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: collective enfranchisement under the LRHUDA 1993

3 (1)

Schedule 1 to the LRHUDA 1993 (conduct of proceedings by reversioner on behalf of other landlords) is amended as follows.

(2)

In paragraph 6 (acts of reversioner binding on other landlords)—

(a)

in sub-paragraph (1)—

(i)

in paragraph (b)(iv), for “for the acquisition of any interest” substitute “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”;

(ii)

at the end of paragraph (b) insert “and

(c)

if the reversioner receives the price payable, the reversioner’s written receipt for payment of that amount is a complete discharge to the claimant;

but paragraphs (b)(iv) and (c) do not apply if the price payable is required to be paid into the tribunal by virtue of paragraph 7(3A).;

(b)

in sub-paragraph (3), omit paragraph (c) (and the “and” preceding it).

(3)

In paragraph 7 (which gives a landlord who is not the reversioner certain powers in relation to conduct of the claim)—

(a)

in sub-paragraph (1)(a), at the end insert “, except the price payable”;

(b)

in sub-paragraph (3), at the end insert “, except determination of the share of the price payable to which the landlord is entitled under Part 6 of Schedule 4 to the Freehold and Leasehold Reform Act 2024”;

(c)

after sub-paragraph (3) insert—

“(3A)

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

(3B)

The court or the appropriate tribunal may order a relevant 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 relevant 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 relevant landlord the costs, or a contribution to the costs, incurred by the relevant 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 relevant landlord imposed the requirement, and

(b)

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

(d)

omit sub-paragraph (4).

(4)

In paragraph 8 (obligations of other landlords to reversioner), in sub-paragraph (1), 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)”.

(5)

After paragraph 9 insert—

“Entitlement to shares of the purchase price

10

(1)

Any of the other relevant 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.”