfranchisement or new lease

37 Enfranchisement or extension: new method for calculating price payable

38 Costs of enfranchisement and extension under the LRA 1967

39 Costs of enfranchisement and extension under the LRHUDA 1993

40 Replacement of sections 20 and 21 of the LRA 1967

41 References to “the court” in Part 1 of the LRA 1967

42 Amendment of Part 1 of the LRHUDA 1993

43 References to “the court” in Part 1 of the LRHUDA 1993

44 No first-instance applications to the High Court in tribunal matters

45 Miscellaneous amendments

46 LRA 1967: preservation of existing law for certain enfranchisements

47 Part 2: consequential amendments to other legislation

Part 3
Other rights of long leaseholders

48 Right to vary long lease to replace rent with peppercorn rent

49 Change of non-residential limit on right to manage claims

50 Costs of right to manage claims

51 Compliance with obligations arising under Chapter 1 of Part 2 of the CLRA 2002

52 No first-instance applications to the High Court in tribunal matters

Part 4
Regulation of leasehold

53 Extension of regulation to fixed service charges

54 Notice of future service charge demands

55 Service charge demands

56 Accounts and annual reports

57 Right to obtain information on request

58 Enforcement of duties relating to service charges

59 Limitation on ability of landlord to charge insurance costs

60 Duty to provide information about insurance to tenants

61 Duty of landlords to publish administration charge schedules

62 Limits on rights of landlords to claim litigation costs from tenants

63 Right of tenants to claim litigation costs from landlords

64 Restriction on recovery of non-litigation costs of enfranchisement, extension and right to manage

65 Appointment of manager: power to vary or discharge orders

66 Appointment of manager: breach of redress scheme requirements

67 Leasehold sales information requests

68 Regulations under the LTA 1985: procedure and appropriate authority

69 LTA 1985: Crown application

70 Part 4: consequential amendments

71 Application of Part 4 to existing leases

Part 5
Regulation of estate management

72 Meaning of “estate management” etc

73 Estate management charges: general limitations

74 Limitation of estate management charges: reasonableness

75 Limitation of estate management charges: consultation requirements

76 Limitation of estate management charges: time limits

77 Determination of tribunal as to estate management charges

78 Demands for payment

79 Annual reports

80 Right to request information

81 Requests under section 80: further provision

82 Enforcement of sections 78 to 81

83 Meaning of “administration charge”

84 Duty of estate managers to publish administration charge schedules

85 Enforcement of section 84

86 Limitation of administration charges

87 Determination of tribunal as to administration charges

88 Codes of management practice: extension to estate managers

89 Notices of complaint

90 Appointment of substitute manager

91 Conditions for applying for appointment order

92 Criteria for determining whether to make appointment order

93 Appointment orders: further provision

94 Estate management: sales information requests

95 Effect of sales information request

96 Charges for provision of information

97 Enforcement of sections 95 and 96

98 Part 5: Crown application

99 Interpretation of Part 5

Part 6
Leasehold and estate management: redress schemes

100 Leasehold and estate management: redress schemes

101 Redress schemes: voluntary jurisdiction

102 Financial assistance for establishment or maintenance of redress schemes

103 Approval and designation of redress schemes

104 Redress schemes: no Crown status

105 Financial penalties

106 Financial penalties: maximum amounts

107 Decision under a redress scheme may be made enforceable as if it were a court order

108 Lead enforcement authority: further provision

109 Guidance for enforcement authorities and scheme administrators

110 Part 6: amendments to other Acts

111 Interpretation of Part 6

Part 7
Rentcharges

112 Meaning of “estate rentcharge”

113 Regulation of remedies for arrears of rentcharges

Part 8
Amendments of Part 5 of the Building Safety Act 2022

114 Steps relating to remediation of defects

115 Remediation orders

116 Remediation contribution orders

117 Recovery of legal costs etc through service charge

118 Repeal of section 125 of the BSA 2022

119 Higher-risk and relevant buildings: notifications in connection with insolvency

Part 9
General

120 Interpretation of references to other Acts

121 Power to make consequential provision

122 Regulations

124 Commencement

125 Short title

SCHEDULES

Schedule 1 Categories of permitted lease

Schedule 2 Leasehold houses: financial penalties

Schedule 3 Eligibility for enfranchisement and extension: specific cases

Schedule 4 Determining and sharing the market value

Schedule 5 Other compensation

Schedule 6 Schedules 4 and 5: interpretation

Schedule 7 Amendments consequential on sections 35 to 37 and Schedules 4 to 6

Schedule 8 Leasehold enfranchisement and extension: miscellaneous amendments

Schedule 9 Part 2: consequential amendments to other legislation

Schedule 10 Right to vary lease to replace rent with peppercorn rent

Schedule 11 Part 4: consequential amendments

Schedule 12 Redress schemes: financial penalties

Schedule 13 Part 6: amendments to other Acts

Which version?
Latest available (Revised)
Original (As enacted)

Schedules

Part 4Assumptions and other matters affecting determination of market value

Any determination of market value: specified matters to be taken into consideration

20

(1)

This paragraph applies if any specified matters arise in relation to newly owned premises.

(2)

The specified matters that arise must be taken into consideration when determining the market value of those premises.

(3)

If the standard valuation method is being used to determine the market value (on any freehold enfranchisement or lease extension), the effect of those specified matters on the market value, including during the period between—

(a)

the valuation date, and

(b)

the term date of the current lease,

must be taken into consideration.

(4)

In this paragraph “specified matters” means—

(a)

any defects in the title to the relevant freehold or statutory lease;

(b)

any property rights that burden or benefit the title to the relevant freehold or statutory lease;

(c)

any burden on, or benefit to, the title to the relevant freehold or statutory lease that arises under or by virtue of legislation (including any permanent or extended rights and burdens that are to be created in order to give effect to section 10 of the LRA 1967 or Schedule 7 to the LRHUDA 1993) or any other law;

(d)

any physical characteristics of the newly owned premises giving rise to a liability under or by virtue of legislation or any other law;

(e)

any order of a court or tribunal enforceable against the relevant freehold or statutory lease;

(f)

any obligation in a contract or other arrangement—

(i)

which runs with the newly owned premises, or

(ii)

which will bind the owner for the time being of the relevant freehold or statutory lease (including where the owner for the time being is required to ensure that an immediate successor in title enters into the obligation, in particular by a limitation on transfer of the title to the relevant freehold or statutory lease or on registration of such a transfer).

(5)

But, as this paragraph has effect subject to any assumptions that must be made in accordance with other provisions of this Schedule, the effect of those assumptions must form part of the determination of what, if any, specified matters arise.

(6)

In this paragraph “legislation” means—

(a)

an Act of Parliament or Act of Senedd, or

(b)

any instrument made under an Act of Parliament or Act of Senedd.