- Latest available (Revised)
- Original (As enacted)
Leasehold Reform, Housing and Urban Development Act 1993, Section 2 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)Where the right to collective enfranchisement is exercised in relation to any premises to which this Chapter applies (“the relevant premises”), then, subject to and in accordance with this Chapter—
(a)there shall be acquired on behalf of the qualifying tenants by whom the right is exercised every interest to which this paragraph applies by virtue of subsection (2); and
(b)those tenants shall be entitled to have acquired on their behalf any interest to which this paragraph applies by virtue of subsection (3);
and any interest so acquired on behalf of those tenants shall be acquired in the manner mentioned in paragraphs (a) and (b) of section 1(1).
(2)Paragraph (a) of subsection (1) above applies to the interest of the tenant under any lease which is superior to the lease held by a qualifying tenant of a flat contained in the relevant premises.
(3)Paragraph (b) of subsection (1) above applies to the interest of the tenant under any lease (not falling within subsection (2) above) under which the demised premises consist of or include—
(a)any common parts of the relevant premises, or
(b)any property falling within section 1(2)(a) which is to be acquired by virtue of that provision,
where the acquisition of that interest is reasonably necessary for the proper management or maintenance of those common parts, or (as the case may be) that property, on behalf of the tenants by whom the right to collective enfranchisement is exercised.
(4)Where the demised premises under any lease falling within subsection (2) or (3) include any premises other than—
(a)a flat contained in the relevant premises which is held by a qualifying tenant,
(b)any common parts of those premises, or
(c)any such property as is mentioned in subsection (3)(b),
the obligation or (as the case may be) right under subsection (1) above to acquire the interest of the tenant under the lease shall not extend to his interest under the lease in any such other premises.
(5)Where the qualifying tenant of a flat is a public sector landlord and the flat is let under a secure tenancy [F1or an introductory tenancy] [F2or a secure contract (or an introductory standard contract)], then if—
(a)the condition specified in subsection (6) is satisfied, and
(b)the lease of the qualifying tenant is directly derived out of a lease under which the tenant is a public sector landlord,
the interest of that public sector landlord as tenant under that lease shall not be liable to be acquired by virtue of subsection (1) to the extent that it is an interest in the flat or in any appurtenant property; and the interest of a public sector landlord as tenant under any lease out of which the qualifying tenant’s lease is indirectly derived shall, to the like extent, not be liable to be so acquired (so long as the tenant under every lease intermediate between that lease and the qualifying tenant’s lease is a public sector landlord).
(6)The condition referred to in subsection (5)(a) is that either—
(a)the qualifying tenant is the immediate landlord under the secure tenancy [F3or, as the case may be, the introductory tenancy] [F4or the secure contract (or the introductory standard contract)], or
(b)he is the landlord under a lease which is superior to the secure tenancy [F5or, as the case may be, the introductory tenancy] [F6or the secure contract (or the introductory standard contract)] and the tenant under that lease, and the tenant under every lease (if any) intermediate between it and the secure tenancy [F5or the introductory tenancy] [F6or the secure contract (or the introductory standard contract)], is also a public sector landlord;
and in subsection (5) “appurtenant property” has the same meaning as in section 1.
(7)In this section “the relevant premises” means any such premises as are referred to in subsection (1).
Textual Amendments
F1Words in s. 2(5) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 9(a)(i)
F2Words in s. 2(5) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 22(2)(a)
F3Words in s. 2(6)(a) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 9(a)(ii)
F4Words in s. 2(6)(a) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 22(2)(b)
F5Words in s. 2(6)(b) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 9(a)(iii)
F6Words in s. 2(6)(b) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 22(2)(c)
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: