Legislation – Leasehold and Freehold Reform Act 2024

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Schedules

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

Involvement of other landlords: the LRA 1967

1 (1)

Schedule 1 to the LRA 1967 (enfranchisement and extension by sub-tenants) is amended as follows.

(2)

In paragraph 4—

(a)

in sub-paragraph (1)—

(i)

omit “and” at the end of sub-paragraph (a);

(ii)

after sub-paragraph (b) insert—

“(c)

agree the price payable;

(d)

receive the whole of the price payable on behalf and in the name of all of the other landlords and, where the reversioner does so, hold that amount for themselves and the other landlords pending determination of the matters dealt with in Part 6 of Schedule 4 to the Leasehold and Freehold Reform Act 2024.”;

(b)

after sub-paragraph (1) insert—

“(1A)

If the reversioner receives the whole of the price payable (including where required to do so under paragraph 5), the reversioner’s written receipt for payment of that amount is a complete discharge to the claimant.

(1B)

Sub-paragraphs (1)(d) and (1A) do not apply if the price payable is required to be paid into the tribunal by virtue of paragraph 5(3A).”

(c)

in sub-paragraph (3), omit paragraph (c).

(3)

In paragraph 5—

(a)

in sub-paragraph (1), for “under section 9 of this Act” substitute “in accordance with section 9 or 14A”;

(b)

after sub-paragraph (2) insert—

“(2A)

If required to do so by the claimant, the reversioner must receive the whole of the price payable, on behalf and in the name of all of the other landlords.

(2B)

But the claimant may not impose such a requirement—

(a)

if the terms of the acquisition of the freehold or grant of the lease, including the price payable, have not been agreed or determined (whether or not the matters dealt with in Part 6 of Schedule 4 to the Leasehold and Freehold Reform Act 2024 have been determined); or

(b)

if, or to the extent that, the claimant is required to pay the price payable into the tribunal.

(2C)

Sub-paragraph (2D) applies if the whole of the price payable is to be—

(a)

received by the reversioner, or

(b)

paid into the tribunal.

(2D)

If required to do so by the claimant—

(a)

the reversioner must, on behalf and in the name of all or (as the case may be) any of the other landlords execute the conveyance required by section 8(1) or the grant of the tenancy required by section 14(1);

(b)

a landlord who has given notice under sub-paragraph (2) must deduce, evidence or verify their title for the purpose of the reversioner executing the conveyance or grant.”;

(c)

for sub-paragraph (3) substitute—

“(3)

Any of the other landlords may require the reversioner to apply to the appropriate tribunal for the price payable to be determined by the appropriate tribunal.”;

(d)

after sub-paragraph (3) insert—

“(3A)

Any of the other landlords may, by giving notice to the claimant and the reversioner, require the claimant to pay into the tribunal the whole price payable.

(3B)

The court or the appropriate tribunal may order a landlord to pay to the reversioner the costs, or a contribution to the costs, incurred by the reversioner in obtaining from the appropriate tribunal money that has been paid into it in compliance with a requirement imposed under sub-paragraph (3A) if—

(a)

the landlord imposed the requirement, and

(b)

the reversioner shows that it was unreasonable for the landlord to impose the requirement.

(3C)

The court or the appropriate tribunal may order the reversioner to pay to a landlord the costs, or a contribution to the costs, incurred by the landlord in obtaining from the appropriate tribunal money that has been paid into it in compliance with a requirement imposed under sub-paragraph (3A) if—

(a)

the landlord imposed the requirement, and

(b)

the landlord shows that the requirement was imposed because of unreasonable conduct by the reversioner.”;

(e)

omit sub-paragraph (4);

(f)

in sub-paragraph (5), in the words before paragraph (a), after “landlords” insert “(whether or not any entitlements to shares of the purchase price under Part 6 of Schedule 4 to the Leasehold and Freehold Reform Act 2024 have been determined)”.

(4)

After paragraph 6 insert—

“6A

(1)

Any of the other landlords may apply to the appropriate tribunal for the determination of their entitlement to a share of the purchase price under Part 6 of Schedule 4 to the Leasehold and Freehold Reform Act 2024.

(2)

This paragraph does not limit the power of the reversioner to apply to the appropriate tribunal for the determination of any person’s entitlement to a share of the purchase price under Part 6 of Schedule 4 to the Leasehold and Freehold Reform Act 2024.”

(5)

In paragraph 7(1)—

(a)

omit paragraph (b);

(b)

in paragraph (c), for “price payable for” substitute “share of the purchase price, as determined under Part 6 of Schedule 4 to the Leasehold and Freehold Reform Act 2024, that is payable to the owner of”;

(c)

in paragraph (d), for “the price payable for” substitute “each share of the purchase price, as determined under Part 6 of Schedule 4 to the Leasehold and Freehold Reform Act 2024, that is payable to the owner of”;

(d)

at the end of paragraph (d), insert “; and

(e)

if the sum payable for the redemption of a rentcharge under section 11 or the discharge of a charge under section 12 cannot be ascertained because the share of the purchase price payable to the relevant landlord has not been agreed or determined under Part 6 of Schedule 4 to the Leasehold and Freehold Reform Act 2024, the tenant may pay the whole of the price payable into the tribunal.”

(6)

Omit paragraph 7A (minor superior tenancies).