Legislation – Leasehold and Freehold Reform Act 2024

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Introduction

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

5 Houses

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

123 Extent

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

Changes to legislation:

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Part 1Leasehold houses

Redress

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

(1)

The Secretary of State may by regulations (“redress regulations”) make provision for and in connection with the exercise of the rights holder’s right to acquire in relation to a long residential lease of a house.

(2)

Redress regulations may, in particular, include provision for or in connection with—

(a)

the period within which the right to acquire must be exercised;

(b)

the giving of notice by the rights holder to the landlord or any other specified person for the purpose of exercising the right to acquire (including the form and manner in which, and the period within which, any such notice must be given);

(c)

registration under the Land Charges Act 1972 or the Land Registration Act 2002 of any notice given by virtue of paragraph (b);

(d)

the giving of notice by the landlord to the rights holder or any other specified person for the purpose of accepting or rejecting the rights holder’s right to acquire (including the form and manner in which, and the period within which, any such notice must be given);

(e)

the making by the appropriate tribunal or a court of an order on an application by a specified person determining whether or not, in the absence of agreement between the rights holder and the landlord, the rights holder has the right to acquire (including provision for the order to be made subject to such terms and conditions as the tribunal or court considers appropriate, including terms about costs);

(f)

further steps that must be taken by the rights holder (including the provision of specified information or specified documents), and any conditions that must be met in relation to the taking of those further steps (including conditions about timing), in order to exercise the right to acquire;

(g)

requirements that must be met in relation to a conveyance executed to give effect to the right to acquire (a “relevant conveyance”), including requirements for the conveyance to include specified provisions in respect of specified easements or rights over property, rights of way or covenants (positive or restrictive);

(h)

any other requirements that must be met in relation to a relevant conveyance, including a requirement that the conveyance is granted free of specified incumbrances, and subject to such burdens as may be specified;

(i)

the effect of the execution of a relevant conveyance, including provision for the conveyance to have the effect of discharging the house comprised in the lease from any specified incumbrance (including a charge);

(j)

any statement which must be included in a relevant conveyance, including a statement identifying the conveyance as executed for the purposes of this Part, and any requirements that must be met in relation to such a statement (including any requirements prescribed by land registration rules under the Land Registration Act 2002);

(k)

the making by the appropriate tribunal or a court of an order (a “relevant order”) on an application by a specified person for the purpose of giving effect to the right to acquire (whether or not in connection with an application to the appropriate tribunal or a court for a determination as described in paragraph (e));

(l)

the modification of the right to acquire in relation to any appurtenant property comprised in the lease (including for the rights holder to continue to hold a lease of such property, or conferring on them a right to use the property);

(m)

the circumstances in which the rights holder exercising the right to acquire is to be treated as a purchaser for value of the legal estate of the land comprised in the lease;

(n)

the circumstances in which a mortgagee or chargee is to be treated for the purposes of section 13(5)(a) as having the right to deal with the house comprised in the lease;

(o)

in a case where the rights holder is a tenant for the time being under the lease—

(i)

the circumstances in which a representative of the rights holder has the right to acquire instead of that tenant, and

(ii)

the exercise by such a representative of any powers or duties of a rights holder conferred or imposed by this Part or under redress regulations;

(p)

the liability for specified costs in connection with the exercise of the right to acquire (including provision as to how to calculate such costs or for the amount of any costs payable to be determined, in the absence of agreement, by the appropriate tribunal or a court);

(q)

proceedings for the recovery by specified persons from the landlord who granted the lease of compensation for any loss or damage resulting from the breach of section 1, including provision as to how to calculate the value of such loss or damage, and conferring powers on the appropriate tribunal or a court in connection with the recovery of such compensation (including provision as to costs).

(3)

Provision under subsection (2)(k) may, in particular, include provision—

(a)

for the making of a relevant order where the landlord cannot be found or identified, including where the rights holder has been unable to give notice for the purpose of exercising the right to acquire;

(b)

for a relevant order to determine the content of a relevant conveyance and who may execute it, and to be made subject to such further terms and conditions as the appropriate tribunal or court considers appropriate, including terms about costs.

(4)

Redress regulations may include provision about cases where the rights holder’s right to acquire in relation to a lease is exercisable in relation to more than one landlord, including (but not limited to) provision—

(a)

for or in connection with functions to be carried out by one landlord (the “reversioner”) on behalf of the other landlords;

(b)

for the landlord holding the freehold estate to be the reversioner;

(c)

for another landlord to be the reversioner in specified circumstances;

(d)

for or in connection with the appointment or removal of a reversioner by order of the appropriate tribunal or a court, on an application by a specified person;

(e)

for things done by the reversioner to be binding on the other landlords and on their interests in the land comprised in the lease;

(f)

for or in connection with the provision of information, documents or other assistance by other landlords to the reversioner for the purpose of enabling the reversioner to carry out functions under redress regulations;

(g)

for the indemnification of the reversioner against any liability incurred by the reversioner in consequence of failure by other landlords to comply with any requirement imposed on them by redress regulations;

(h)

excluding the reversioner from liability to any of the other landlords in specified circumstances;

(i)

for or in connection with the making of an order by the appropriate tribunal or a court, on an application by the reversioner, directing how the right to acquire may be given effect if any of the other landlords cannot be found or identified, or in case of a dispute between the reversioner and any other landlord.

(5)

Redress regulations may—

(a)

apply or incorporate (with or without modifications) any provision made by or under any relevant enactment;

(b)

amend or repeal any provision made by an Act.

(6)

A statutory instrument containing redress regulations is subject to the negative procedure.

(7)

In this section—

incumbrances” has the same meaning as in section 9 of the LRA 1967;

landlord” has the meaning given by section 13;

relevant enactment” means—

(a)

the LRA 1967;

(b)

the LRHUDA 1993;

(c)

the Tribunals, Courts and Enforcement Act 2007;

representative”, in relation to a rights holder, means the personal representative, trustee in bankruptcy, trustee in sequestration, receiver, liquidator or person otherwise acting in a representative capacity in relation to that person;

rights holder” has the meaning given by section 13;

specified” means specified or described in redress regulations.

Annotations:
Commencement Information

I1S. 16 not in force at Royal Assent, see s. 124(3)