Pt. 1 Ch. 1: power to amend conferred (20.1.2007) by Companies Act 2006 (c. 46), ss. 1181(1)(a), 1300(2); S.I. 2006/3428, art. 3(3) (with arts. 6, 8(2))

Words in s. 22 cross-heading omitted (1.7.2013) by virtue of The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 100 (with Sch. 3)

http://www.legislation.gov.uk/ukpga/1993/28/section/23Leasehold Reform, Housing and Urban Development Act 1993An Act to confer rights to collective enfranchisement and lease renewal on tenants of flats; to make further provision with respect to enfranchisement by tenants of houses; to make provision for auditing the management, by landlords or other persons, of residential property and for the approval of codes of practice relating thereto; to amend Parts III and IV of the Landlord and Tenant Act 1987; to confer jurisdiction on leasehold valuation tribunals as respects Crown land; to make provision for rendering void agreements preventing the occupation of leasehold property by persons with mental disorders; to amend Parts II, IV and V of the Housing Act 1985, Schedule 2 to the Housing Associations Act 1985, Parts I and III and sections 248 and 299 of the Housing (Scotland) Act 1987, Part III of the Housing Act 1988, and Part VI of the Local Government and Housing Act 1989; to make provision with respect to certain disposals requiring consent under Part II of the Housing Act 1985, including provision for the payment of a levy; to alter the basis of certain contributions by the Secretary of State under section 569 of that Act; to establish and confer functions on a body to replace the English Industrial Estates Corporation and to be known as the Urban Regeneration Agency; to provide for the designation of certain urban and other areas and to make provision as to the effect of such designation; to amend section 23 of the Land Compensation Act 1961, section 98 of the Local Government, Planning and Land Act 1980 and section 27 of the Housing and Planning Act 1986; to make further provision with respect to urban development corporations and urban development areas; and for connected purposes.1993-07-20texttext/xmlenStatute Law Database2024-05-17Expert Participation2022-12-01Part I LANDLORD AND TENANTChapter I COLLECTIVE ENFRANCHISEMENT IN CASE OF TENANTS OF FLATS Applications to court or ... tribunal
23 Tenants’ claim liable to be defeated where landlord intends to redevelop.1

Where the reversioner in respect of the specified premises has given a counter-notice under section 21 which complies with the requirement set out in subsection (2)(c) of that section, the court may, on the application of any appropriate landlord, by order declare that the right to collective enfranchisement shall not be exercisable in relation to those premises by reason of that landlord’s intention to redevelop the whole or a substantial part of the premises.

2

The court shall not make an order under subsection (1) unless it is satisfied—

a

that not less than two-thirds of all the long leases on which flats contained in the specified premises are held are due to terminate within the period of five years beginning with the relevant date; and

b

that for the purposes of redevelopment the applicant intends, once the leases in question have so terminated—

i

to demolish or reconstruct, or

ii

to carry out substantial works of construction on,

the whole or a substantial part of the specified premises; and

c

that he could not reasonably do so without obtaining possession of the flats demised by those leases.

3

Any application for an order under subsection (1) must be made within the period of two months beginning with the date of the giving of the counter-notice to the nominee purchaser; but, where the counter-notice is one falling within section 22(1)(a), such an application shall not be proceeded with until such time (if any) as an order under section 22(1) becomes final.

4

Where an order under subsection (1) is made by the court, the initial notice shall cease to have effect on the order becoming final.

5

Where an application for an order under subsection (1) is dismissed by the court, the court shall make an order—

a

declaring that the reversioner’s counter-notice shall be of no effect, and

b

requiring the reversioner to give a further counter-notice to the nominee purchaser by such date as is specified in the order.

6

Where—

a

the reversioner has given such a counter-notice as is mentioned in subsection (1), but

b

either—

i

no application for an order under that subsection is made within the period referred to in subsection (3), or

ii

such an application is so made but is subsequently withdrawn,

then (subject to subsection (8)), the reversioner shall give a further counter-notice to the nominee purchaser within the period of two months beginning with the appropriate date.

7

In subsection (6) “the appropriate date” means—

a

if subsection (6)(b)(i) applies, the date immediately following the end of the period referred to in subsection (3); and

b

if subsection (6)(b)(ii) applies, the date of withdrawal of the application.

8

Subsection (6) shall not apply if any application has been made by the nominee purchaser under section 22(1).

9

Subsections (3) to (5) of section 21 shall apply to any further counter-notice required to be given by the reversioner under subsection (5) or (6) above as if it were a counter-notice under that section complying with the requirement set out in subsection (2)(a) of that section.

10

In this section “appropriate landlord”, in relation to the specified premises, means—

a

the reversioner or any other relevant landlord; or

b

any two or more persons falling within paragraph (a) who are acting together.