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Leasehold Reform, Housing and Urban Development Act 1993, Section 38 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.
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(1)In this Chapter (unless the context otherwise requires)—
[F1“appropriate tribunal” means—
in relation to premises in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and
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;
[F2“introductory standard contract” has the same meaning given by section 16 of the Renting Homes (Wales) Act 2016 (anaw 1);]
[F3“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 M1Housing 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);
[F2“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 flat;
any other separate set of premises which is constructed or adapted for use for the purposes of a dwelling; or
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) [F4or (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.
Textual Amendments
F1Words 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)
F2Words 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)
F3Definition in s. 38(1) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 9(b)
F4Words 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.)
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