Legislation – Leasehold and Freehold Reform Act 2024

for subsection (3)(c) substitute—

“(c)

at the time it is granted it complies with the specified requirements.”;

after subsection (3) insert—

“(4)

The “specified requirements” are—

(a)

in the case of a tenancy granted before 11 December 1987, the requirements of the Housing (Exclusion of Shared Ownership Tenancies from the Leasehold Reform Act 1967) Regulations 1982 (S.I. 1982/62) (including where the tenancy was granted before those regulations came into force);

(b)

in the case of a tenancy granted on or after 11 December 1987 and before the 2024 Act commencement day, the requirements in paragraph 2 of Schedule 2 to the Housing Association Shared Ownership Leases (Exclusion from Leasehold Reform Act 1967 and Rent Act 1977) Regulations 1987 (S.I. 1987/1940);

(c)

in the case of a tenancy granted on or after the 2024 Act commencement day, requirements specified in regulations made by the appropriate authority.

(5)

The “2024 Act commencement day” is the day on which paragraph 11 of Schedule 8 to the Leasehold and Freehold Reform Act 2024 comes into force.

(6)

Regulations under subsection (4)(c)—

(a)

are to be made by statutory instrument;

(b)

may make provision generally or only in relation to specific cases;

(c)

may make different provision for different purposes or different areas;

(d)

may include supplementary, incidental, transitional or saving provision.

(7)

A statutory instrument containing regulations under this section is subject to the negative procedure.”

for sub-paragraph (2) substitute—

“(1A)

The amendment made by paragraph 7 (repeal of section 140 of the Housing Act 1980) also applies in relation to leases granted before the commencement of this Schedule, except in cases where, under section 7A or 32(5) of the Leasehold Reform Act 1967, the Leasehold Reform Act 1967 has effect without the amendments made by the Leasehold and Freehold Reform Act 2024.

(2)

In those cases, this Schedule does not affect the operation of section 140 of the Housing Act 1980, the enactments applying that section or regulations made under it.”

in sub-paragraph (4), for the words from “unless” to the end substitute “unless—

(a)

the landlord is a relevant authority, and

(b)

the premises are required for relevant development.”;

after sub-paragraph (4) insert—

“(4A)

For those purposes—

(a)

“relevant authority” means a person referred to in any paragraph of section 38(2) of the Leasehold Reform Act 1967;

(b)

“relevant development”—

(i)

in relation to a relevant authority other than a health authority, means development for the purposes (other than investment purposes) of that body;

(ii)

in relation to a relevant authority that is a health authority, means development for the purposes of the National Health Service Act 2006 or the National Health Service (Wales) Act 2006;

(iii)

in relation to a relevant authority that is a university body, also includes development for the purposes of any related university body;

(iv)

in relation to a relevant authority that is a local authority, also includes area development;

(c)

“health authority” means—

(i)

NHS England;

(ii)

any integrated care board;

(iii)

any Local Health Board;

(iv)

any Special Health Authority;

(v)

any National Health Service trust;

(vi)

any NHS foundation trust;

(vii)

any clinical commissioning group;

(viii)

any Strategic Health Authority;

(ix)

any Primary Care Trust;

(d)

“university body” and “related university body” have the same meaning as in section 29(6ZA) of the Leasehold Reform Act 1967;

(e)

“local authority” has the same meaning as in section 29(5) of the Leasehold Reform Act 1967;

(f)

“area development” means any development to be undertaken, whether or not by a local authority, in order to secure—

(i)

the development or redevelopment of an area defined by a development plan under the Planning and Compulsory Purchase Act 2004 as an area of comprehensive development;

(ii)

the treatment as a whole, by development, redevelopment or improvement, or partly by one and partly by another method, of any area in which the premises are situated.”

in Schedule 4 (stamp duty land tax: chargeable consideration), for paragraph 16C substitute—

“16C

The following do not count as chargeable consideration—

(a)

costs borne by the purchaser under section 9(4) of the Leasehold Reform Act 1967, where it applies by virtue of section 7A of that Act;

(b)

any amount payable by the purchaser under section 19C of the Leasehold Reform Act 1967;

(c)

any amount payable by the purchaser under section 89C or 89D of the Leasehold Reform, Housing and Urban Development Act 1993.”;

in Schedule 17A (leases: further provision), in paragraph 10 (tenants’ obligations etc that do not count as chargeable consideration), for sub-paragraph (1)(f) substitute—

“(f)

any liability of the tenant for costs under section 14(2) of the Leasehold Reform Act 1967, where it applies by virtue of section 32(5) of that Act;

(fa)

any amount payable by the tenant under section 19C of the Leasehold Reform Act 1967 or section 89F of the Leasehold Reform, Housing and Urban Development Act 1993;”.