Definition in s. 38(1) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 9(b)

1985 c. 68.

Words in s. 38(3) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 13; S.I. 1996/2212, art. 2(2) (with savings in Sch.)

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. 38 inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 105 (with Sch. 3)

Words in s. 38(1) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 22(3)

http://www.legislation.gov.uk/ukpga/1993/28/section/38Leasehold 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 Supplemental
38 Interpretation of Chapter I.1

In this Chapter (unless the context otherwise requires)—

“appropriate tribunal” means—

a

in relation to premises in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and

b

in relation to premises in Wales, a leasehold valuation tribunal.

“conveyance” includes assignment, transfer and surrender, and related expressions shall be construed accordingly;

“the initial notice” means the notice given under section 13;

“introductory standard contract” has the same meaning given by section 16 of the Renting Homes (Wales) Act 2016 (anaw 1);

“introductory tenancy” has the same meaning as in Chapter 1 of Part V of the Housing Act 1996,

“the nominee purchaser” shall be construed in accordance with section 15;

“the participating tenants” shall be construed in accordance with section 14;

“premises with a resident landlord” shall be construed in accordance with section 10;

“public sector landlord” means any of the persons listed in section 171(2) of the Housing Act 1985;

“qualifying tenant” shall be construed in accordance with section 5;

“the relevant date” has the meaning given by section 1(8);

“relevant landlord” and “the reversioner” shall be construed in accordance with section 9;

“the right to collective enfranchisement” means the right specified in section 1(1);

“secure contract” has the same meaning given by section 8 of the Renting Homes (Wales) Act 2016;

“secure tenancy” has the meaning given by section 79 of the Housing Act 1985;

“the specified premises” shall be construed in accordance with section 13(12);

“the terms of acquisition” has the meaning given by section 24(8);

“unit” means—

a

a flat;

b

any other separate set of premises which is constructed or adapted for use for the purposes of a dwelling; or

c

a separate set of premises let, or intended for letting, on a business lease.

2

Any reference in this Chapter (however expressed) to the acquisition or proposed acquisition by the nominee purchaser is a reference to the acquisition or proposed acquisition by the nominee purchaser, on behalf of the participating tenants, of such freehold and other interests as fall to be so acquired under a contract entered into in pursuance of the initial notice.

3

Any reference in this Chapter to the interest of a relevant landlord in the specified premises is a reference to the interest in those premises by virtue of which he is, in accordance with section 9(2)(b) or (2A)(b), a relevant landlord.

4

Any reference in this Chapter to agreement in relation to all or any of the terms of acquisition is a reference to agreement subject to contract.