- Latest available (Revised)
- Original (As enacted)
Leasehold Reform, Housing and Urban Development Act 1993, Cross Heading: Completion of acquisition is up to date with all changes known to be in force on or before 22 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Any conveyance executed for the purposes of this Chapter, being a conveyance to the nominee purchaser of the freehold of the specified premises [F1, of a part of those premises] or of any other property, shall grant to the nominee purchaser an estate in fee simple absolute in those premises [F1, that part of those premises] or that property, subject only to such incumbrances as may have been agreed or determined under this Chapter to be incumbrances subject to which that estate should be granted, having regard to the following provisions of this Chapter.
(2)Any such conveyance shall, where the nominee purchaser is to acquire any leasehold interest in the specified premises [F2, the part of the specified premises] or (as the case may be) in the other property to which the conveyance relates, provide for the disposal to the nominee purchaser of any such interest.
(3)Any conveyance executed for the purposes of this Chapter shall have effect under section 2(1) of the M1Law of Property Act 1925 (conveyances overreaching certain equitable interests etc.) to overreach any incumbrance capable of being overreached under section 2(1)—
(a)as if, where the interest conveyed is settled land for the purposes of the M2Settled Land Act 1925, the conveyance were made under the powers of that Act, and
(b)as if the requirements of section 2(1) as to payment of the capital money allowed any part of the purchase price paid or applied in accordance with section 35 below or Schedule 8 to this Act to be so paid or applied.
(4)For the purposes of this section “incumbrances” includes—
(a)rentcharges, and
(b)(subject to subsection (5)) personal liabilities attaching in respect of the ownership of land or an interest in land though not charged on that land or interest.
(5)Burdens originating in tenure, and burdens in respect of the upkeep or regulation for the benefit of any locality of any land, building, structure, works, ways or watercourse shall not be treated as incumbrances for the purposes of this section; but any conveyance executed for the purposes of this Chapter shall be made subject to any such burdens.
(6)A conveyance executed for the purposes of this Chapter shall not be made subject to any incumbrance capable of being overreached by the conveyance, but shall be made subject (where they are not capable of being overreached) to—
(a)rentcharges redeemable under sections 8 to 10 of the M3Rentcharges Act 1977, and
(b)those falling within paragraphs (c) and (d) of section 2(3) of that Act (estate rentcharges and rentcharges imposed under certain enactments),
except as otherwise provided by subsections (7) and (8) below.
(7)Where any land is to be conveyed to the nominee purchaser by a conveyance executed for the purposes of this Chapter, subsection (6) shall not preclude the person who owns the freehold interest in the land from releasing, or procuring the release of, the land from any rentcharge.
(8)The conveyance of any such land (“the relevant land”) may, with the agreement of the nominee purchaser (which shall not be unreasonably withheld), provide in accordance with section 190(1) of the M4Law of Property Act 1925 (charging of rentcharges on land without rent owner’s consent) that a rentcharge—
(a)shall be charged exclusively on other land affected by it in exoneration of the relevant land, or
(b)shall be apportioned between other land affected by it and the relevant land.
(9)Except to the extent that any departure is agreed to by the nominee purchaser and the person whose interest is to be conveyed, any conveyance executed for the purposes of this Chapter shall—
(a)as respects the conveyance of any freehold interest, conform with the provisions of Schedule 7, and
(b)as respects the conveyance of any leasehold interest, conform with the provisions of paragraph 2 of that Schedule (any reference in that paragraph to the freeholder being read as a reference to the person whose leasehold interest is to be conveyed [F3, and with the reference to the covenants for title implied under Part I of the Law of Property (Miscellaneous Provisions) Act 1994 being read as excluding the covenant in section 4(1)(b) of that Act (compliance with terms of lease)]).
(10)Any such conveyance shall in addition contain a statement that it is a conveyance executed for the purposes of this Chapter; and any such statement shall comply with such requirements as may be prescribed by [F4land registration rules under the Land Registration Act 2002].
Textual Amendments
F1Words in s. 34(1) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 11(2); S.I. 1996/2212, art. 2(2) (with savings in Sch.)
F2Words in s. 34(2) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 11(3); S.I. 1996/2212, art. 2(2) (with savings in Sch.)
F3Words in s. 34(9) inserted (1.7.1995) by 1994 c. 36, s. 21(1), Sch. 1 para. 12(1); S.I. 1995/1317, art. 2
F4Words in s. 34(10) substituted (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 11 para. 30(2) (with s. 129); S.I. 2003/1725, art. 2(1)
Marginal Citations
(1)Subject to the provisions of Schedule 8, where any interest is acquired by the nominee purchaser in pursuance of this Chapter, the conveyance by virtue of which it is so acquired shall, as regards any mortgage to which this section applies, be effective by virtue of this section—
(a)to discharge the interest from the mortgage, and from the operation of any order made by a court for the enforcement of the mortgage, and
(b)to extinguish any term of years created for the purposes of the mortgage,
and shall do so without the persons entitled to or interested in the mortgage or in any such order or term of years becoming parties to or executing the conveyance.
(2)Subject to subsections (3) and (4), this section applies to any mortgage of the interest so acquired (however created or arising) which—
(a)is a mortgage to secure the payment of money or the performance of any other obligation by the person from whom the interest is so acquired or any other person; and
(b)is not a mortgage which would be overreached apart from this section.
(3)This section shall not apply to any such mortgage if it has been agreed between the nominee purchaser and the reversioner or (as the case may be) any other relevant landlord that the interest in question should be acquired subject to the mortgage.
(4)In this section and Schedule 8 “mortgage” includes a charge or lien; but neither this section nor that Schedule applies to a rentcharge.
(1)In connection with the acquisition by him of [F5a freehold interest in] the specified premises, the nominee purchaser shall grant to the person from whom the [F5interest] is acquired such leases of flats or other units contained in those premises as are required to be so granted by virtue of Part II or III of Schedule 9.
(2)Any such lease shall be granted so as to take effect immediately after the acquisition by the nominee purchaser of the freehold [F6interest concerned].
(3)Where any flat or other unit demised under any such lease (“the relevant lease”) is at the time of that acquisition subject to any existing lease, the relevant lease shall take effect as a lease of the freehold reversion in respect of the flat or other unit.
(4)Part IV of Schedule 9 has effect with respect to the terms of a lease granted in pursuance of Part II or III of that Schedule.
Textual Amendments
F5Words in s. 36(1) substituted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 12(2); S.I. 1996/2212, art. 2(2) (with saving in Sch.)
F6Words in s. 36(2) substituted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 12(3); S.I. 1996/2212, art. 2(2) (with saving in Sch.)
Schedule 10 to this Act (which makes provision with respect to the acquisition of interests from local authorities etc. in pursuance of this Chapter) shall have effect.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: