Landlord and Tenant Act 1987

• (b) the insurance of the building containing the flat or of any such land or building as is mentioned in paragraph (a)(iii);

• (c) the repair or maintenance of any installations (whether they are in the same building as the flat or not) which are reasonably necessary to ensure that occupiers of the flat enjoy a reasonable standard of accommodation;

• (d) the provision or maintenance of any services which are reasonably necessary to ensure that occupiers of the flat enjoy a reasonable standard of accommodation (whether they are services connected with any such installations or not, and whether they are services provided for the benefit of those occupiers or services provided for the benefit of the occupiers of a number of flats including that flat);

• (e) the recovery by one party to the lease from another party to it of expenditure incurred or to be incurred by him, or on his behalf, for the benefit of that other party or of a number of persons who include that other party;

• (f) the computation of a service charge payable under the lease.

• (g) such other matters as may be prescribed by regulations made by the Secretary of State.

• (3) For the purposes of subsection (2)(c) and (d) the factors for determining, in relation to the occupiers of a flat, what is a reasonable standard of accommodation may include—

• (a) factors relating to the safety and security of the flat and its occupiers and of any common parts of the building containing the flat; and

• (b) other factors relating to the condition of any such common parts.

• (3A) For the purposes of subsection (2)(e) the factors for determining, in relation to a service charge payable under a lease, whether the lease makes satisfactory provision include whether it makes provision for an amount to be payable (by way of interest or otherwise) in respect of a failure to pay the service charge by the due date.

• (4) For the purposes of subsection (2)(f) a lease fails to make satisfactory provision with respect to the computation of a service charge payable under it if—

• (a) it provides for any such charge to be a proportion of expenditure incurred, or to be incurred, by or on behalf of the landlord or a superior landlord; and

• (b) other tenants of the landlord are also liable under their leases to pay by way of service charges proportions of any such expenditure; and

• (c) the aggregate of the amounts that would, in any particular case, be payable by reference to the proportions referred to in paragraphs (a) and (b) would either exceed or be less than the whole of any such expenditure.

• (5) Procedure regulations under Schedule 12 to the Commonhold and Leasehold Reform Act 2002 and Tribunal Procedure Rules shall make provision—

• (a) for requiring notice of any application under this Part to be served by the person making the application, and by any respondent to the application, on any person who the applicant, or (as the case may be) the respondent, knows or has reason to believe is likely to be affected by any variation specified in the application, and

• (b) for enabling persons served with any such notice to be joined as parties to the proceedings.

• (6) For the purposes of this Part a long lease shall not be regarded as a long lease of a flat if—

• (a) the demised premises consist of or include three or more flats contained in the same building; or

• (b) the lease constitutes a tenancy to which Part II of the Landlord and Tenant Act 1954 applies.

• (8) In this section “service charge” has the meaning given by section 18(1) of the 1985 Act.

• (9) For the purposes of this section and sections 36 to 39, “appropriate tribunal” means—

• (a) if one or more of the long leases concerned relates to property in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and

• (b) if one or more of the long leases concerned relates to property in Wales, a leasehold valuation tribunal.

Application by respondent for variation of other leases

36

• (1) Where an application (“the original application”) is made under section 35 by any party to a lease, any other party to the lease may make an application to the tribunal asking it, in the event of its deciding to make an order effecting any variation of the lease in pursuance of the original application, to make an order which effects a corresponding variation of each of such one or more other leases as are specified in the application.

• (2) Any lease so specified—

• (a) must be a long lease of a flat under which the landlord is the same person as the landlord under the lease specified in the original application; but

• (b) need not be a lease of a flat which is in the same building as the flat let under that lease, nor a lease drafted in terms identical to those of that lease.

• (3) The grounds on which an application may be made under this section are—

• (a) that each of the leases specified in the application fails to make satisfactory provision with respect to the matter or matters specified in the original application; and

• (b) that, if any variation is effected in pursuance of the original application, it would be in the interests of the person making the application under this section, or in the interests of the other persons who are parties to the leases specified in that application, to have all of the leases in question (that is to say, the ones specified in that application together with the one specified in the original application) varied to the same effect.

Application by majority of parties for variation of leases

37

• (1) Subject to the following provisions of this section, an application may be made to the appropriate tribunal in respect of two or more leases for an order varying each of those leases in such manner as is specified in the application.

• (2) Those leases must be long leases of flats under which the landlord is the same person, but they need not be leases of flats which are in the same building, nor leases which are drafted in identical terms.

• (3) The grounds on which an application may be made under this section are that the object to be achieved by the variation cannot be satisfactorily achieved unless all the leases are varied to the same effect.

• (4) An application under this section in respect of any leases may be made by the landlord or any of the tenants under the leases.

• (5) Any such application shall only be made if—

• (a) in a case where the application is in respect of less than nine leases, all, or all but one, of the parties concerned consent to it; or

• (b) in a case where the application is in respect of more than eight leases, it is not opposed for any reason by more than 10 per cent. of the total number of the parties concerned and at least 75 per cent. of that number consent to it.

• (6) For the purposes of subsection (5)—

• (a) in the case of each lease in respect of which the application is made, the tenant under the lease shall constitute one of the parties concerned (so that in determining the total number of the parties concerned a person who is the tenant under a number of such leases shall be regarded as constituting a corresponding number of the parties concerned); and

• (b) the landlord shall also constitute one of the parties concerned.

Orders varying leases

Orders by the court varying leases

38

• (1) If, on an application under section 35, the grounds on which the application was made are established to the satisfaction of the tribunal, the tribunal may (subject to subsections (6) and (7)) make an order varying the lease specified in the application in such manner as is specified in the order.

• (2) If—

• (a) an application under section 36 was made in connection with that application, and

• (b) the grounds set out in subsection (3) of that section are established to the satisfaction of the tribunal with respect to the leases specified in the application under section 36,

the tribunal may (subject to subsections (6) and (7)) also make an order varying each of those leases in such manner as is specified in the order.

• (3) If, on an application under section 37, the grounds set out in subsection (3) of that section are established to the satisfaction of the tribunal with respect to the leases specified in the application, the tribunal may (subject to subsections (6) and (7)) make an order varying each of those leases in such manner as is specified in the order.

• (4) The variation specified in an order under subsection (1) or (2) may be either the variation specified in the relevant application under section 35 or 36 or such other variation as the tribunal thinks fit.

• (5) If the grounds referred to in subsection (2) or (3) (as the case may be) are established to the satisfaction of the tribunal with respect to some but not all of the leases specified in the application, the power to make an order under that subsection shall extend to those leases only.

• (6) A tribunal shall not make an order under this section effecting any variation of a lease if it appears to the tribunal —

• (a) that the variation would be likely substantially to prejudice—

• (i) any respondent to the application, or

• (ii) any person who is not a party to the application,

and that an award under subsection (10) would not afford him adequate compensation, or

• (b) that for any other reason it would not be reasonable in the circumstances for the variation to be effected.

• (7) A tribunal shall not, on an application relating to the provision to be made by a lease with respect to insurance, make an order under this section effecting any variation of the lease—

• (a) which terminates any existing right of the landlord under its terms to nominate an insurer for insurance purposes; or

• (b) which requires the landlord to nominate a number of insurers from which the tenant would be entitled to select an insurer for those purposes; or

• (c) which, in a case where the lease requires the tenant to effect insurance with a specified insurer, requires the tenant to effect insurance otherwise than with another specified insurer.

• (8) A tribunal may, instead of making an order varying a lease in such manner as is specified in the order, make an order directing the parties to the lease to vary it in such manner as is so specified; and accordingly any reference in this Part (however expressed) to an order which effects any variation of a lease or to any variation effected by an order shall include a reference to an order which directs the parties to a lease to effect a variation of it or (as the case may be) a reference to any variation effected in pursuance of such an order.

• (9) A tribunal may by order direct that a memorandum of any variation of a lease effected by an order under this section shall be endorsed on such documents as are specified in the order.

• (10) Where a tribunal makes an order under this section varying a lease the tribunal may, if it thinks fit, make an order providing for any party to the lease to pay, to any other party to the lease or to any other person, compensation in respect of any loss or disadvantage that the tribunal considers he is likely to suffer as a result of the variation.

Effect of orders varying leases: applications by third parties

39

• (1) Any variation effected by an order under section 38 shall be binding not only on the parties to the lease for the time being but also on other persons (including any predecessors in title of those parties), whether or not they were parties to the proceedings in which the order was made or were served with a notice by virtue of section 35(5).

• (2) Without prejudice to the generality of subsection (1), any variation effected by any such order shall be binding on any surety who has guaranteed the performance of any obligation varied by the order; and the surety shall accordingly be taken to have guaranteed the performance of that obligation as so varied.

• (3) Where any such order has been made and a person was, by virtue of section 35(5), required to be served with a notice relating to the proceedings in which it was made, but he was not so served, he may—

• (a) bring an action for damages for breach of statutory duty against the person by whom any such notice was so required to be served in respect of that person’s failure to serve it;

• (b) apply to the appropriate tribunal for the cancellation or modification of the variation in question.

• (4) A tribunal may, on an application under subsection (3)(b) with respect to any variation of a lease—

• (a) by order cancel that variation or modify it in such manner as is specified in the order, or

• (b) make such an order as is mentioned in section 38(10) in favour of the person making the application,

as it thinks fit.

• (5) Where a variation is cancelled or modified under paragraph (a) of subsection (4)—

• (a) the cancellation or modification shall take effect as from the date of the making of the order under that paragraph or as from such later date as may be specified in the order, and

• (b) the tribunal may by order direct that a memorandum of the cancellation or modification shall be endorsed on such documents as are specified in the order;

and, in a case where a variation is so modified, subsections (1) and (2) above shall, as from the date when the modification takes effect, apply to the variation as modified.

Applications relating to dwellings other than flats

Application for variation of insurance provisions of lease of dwelling other than a flat

40

• (1) Any party to a long lease of a dwelling may make an application to the appropriate tribunal for an order varying the lease, in such manner as is specified in the application, on the grounds that the lease fails to make satisfactory provision with respect to any matter relating to the insurance of the dwelling, including the recovery of the costs of such insurance.

• (2) Sections 36 and 38 shall apply to an application under subsection (1) subject to the modifications specified in subsection (3).

• (3) Those modifications are as follows—

• (a) in section 36—

• (i) in subsection (1), the reference to section 35 shall be read as a reference to subsection (1) above, and

• (ii) in subsection (2), any reference to a flat shall be read as a reference to a dwelling; and

• (b) in section 38—

• (i) any reference to an application under section 35 shall be read as a reference to an application under subsection (1) above, and

• (ii) any reference to an application under section 36 shall be read as a reference to an application under section 36 as applied by subsection (2) above.

• (4) For the purpose of this section, a long lease shall not be regarded as a long lease of a dwelling if—

• (a) the demised premises consist of three or more dwellings; or

• (b) the lease constitutes a tenancy to which Part II of the Landlord and Tenant Act 1954 applies.

• (4A) Without prejudice to subsection (4), an application under subsection (1) may not be made by a person who is a tenant under a long lease of a dwelling if, by virtue of that lease and one or more other long leases of dwellings, he is also a tenant from the same landlord of at least two other dwellings.

• (4B) For the purposes of subsection (4A), any tenant of a dwelling who is a body corporate shall be treated as a tenant of any other dwelling held from the same landlord which is let under a long lease to an associated company, as defined in section 20(1).

• (5) In this section “dwelling” means a dwelling other than a flat.

• (6) For the purposes of subsection (1), “appropriate tribunal” means—

• (a) if one or more of the dwellings concerned is in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and

• (b) if one or more of the dwellings concerned is in Wales, a leasehold valuation tribunal.

Part V — Management of Leasehold Property

Service charges

Amendments relating to service charges

41

• (1) Sections 18 to 30 of the 1985 Act (regulation of service charges payable by tenants) shall have effect subject to the amendments specified in Schedule 2 (which include amendments—

• (a) extending the provisions of those sections to dwellings other than flats, and

• (b) introducing certain additional limitations on service charges).

• (2) Sections 45 to 51 of the Housing Act 1985 (which are, so far as relating to dwellings let on long leases, superseded by sections 18 to 30 of the 1985 Act as amended by Schedule 2) shall cease to have effect in relation to dwellings so let.

Service charge contributions to be held in trust

42

• (1) This section applies where the tenants of two or more dwellings may be required under the terms of their leases to contribute to the same costs , or the tenant of a dwelling may be required under the terms of his lease to contribute to costs to which no other tenant of a dwelling may be required to contribute, by the payment of service charges; and in this section—

• “the contributing tenants” means those tenants; and “the sole contributing tenant” means that tenant;

• “the payee” means the landlord or other person to whom any such charges are payable by those tenants , or that tenant, under the terms of their leases, or his lease;

• “relevant service charges” means any such charges;

• “service charge” has the meaning given by section 18(1) of the 1985 Act, except that it does not include a service charge payable by the tenant of a dwelling the rent of which is registered under Part IV of the Rent Act 1977, unless the amount registered is, in pursuance of section 71(4) of that Act, entered as a variable amount;

• “tenant” does not include a tenant of an exempt landlord; and

• “trust fund” means the fund, or (as the case may be) any of the funds, mentioned in subsection (2) below.

• (2) Any sums paid to the payee by the contributing tenants , or the sole contributing tenant, by way of relevant service charges, and any investments representing those sums, shall (together with any income accruing thereon) be held by the payee either as a single fund or, if he thinks fit, in two or more separate funds.

• (3) The payee shall hold any trust fund—

• (a) on trust to defray costs incurred in connection with the matters for which the relevant service charges were payable (whether incurred by himself or by any other person), and

• (b) subject to that, on trust for the persons who are the contributing tenants for the time being , or the person who is the sole contributing tenant for the time being.

• (4) Subject to subsections (6) to (8), the contributing tenants shall be treated as entitled by virtue of subsection (3)(b) to such shares in the residue of any such fund as are proportionate to their respective liabilities to pay relevant service charges or the sole contributing tenant shall be treated as so entitled to the residue of any such fund.

• (5) If the Secretary of State by order so provides, any sums standing to the credit of any trust fund may, instead of being invested in any other manner authorised by law, be invested in such manner as may be specified in the order; and any such order may contain such incidental, supplemental or transitional provisions as the Secretary of State considers appropriate in connection with the order.

• (6) On the termination of the lease of any of the contributing tenants the tenant shall not be entitled to any part of any trust fund, and (except where subsection (7) applies) any part of any such fund which is attributable to relevant service charges paid under the lease shall accordingly continue to be held on the trusts referred to in subsection (3).

• (7) On the termination of the lease of the last of the contributing tenants, or of the lease of the sole contributing tenant, any trust fund shall be dissolved as at the date of the termination of the lease, and any assets comprised in the fund immediately before its dissolution shall—

• (a) if the payee is the landlord, be retained by him for his own use and benefit, and

• (b) in any other case, be transferred to the landlord by the payee.

• (8) Subsections (4), (6) and (7) shall have effect in relation to any of the contributing tenants, or the sole contributing tenant, subject to any express terms of his lease (whenever it was granted) which relate to the distribution, either before or (as the case may be) at the termination of the lease, of amounts attributable to relevant service charges paid under its terms (whether the lease was granted before or after the commencement of this section).

• (9) Subject to subsection (8), the provisions of this section shall prevail over the terms of any express or implied trust created by a lease so far as inconsistent with those provisions, other than an express trust so created , in the case of a lease of any of the contributing tenants, before the commencement of this section or, in the case of the lease of the sole contributing tenant, before the commencement of paragraph 15 of Schedule 10 to the Commonhold and Leasehold Reform Act 2002.

Insurance

Rights of tenants with respect to insurance

43

–

• (1) The following section shall be inserted after section 30 of the 1985 Act—

(30A) The Schedule to this Act (which confers on tenants certain rights with respect to the insurance of their dwellings) shall have effect.

• (2) Schedule 3 to this Act shall be added to the 1985 Act as the Schedule to that Act.

Managing agents

Recognised tenants' associations to be consulted about managing agents

44

The following section shall be inserted in the 1985 Act after the section 30A inserted by section 43—

(30B) (1) A recognised tenants’ association may at any time serve a notice on the landlord requesting him to consult the association in accordance with this section on matters relating to the appointment or employment by him of a managing agent for any relevant premises. (2) Where, at the time when any such notice is served by a recognised tenants’ association, the landlord does not employ any managing agent for any relevant premises, the landlord shall, before appointing such a managing agent, serve on the association a notice specifying— (a) the name of the proposed managing agent; (b) the landlord’s obligations to the tenants represented by the association which it is proposed that the managing agent should be required to discharge on his behalf; and (c) a period of not less than one month beginning with the date of service of the notice within which the association may make observations on the proposed appointment. (3) Where, at the time when a notice is served under subsection (1) by a recognised tenants’ association, the landlord employs a managing agent for any relevant premises, the landlord shall, within the period of one month beginning with the date of service of that notice, serve on the association a notice specifying— (a) the landlord’s obligations to the tenants represented by the association which the managing agent is required to discharge on his behalf; and (b) a reasonable period within which the association may make observations on the manner in which the managing agent has been discharging those obligations, and on the desirability of his continuing to discharge them. (4) Subject to subsection (5), a landlord who has been served with a notice by an association under subsection (1) shall, so long as he employs a managing agent for any relevant premises— (a) serve on that association at least once in every five years a notice specifying— (i) any change occurring since the date of the last notice served by him on the association under this section in the obligations which the managing agent has been required to discharge on his behalf; and (ii) a reasonable period within which the association may make observations on the manner in which the managing agent has discharged those obligations since that date, and on the desirability of his continuing to discharge them; (b) serve on that association, whenever he proposes to appoint any new managing agent for any relevant premises, a notice specifying the matters mentioned in paragraphs (a) to (c) of subsection (2). (5) A landlord shall not, by virtue of a notice served by an association under subsection (1), be required to serve on the association a notice under subsection (4)(a) or (b) if the association subsequently serves on the landlord a notice withdrawing its request under subsection (1) to be consulted by him. (6) Where— (a) a recognised tenants’ association has served a notice under subsection (1) with respect to any relevant premises, and (b) the interest of the landlord in those premises becomes vested in a new landlord, that notice shall cease to have effect with respect to those premises (without prejudice to the service by the association on the new landlord of a fresh notice under that subsection with respect to those premises). (7) Any notice served by a landlord under this section shall specify the name and the address in the United Kingdom of the person to whom any observations made in pursuance of the notice are to be sent; and the landlord shall have regard to any such observations that are received by that person within the period specified in the notice. (8) In this section— - “landlord”, in relation to a recognised tenants’ association, means the immediate landlord of the tenants represented by the association or a person who has a right to enforce payment of service charges payable by any of those tenants; - “managing agent”, in relation to any relevant premises, means an agent of the landlord appointed to discharge any of the landlord’s obligations to the tenants represented by the recognised tenants’ association in question which relate to the management by him of those premises; and - “tenant” includes a statutory tenant; and for the purposes of this section any premises (whether a building or not) are relevant premises in relation to a recognised tenants’ association if any of the tenants represented by the association may be required under the terms of their leases to contribute by the payment of service charges to costs relating to those premises.

Management by registered housing associations

Extension of permissible objects of registered housing associations as regards the management of leasehold property

45

Part VI — Information to be Furnished to Tenants

Application of Part VI, etc.

46

• (1) This Part applies to premises which consist of or include a dwelling and are not held under a tenancy to which Part II of the Landlord and Tenant Act 1954 applies.

• (1A) But this Part does not apply if the dwelling is in Wales and is subject to an occupation contract (see section 7 of the Renting Homes (Wales) Act 2016 (anaw 1)).

• (2) In this Part “service charge” has the meaning given by section 18(1) of the 1985 Act.

• (3) In this Part “administration charge” has the meaning given by paragraph 1 of Schedule 11 to the Commonhold and Leasehold Reform Act 2002.

Landlord's name and address to be contained in demands for rent etc.

47

• (1) Where any written demand is given to a tenant of premises to which this Part applies, the demand must contain the following information, namely—

• (a) the name and address of the landlord, and

• (b) if that address is not in England and Wales, an address in England and Wales at which notices (including notices in proceedings) may be served on the landlord by the tenant.

• (2) Where—

• (a) a tenant of any such premises is given such a demand, but

• (b) it does not contain any information required to be contained in it by virtue of subsection (1),

then (subject to subsection (3)) any part of the amount demanded which consists of a service charge or an administration charge (“the relevant amount”) shall be treated for all purposes as not being due from the tenant to the landlord at any time before that information is furnished by the landlord by notice given to the tenant.

• (3) The relevant amount shall not be so treated in relation to any time when, by virtue of an order of any court or tribunal, there is in force an appointment of a receiver or manager whose functions include the receiving of service charges or (as the case may be) administration charges from the tenant.

• (4) In this section “demand” means a demand for rent or other sums payable to the landlord under the terms of the tenancy.

Notification by landlord of address for service of notices

48

• (1) A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.

• (2) Where a landlord of any such premises fails to comply with subsection (1), any rent , service charge or administration charge otherwise due from the tenant to the landlord shall (subject to subsection (3)) be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection.

• (3) Any such rent , service charge or administration charge shall not be so treated in relation to any time when, by virtue of an order of any court or tribunal, there is in force an appointment of a receiver or manager whose functions include the receiving of rent , service charges or (as the case may be) administration charges from the tenant.

Extension of circumstances in which notices are sufficiently served

49

In section 196 of the Law of Property Act 1925 (regulations respecting notices), any reference in subsection (3) or (4) to the last-known place of abode or business of the person to be served shall have effect, in its application to a notice to be served by a tenant on a landlord of premises to which this Part applies, as if that reference included a reference to—

• (a) the address last furnished to the tenant by the landlord in accordance with section 48, or

• (b) if no address has been so furnished in accordance with section 48, the address last furnished to the tenant by the landlord in accordance with section 47.

Continuation of former landlord's liability to tenant where no notice of assignment

50

In section 3 of the 1985 Act (duty to inform tenant of assignment of landlord’s interest) the following subsections shall be inserted after subsection (3)—

(3A) The person who was the landlord under the tenancy immediately before the assignment (“the old landlord”) shall be liable to the tenant in respect of any breach of any covenant, condition or agreement under the tenancy occurring before the end of the relevant period in like manner as if the interest assigned were still vested in him; and where the new landlord is also liable to the tenant in respect of any such breach occurring within that period, he and the old landlord shall be jointly and severally liable in respect of it. (3B) In subsection (3A) “the relevant period” means the period beginning with the date of the assignment and ending with the date when— (a) notice in writing of the assignment, and of the new landlord’s name and address, is given to the tenant by the new landlord (whether in accordance with subsection (1) or not), or (b) notice in writing of the assignment, and of the new landlord’s name and last-known address, is given to the tenant by the old landlord, whichever happens first.

Right of tenant to search proprietorship register for landlord's name and address

51

Part VII — General

Jurisdiction of county courts

52

• (1) The county court shall have jurisdiction to hear and determine any question arising under any provision to which this section applies (other than a question falling within the jurisdiction of the appropriate tribunal by virtue of section 13(1) or 31(1)).

• (2) This section applies to—

• (a) any provision of Parts I and 3;

• (b) any provision of section 42; and

• (c) any provision of sections 46 to 48.

• (3) Where any proceedings under any provision to which this section applies are being taken in the county court, the county court shall have jurisdiction to hear and determine any other proceedings joined with those proceedings, notwithstanding that the other proceedings would, apart from this subsection, be outside the court’s jurisdiction.

• (4) If a person takes any proceedings under any such provision in the High Court he shall not be entitled to recover any more costs of those proceedings than those to which he would have been entitled if the proceedings had been taken in the county court; and in any such case the taxing master shall have the same power of directing on what county court scale costs are to be allowed, and of allowing any item of costs, as the judge would have had if the proceedings had been taken in the county court.

• (5) Subsection (4) shall not apply where the purpose of taking the proceedings in the High Court was to enable them to be joined with any proceedings already pending before that court (not being proceedings taken under any provision to which this section applies).

Regulations and orders

53

• (1) Any power of the Secretary of State to make an order or regulations under this Act shall be exercisable by statutory instrument and may be exercised so as to make different provision for different cases, including different provision for different areas.

• (2) A statutory instrument containing—

• (a) an order made under section 1(5), 25(6)... or 55, or

• (b) any regulations made ... under section 20(4) or 35(2)(g) or 42Aor 49A,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) This section does not apply to any power to make regulations under section 42A.

Notices

54

• (1) Any notice required or authorised to be served under this Act—

• (a) shall be in writing; and

• (b) may be sent by post.

• (2) Any notice purporting to be a notice served under any provision of Part I or III by the requisite majority of any qualifying tenants (as defined for the purposes of that provision) shall specify the names of all of the persons by whom it is served and the addresses of the flats of which they are qualifying tenants.

• (3) The Secretary of State may by regulations prescribe—

• (a) the form of any notices required or authorised to be served under or in pursuance of any provision of Parts I to III, and

• (b) the particulars which any such notices must contain (whether in addition to, or in substitution for, any particulars required by virtue of the provision in question).

• (4) Subsection (3)(b) shall not be construed as authorising the Secretary of State to make regulations under subsection (3) varying any of the periods specified in section 5A(4) or (5), 5B(5) or (6), 5C(4) or (5), 5D(4) or (5) or 5E(3) (which accordingly can only be varied by regulations under section 20(4)).

Application to Isles of Scilly

55

This Act shall apply to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.

Crown land

56

• (1) Parts 1 and 3 and sections 42 to 42B (and so much of this Part as relates to those provisions) shall apply to a tenancy from the Crown if there has ceased to be a Crown interest in the land subject to it.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Where there exists a Crown interest in any land subject to a tenancy from the Crown and the person holding that tenancy is himself the landlord under any other tenancy whose subject-matter comprises the whole or part of that land, the provisions mentioned in subsection (1) shall apply to that other tenancy, and to any derivative sub-tenancy, notwithstanding the existence of that interest.

• (4) For the purposes of this section “tenancy from the Crown” means a tenancy of land in which there is, or has during the subsistence of the tenancy been, a Crown interest superior to the tenancy, and “Crown interest” means—

• (a) an interest comprised in the Crown Estate;

• (b) an interest belonging to Her Majesty in right of the Duchy of Lancaster;

• (c) an interest belonging to the Duchy of Cornwall;

• (d) any other interest belonging to a government department or held on behalf of Her Majesty for the purposes of a government department.

Financial provision

57

There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other Act.

Exempt landlords and resident landlords

58

• (1) In this Act “exempt landlord” means a landlord who is one of the following bodies, namely—

• (a) a district, county , county borough or London borough council, the Common Council of the City of London, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, the London Fire Commissioner, the Council of the Isles of Scilly, a police and crime commissioner, the Mayor's Office for Policing and Crime ... ..., a joint authority established by Part 4 of the Local Government Act 1985, an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 , a combined authority established under section 103 of that Act or a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

• (b) ... a development corporation established by an order made (or having effect as if made) under the New Towns Act 1981;

• (ba) a Mayoral development corporation;

• (c) an urban development corporation within the meaning of Part XVI of the Local Government, Planning and Land Act 1980;

• (ca) a housing action trust established under Part III of the Housing Act 1988.

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (dd) the Broads Authority;

• (de) a National Park authority;

• (df) the Homes and Communities Agency;

• (dg) the Greater London Authority so far as exercising its housing or regeneration functions or its new towns and urban development functions;

• (e) the Regulator of Social Housing;

• (ea) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) a housing trust (as defined in section 6 of the Housing Act 1985) which is a charity;

• (g) a non-profit private registered provider of social housing;

• (ga) a registered social landlord;

• (gb) a fully mutual housing association which is neither a private registered provider of social housing nor a registered social landlord;

• (h) an authority established under section 10 of the Local Government Act 1985 (joint arrangements for waste disposal functions).

• (1ZA) In this Act “exempt landlord”, in relation to social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008), includes a landlord which is a profit-making private registered provider of social housing.

• (1A) In subsection (1)(ga) “registered social landlord” has the same meaning as in the Housing Act 1985 (see section 5(4) and (5) of that Act).

• (1B) In subsection (1)(gb) “fully mutual housing association” has the same meaning as in the Housing Associations Act 1985 (see section 1(1) and (2) of that Act).

• (2) For the purposes of this Act the landlord of any premises consisting of the whole or part of a building is a resident landlord of those premises at any time if—

• (a) the premises are not, and do not form part of, a purpose-built block of flats; and

• (b) at that time the landlord occupies a flat contained in the premises as his only or principal residence; and

• (c) he has so occupied such a flat throughout a period of not less than 12 months ending with that time.

• (3) In subsection (2) “purpose-built block of flats” means a building which contained as constructed, and contains, two or more flats.

Meaning of "lease", "long lease" and related expressions

59

• (l) ln this Act “lease” and “tenancy” have the same meaning; and both expressions include—

• (a) a sub-lease or sub-tenancy, and

• (b) an agreement for a lease or tenancy (or for a sub-lease or sub-tenancy).

• (2) The expressions “landlord” and “tenant”, and references to letting, to the grant of a lease or to covenants or the terms of a lease shall be construed accordingly.

• (3) In this Act “long leas” means—

• (a) a lease granted for a term certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture;

• (b) a lease for a term fixed by law under a grant with a covenant or obligation for perpetual renewal, other than a lease by sub-demise from one which is not a long lease; or

• (c) a lease granted in pursuance of Part V of the Housing Act 1985 (the right to buy) , including a lease granted in pursuance of that Part as it has effect by virtue of section 17 of the Housing Act 1996 (the right to acquire).

General interpretation

60

• (1) In this Act—

• “the 1985 Act” means the Landlord and Tenant Act 1985;

• ... “charitable purposes”, in relation to a charity, means charitable purposes whether of that charity or of that charity and other charities;

• “common parts”, in relation to any building or part of a building, includes the structure and exterior of that building or part and any common facilities within it;

• “the court” means the High Court or the county court;

• “dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;

• “exempt landlord” has the meaning given by section 58(1);

• “flat” means a separate set of premises, whether or not on the same floor, which—forms part of a building, andis divided horizontally from some other part of that building, andis constructed or adapted for use for the purposes of a dwelling;

• “functional land”, in relation to a charity, means land occupied by the charity or by trustees for it, and wholly or mainly used for charitable purposes;

• “landlord” (except for the purposes of Part 1) means the immediate landlord or, in relation to a statutory tenant, the person who, apart from the statutory tenancy, would be entitled to possession of the premises subject to the tenancy;

• “lease” and related expressions shall be construed in accordance with section 59(1) and (2);

• “long lease” has the meaning given by section 59(3);

• “mortgage” includes any charge or lien, and references to a mortgagee shall be construed accordingly;

• “notices in proceedings” means notices or other documents served in, or in connection with, any legal proceedings;

• . . .

• “resident landlord” shall be construed in accordance with section 58(2);

• “statutory tenancy” and “statutory tenant” mean a statutory tenancy or statutory tenant within the meaning of the Rent Act 1977 or the Rent (Agriculture) Act 1976;

• “tenancy” includes a statutory tenancy.

• (1A) In this Act a reference to the Welsh Ministers in their new towns residuary capacity means the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consequential amendments and repeals

61

• (1) The enactments mentioned in Schedule 4 shall have effect subject to the amendments there specified (being amendments consequential on the preceding provisions of this Act).

• (2) The enactments mentioned in Schedule 5 are hereby repealed to the extent specified in the third column of that Schedule.

Short title, commencement and extent

62

• (1) This Act may be cited as the Landlord and Tenant Act 1987.

• (2) This Act shall come into force on such day as the Secretary of State may by order appoint.

• (3) An order under subsection (2)—

• (a) may appoint different days for different provisions or for different purposes; and

• (b) may make such transitional, incidental, supplemental or consequential provision or saving as the Secretary of State considers necessary or expedient in connection with the coming into force of any provision of this Act or the operation of any enactment which is repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.

• (4) This Act extends to England and Wales only.

SCHEDULE 1

Part I — Discharge In Pursuance Of Purchase Notices

Construction

1

In this Part of this Schedule—

• “the consideration payable” means the consideration payable to the purchaser for the disposal by him of the property referred to in section 12B(7);

• “the purchaser” has the same meaning as in section 12, and accordingly includes any person to whom that section applies by virtue of section 16(4) or (5); and

• “the nominated person” means the person or persons nominated as mentioned in section 12B(2).

Duty of nominated person to redeem mortgages

2

• (1) Where in accordance with section 12B(5)(a) an instrument will operate to discharge any property from a charge to secure the payment of money, it shall be the duty of the nominated person to apply the consideration payable, in the first instance, in or towards the redemption of any such charge (and, if there are more than one, then according to their priorities).

• (2) Where sub-paragraph (1) applies to any charge or charges, then if (and only if) the consideration payable is applied by the nominated person in accordance with that sub-paragraph or paid into court by him in accordance with paragraph 4, the instrument in question shall operate as mentioned in sub-paragraph (1) notwithstanding that the consideration payable is insufficient to enable the charge or charges to be redeemed in its or their entirety.

• (3) Subject to sub-paragraph (4), sub-paragraph (1) shall not apply to a charge which is a debenture holders’ charge, that is to say, a charge (whether a floating charge or not) in favour of the holders of a series of debentures issued by a company or other body of persons, or in favour of trustees for such debenture holders; and any such charge shall be disregarded in determining priorities for the purposes of sub-paragraph (1).

• (4) Sub-paragraph (3) above shall not have effect in relation to a charge in favour of trustees for debenture holders which at the date of the instrument by virtue of which the property is disposed of by the purchaser is (as regards that property) a specific and not a floating charge.

Determination of amounts due in respect of mortgages

3

• (1) For the purpose of determining the amount payable in respect of any charge under paragraph 2(1), a person entitled to the benefit of a charge to which that provision applies shall not be permitted to exercise any right to consolidate that charge with a separate charge on other property.

• (2) For the purpose of discharging any property from a charge to which paragraph 2(1) applies, a person may be required to accept three months or any longer notice of the intention to pay the whole or part of the principal secured by the charge, together with interest to the date of payment, notwithstanding that the terms of the security make other provision or no provision as to the time and manner of payment; but he shall be entitled, if he so requires, to receive such additional payment as is reasonable in the circumstances in respect of the costs of re-investment or other incidental costs and expenses and in respect of any reduction in the rate of interest obtainable on re-investment.

Payments into court

4

• (1) Where under section 12B(5)(a) any property is to be discharged from a charge and, in accordance with paragraph 2(1), a person is or may be entitled in respect of the charge to receive the whole or part of the consideration payable, then if—

• (a) for any reason difficulty arises in ascertaining how much is payable in respect of the charge, or

• (b) for any reason mentioned in sub-paragraph (2) below difficulty arises in making a payment in respect of the charge,

the nominated person may pay into court on account of the consideration payable the amount, if known, of the payment to be made in respect of the charge or, if that amount is not known, the whole of that consideration or such lesser amount as the nominated person thinks right in order to provide for that payment.

• (2) Payment may be made into court in accordance with sub-paragraph (1)(b) where the difficulty arises for any of the following reasons, namely—

• (a) because a person who is or may be entitled to receive payment cannot be found or ascertained;

• (b) because any such person refuses or fails to make out a title, or to accept payment and give a proper discharge, or to take any steps reasonably required of him to enable the sum payable to be ascertained and paid; or

• (c) because a tender of the sum payable cannot, by reason of complications in the title to it or the want of two or more trustees or for other reasons, be effected, or not without incurring or involving unreasonable cost or delay.

• (3) Without prejudice to sub-paragraph (1)(a), the whole or part of the consideration payable shall be paid into court by the nominated person if, before execution of the instrument referred to in paragraph 2(1), notice is given to him—

• (a) that the purchaser or a person entitled to the benefit of a charge on the property in question requires him to do so for the purpose of protecting the rights of persons so entitled, or for reasons related to the bankruptcy or winding up of the purchaser, or

• (b) that steps have been taken to enforce any charge on the purchaser’s interest in that property by the bringing of proceedings in any court, or by the appointment of a receiver or otherwise;

and where payment into court is to be made by reason only of a notice under this sub-paragraph, and the notice is given with reference to proceedings in a court specified in the notice other than the county court, payment shall be made into the court so specified.

Savings

5

• (1) Where any property is discharged by section 12B(5)(a) from a charge (without the obligations secured by the charge being satisfied by the receipt of the whole or part of the consideration payable), the discharge of that property from the charge shall not prejudice any right or remedy for the enforcement of those obligations against other property comprised in the same or any other security, nor prejudice any personal liability as principal or otherwise of the purchaser or any other person.

• (2) Nothing in this Schedule shall be construed as preventing a person from joining in the instrument referred to in paragraph 2(1) for the purpose of discharging the property in question from any charge without payment or for a lesser payment than that to which he would otherwise be entitled; and, if he does so, the persons to whom the consideration payable ought to be paid shall be determined accordingly.

Part II — Discharge In Pursuance Of Acquisition Orders

Construction

6

In this Part of this Schedule—

• “the consideration payable” means the consideration payable for the acquisition of the landlord’s interest referred to in section 32(1); and

• “the nominated person” means the person or persons nominated for the purposes of Part III by the persons who applied for the acquisition order in question.

Duty of nominated person to redeem mortgages

7

• (1) Where in accordance with section 32(1) an instrument will operate to discharge any premises from a charge to secure the payment of money, it shall be the duty of the nominated person to apply the consideration payable, in the first instance, in or towards the redemption of any such charge (and, if there are more than one, then according to their priorities).

• (2) Where sub-paragraph (1) applies to any charge or charges, then if (and only if) the consideration payable is applied by the nominated person in accordance with that sub-paragraph or paid into court by him in accordance with paragraph 9, the instrument in question shall operate as mentioned in sub-paragraph (1) notwithstanding that the consideration payable is insufficient to enable the charge or charges to be redeemed in its or their entirety.

• (3) Subject to sub-paragraph (4), sub-paragraph (1) shall not apply to a charge which is a debenture holders’ charge within the meaning of paragraph 2(3) in Part I of this Schedule; and any such charge shall be disregarded in determining priorities for the purposes of sub-paragraph (1).

• (4) Sub-paragraph (3) above shall not have effect in relation to a charge in favour of trustees for debenture holders which at the date of the instrument by virtue of which the landlord’s interest in the premises in question is acquired is (as regards those premises) a specific and not a floating charge.

Determination of amounts due in respect of mortgages

8

• (1) For the purpose of determining the amount payable in respect of any charge under paragraph 7(1), a person entitled to the benefit of a charge to which that provision applies shall not be permitted to exercise any right to consolidate that charge with a separate charge on other property.

• (2) For the purpose of discharging any premises from a charge to which paragraph 7(1) applies, a person may be required to accept three months or any longer notice of the intention to pay the whole or part of the principal secured by the charge, together with interest to the date of payment, notwithstanding that the terms of the security make other provision or no provision as to the time and manner of payment; but he shall be entitled, if he so requires, to receive such additional payment as is reasonable in the circumstances in respect of the costs of re-investment or other incidental costs and expenses and in respect of any reduction in the rate of interest obtainable on re-investment.

Payments into court

9

• (1) Where under section 32 any premises are to be discharged from a charge and, in accordance with paragraph 7(1), a person is or may be entitled in respect of the charge to receive the whole or part of the consideration payable, then if—

• (a) for any reason difficulty arises in ascertaining how much is payable in respect of the charge, or

• (b) for any reason mentioned in sub-paragraph (2) below difficulty arises in making a payment in respect of the charge,

the nominated person may pay into court on account of the consideration payable the amount, if known, of the payment to be made in respect of the charge or, if that amount is not known, the whole of that consideration or such lesser amount as the nominated person thinks right in order to provide for that payment.

• (2) Payment may be made into court in accordance with sub-paragraph (1)(b) where the difficulty arises for any of the following reasons, namely—

• (a) because a person who is or may be entitled to receive payment cannot be found or ascertained;

• (b) because any such person refuses or fails to make out a title, or to accept payment and give a proper discharge, or to take any steps reasonably required of him to enable the sum payable to be ascertained and paid; or

• (c) because a tender of the sum payable cannot, by reason of complications in the title to it or the want of two or more trustees or for other reasons, be effected, or not without incurring or involving unreasonable cost or delay.

• (3) Without prejudice to sub-paragraph (1)(a), the whole or part of the consideration payable shall be paid into court by the nominated person if, before execution of the instrument referred to in paragraph 7(1), notice is given to him—

• (a) that the landlord or a person entitled to the benefit of a charge on the premises in question requires him to do so for the purpose of protecting the rights of persons so entitled, or for reasons related to the bankruptcy or winding up of the landlord, or

• (b) that steps have been taken to enforce any charge on the landlord’s interest in those premises by the bringing of proceedings in any court, or by the appointment of a receiver or otherwise;

and where payment into court is to be made by reason only of a notice under this sub-paragraph, and the notice is given with reference to proceedings in a court specified in the notice other than the county court, payment shall be made into the court so specified.

Savings

10

• (1) Where any premises are discharged by section 32 from a charge (without the obligations secured by the charge being satisfied by the receipt of the whole or part of the consideration payable), the discharge of those premises from the charge shall not prejudice any right or remedy for the enforcement of those obligations against other property comprised in the same or any other security, nor prejudice any personal liability as principal or otherwise of the landlord or any other person.

• (2) Nothing in this Schedule shall be construed as preventing a person from joining in the instrument referred to in paragraph 7(1) for the purpose of discharging the premises in question from any charge without payment or for a lesser payment than that to which he would otherwise be entitled; and, if he does so, the persons to whom the consideration payable ought to be paid shall be determined accordingly.

SCHEDULE 2

Meaning of “service charge” and “relevant costs”

1

In section 18(1) of the 1985 Act, for “flat” substitute “ dwelling ”.

Limitation of service charges: reasonableness

2

In section 19 of the 1985 Act—

• (a) in subsection (3), for “flat” substitute “ dwelling ”; and

• (b) after subsection (4) add—

(5) If a person takes any proceedings in the High Court in pursuance of any of the provisions of this Act relating to service charges and he could have taken those proceedings in the county court, he shall not be entitled to recover any costs.

Limitation of service charges: estimates and consultation

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Additional limitations on service charges

4

The following sections shall be inserted in the 1985 Act after the section 20A inserted by paragraph 9 of Schedule 5 to the Housing and Planning Act 1986—

(20B) (1) If any of the relevant costs taken into account in determining the amount of any service charge were incurred more than 18 months before a demand for payment of the service charge is served on the tenant, then (subject to subsection (2)), the tenant shall not be liable to pay so much of the service charge as reflects the costs so incurred. (2) Subsection (1) shall not apply if, within the period of 18 months beginning with the date when the relevant costs in question were incurred, the tenant was notified in writing that those costs had been incurred and that he would subsequently be required under the terms of his lease to contribute to them by the payment of a service charge. (20C) (1) A tenant may make an application to the appropriate court for an order that all or any of the costs incurred, or to be incurred, by the landlord in connection with any proceedings are not to be regarded as relevant costs to be taken into account in determining the amount of any service charge payable by the tenant or any other person or persons specified in the application; and the court may make such order on the application as it considers just and equitable in the circumstances. (2) In subsection (1) “the appropriate court” means— (a) if the application is made in the course of the proceedings in question, the court before which the proceedings are taking place; and (b) if the application is made after those proceedings are concluded, a county court.

Request for summary of relevant costs

5

• (1) Section 21 of the 1985 Act shall be amended as follows.

• (2) In subsection (2), for the words from “there is” to “and the tenant” substitute “ the tenant is represented by a recognised tenants’ association and he ”.

• (3) In subsection (5), for the words from “how they are or will be” onwards substitute

how they have been or will be reflected in demands for service charges and, in addition, shall summarise each of the following items, namely— (a) any of the costs in respect of which no demand for payment was received by the landlord within the period referred to in subsection (1)(a) or (b), (b) any of the costs in respect of which— (i) a demand for payment was so received, but (ii) no payment was made by the landlord within that period, and (c) any of the costs in respect of which— (i) a demand for payment was so received, and (ii) payment was made by the landlord within that period, and specify the aggregate of any amounts received by the landlord down to the end of that period on account of service charges in respect of relevant dwellings and still standing to the credit of the tenants of those dwellings at the end of that period. (5A) In subsection (5) “relevant dwelling” means a dwelling whose tenant is either— (a) the person by or with the consent of whom the request was made, or (b) a person whose obligations under the terms of his lease as regards contributing to relevant costs relate to the same costs as the corresponding obligations of the person mentioned in paragraph (a) above relate to.

• (4) In subsection (6)—

• (a) for the words from the beginning to “another building” substitute “ If the service charges in relation to which the costs are relevant costs as mentioned in subsection (1) are payable by the tenants of more than four dwellings ”; and

• (b) for “requirement” substitute “ requirements ”.

Request to inspect supporting accounts etc.

6

In section 22 of the 1985 Act, after subsection (4) add—

(5) The landlord shall— (a) where such facilities are for the inspection of any documents, make them so available free of charge; (b) where such facilities are for the taking of copies or extracts, be entitled to make them so available on payment of such reasonable charge as he may determine. (6) The requirement imposed on the landlord by subsection (5)(a) to make any facilities available to a person free of charge shall not be construed as precluding the landlord from treating as part of his costs of management any costs incurred by him in connection with making those facilities so available.

Effect of assignment on request

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exception where rent is registered and not entered as variable

8

In section 27 of the 1985 Act, for “flat” substitute “ dwelling ”.

Meaning of “qualified accountant”

9

• (1) Section 28 of the 1985 Act shall be amended as follows.

• (2) In subsection (4)—

• (a) in paragraph (b), for “or employee” substitute “ , employee or partner ”; and

• (b) after paragraph (c) add—

(d) an agent of the landlord who is a managing agent for any premises to which any of the costs covered by the summary in question relate; (e) an employee or partner of any such agent.

• (3) After subsection (5) insert—

(5A) For the purposes of subsection (4)(d) a person is a managing agent for any premises to which any costs relate if he has been appointed to discharge any of the landlord’s obligations relating to the management by him of the premises and owed to the tenants who may be required under the terms of their leases to contribute to those costs by the payment of service charges.

Meaning of “recognised tenants’ association”

10

• (1) Section 29 of the 1985 Act shall be amended as follows.

• (2) In subsection (1), for “tenants of flats in a building” substitute “ qualifying tenants (whether with or without other tenants) ”.

• (3) In subsection (4), for “the building is situated” substitute “ the dwellings let to the qualifying tenants are situated, and for the purposes of this section a number of tenants are qualifying tenants if each of them may be required under the terms of his lease to contribute to the same costs by the payment of a service charge. ”

• (4) For subsection (5) substitute—

(5) The Secretary of State may by regulations specify— (a) the procedure which is to be followed in connection with an application for, or for the cancellation of, a certificate under subsection (1)(b); (b) the matters to which regard is to be had in giving or cancelling such a certificate; (c) the duration of such a certificate; and (d) any circumstances in which a certificate is not to be given under subsection (1)(b).

Definitions

11

In section 30—

• (a) omit the definition of “flat”; and

• (b) in the definition of “tenant”, for “flat” substitute “ dwelling ”.

SCHEDULE 3

Construction

1

In this Schedule—

• “landlord”, in relation to a tenant by whom a service charge is payable which includes an amount payable directly or indirectly for insurance, includes any person who has a right to enforce payment of that service charge;

• “relevant policy”, in relation to a dwelling, means any policy of insurance under which the dwelling is insured (being, in the case of a flat, a policy covering the building containing it); and

• “tenant” includes a statutory tenant.

Request for summary of insurance cover

2

• (1) Where a service charge is payable by the tenant of a dwelling which consists of or includes an amount payable directly or indirectly for insurance, the tenant may require the landlord in writing to supply him with a written summary of the insurance for the time being effected in relation to the dwelling.

• (2) If the tenant is represented by a recognised tenants’ association and he consents, the request may be made by the secretary of the association instead of by the tenant and may then be for the supply of the summary to the secretary.

• (3) A request is duly served on the landlord if it is served on—

• (a) an agent of the landlord named as such in the rent book or similar document, or

• (b) the person who receives the rent on behalf of the landlord;

and a person on whom a request is so served shall forward it as soon as may be to the landlord.

• (4) The landlord shall, within one month of the request, comply with it by supplying to the tenant or the secretary of the recognised tenants’ association (as the case may require) such a summary as is mentioned in sub-paragraph (1), which shall include—

• (a) the insured amount or amounts under any relevant policy, and

• (b) the name of the insurer under any such policy, and

• (c) the risks in respect of which the dwelling or (as the case may be) the building containing it is insured under any such policy.

• (5) In sub-paragraph (4)(a) “the insured amount or amounts”, in relation to a relevant policy, means—

• (a) in the case of a dwelling other than a flat, the amount for which the dwelling is insured under the policy; and

• (b) in the case of a flat, the amount for which the building containing it is insured under the policy and, if specified in the policy, the amount for which the flat is insured under it.

• (6) The landlord shall be taken to have complied with the request if, within the period mentioned in sub-paragraph (4), he instead supplies to the tenant or the secretary (as the case may require) a copy of every relevant policy.

• (7) In a case where two or more buildings are insured under any relevant policy, the summary or copy supplied under sub-paragraph (4) or (6) so far as relating to that policy need only be of such parts of the policy as relate—

• (a) to the dwelling, and

• (b) if the dwelling is a flat, to the building containing it.

Request to inspect insurance policy etc.

3

• (1) This paragraph applies where a tenant, or the secretary of a recognised tenants’ association, has obtained either—

• (a) such a summary as is referred to in paragraph 2(1), or

• (b) a copy of any relevant policy or of any such parts of any relevant policy as relate to the premises referred to in paragraph 2(7)(a) or (b),

whether in pursuance of paragraph 2 or otherwise.

• (2) The tenant, or the secretary with the consent of the tenant, may within six months of obtaining any such summary or copy as is mentioned in sub-paragraph (1)(a) or (b) require the landlord in writing to afford him reasonable facilities—

• (a) for inspecting any relevant policy,

• (b) for inspecting any accounts, receipts or other documents which provide evidence of payment of any premiums due under any such policy in respect of the period of insurance which is current when the request is made and the period of insurance immediately preceding that period, and

• (c) for taking copies of or extracts from any of the documents referred to in paragraphs (a) and (b).

• (3) Any reference in this paragraph to a relevant policy includes a reference to a policy of insurance under which the dwelling in question was insured for the period of insurance immediately preceding that current when the request is made under this paragraph (being, in the case of a flat, a policy covering the building containing it).

• (4) Subsections (3) to (6) of section 22 shall have effect in relation to a request made under this paragraph as they have effect in relation to a request made under that section.

Request relating to insurance effected by superior landlord

4

• (1) If a request is made under paragraph 2 in a case where a superior landlord has effected, in whole or in part, the insurance of the dwelling in question and the landlord to whom the request is made is not in possession of the relevant information—

• (a) he shall in turn make a written request for the relevant information to the person who is his landlord (and so on, if that person is not himself the superior landlord),

• (b) the superior landlord shall comply with that request within a reasonable time, and

• (c) the immediate landlord shall then comply with the tenant’s or secretary’s request in the manner provided by sub-paragraphs (4) to (7) of paragraph 2 within the time allowed by that paragraph or such further time, if any, as is reasonable in the circumstances.

• (2) If, in a case where a superior landlord has effected, in whole or in part, the insurance of the dwelling in question, a request under paragraph 3 relates to any policy of insurance effected by the superior landlord—

• (a) the landlord to whom the request is made shall forthwith inform the tenant or secretary of that fact and of the name and address of the superior landlord, and

• (b) that paragraph shall then apply to the superior landlord in relation to that policy as it applies to the immediate landlord.

Effect of assignment on request

5

The assignment of a tenancy does not affect the validity of a request made under paragraph 2, 3 or 4 before the assignment; but a person is not obliged to provide a summary or make facilities available more than once for the same dwelling and for the same period.

Failure to comply with paragraph 2, 3 or 4 an offence

6

• (1) It is a summary offence for a person to fail, without reasonable excuse, to perform a duty imposed on him by or by virtue of paragraph 2, 3 or 4.

• (2) A person committing such an offence is liable on conviction to a fine not exceeding level 4 on the standard scale.

Tenant’s right to notify insurers of possible claim

7

• (1) This paragraph applies to any dwelling in respect of which the tenant pays to the landlord a service charge consisting of or including an amount payable directly or indirectly for insurance.

• (2) Where—

• (a) it appears to the tenant of any such dwelling that damage has been caused—

• (i) to the dwelling, or

• (ii) if the dwelling is a flat, to the dwelling or to any other part of the building containing it,

in respect of which a claim could be made under the terms of a policy of insurance, and

• (b) it is a term of that policy that the person insured under the policy should give notice of any claim under it to the insurer within a specified period,

the tenant may, within that specified period, serve on the insurer a notice in writing stating that it appears to him that damage has been caused as mentioned in paragraph (a) and describing briefly the nature of the damage.

• (3) Where—

• (a) any such notice is served on an insurer by a tenant in relation to any such damage, and

• (b) the specified period referred to in sub-paragraph (2)(b) would expire earlier than the period of six months beginning with the date on which the notice is served,

the policy in question shall have effect as regards any claim subsequently made in respect of that damage by the person insured under the policy as if for the specified period there were substituted that period of six months.

• (4) Where the tenancy of a dwelling to which this paragraph applies is held by joint tenants, a single notice under this paragraph may be given by any one or more of those tenants.

• (5) The Secretary of State may by regulations prescribe the form of notices under this paragraph and the particulars which such notices must contain.

• (6) Any such regulations—

• (a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

• (b) shall be made by statutory instrument.

Right to challenge landlord’s choice of insurers

8

• (1) This paragraph applies to a tenancy of a dwelling which requires the tenant to insure the dwelling with an insurer nominated by the landlord.

• (2) Where, on an application made by the tenant under any such tenancy, the court is satisfied—

• (a) that the insurance which is available from the nominated insurer for insuring the tenant’s dwelling is unsatisfactory in any respect, or

• (b) that the premiums payable in respect of any such insurance are excessive,

the court may make either an order requiring the landlord to nominate such other insurer as is specified in the order or an order requiring him to nominate another insurer who satisfies such requirements in relation to the insurance of the dwelling as are specified in the order.

• (3) A county court shall have jurisdiction to hear and determine any application under this paragraph.

Exception for tenants of certain public authorities

9

• (1) Paragraphs 2 to 8 do not apply to a tenant of—

• a local authority,

• a new town corporation, or

• the Development Board for Rural Wales,

unless the tenancy is a long tenancy, in which case paragraphs 2 to 5 and 7 and 8 apply but paragraph 6 does not.

• (2) Subsections (2) and (3) of section 26 shall apply for the purposes of sub-paragraph (1) as they apply for the purposes of subsection (1) of that section.

SCHEDULE 4

Land Registration Act 1925 (c.21)

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government Act 1985 (c.51)

3

In Schedule 13 (provisions with respect to residuary bodies)—

• (a) in paragraph 24—

• (i) omit “and” in the second place where it occurs, and

• (ii) at the end add “ , andparagraph 9(1) of the Schedule. ”; and

• (b) at the end add—

(26) A residuary body shall be included among the bodies specified in section 58(1) of the Landlord and Tenant Act 1987.

Housing Act 1985 (c.68)

Housing Act 1985 (c.68)

4

In section 45 (disposals in relation to which ss.46 to 51 apply, etc.)—

• (a) in subsection (1), for paragraphs (a) to (c) substitute—

(a) the freehold of a house has been conveyed by a public sector authority; and (b) the conveyance enabled the vendor to recover from the purchaser a service charge.

; and

• (b) in subsection (2), omit the words from “(a) the” to “; and (b)”.

5

Omit section 49 (information held by superior landlord).

6

In section 50(1) (offences), omit “or 49”.

Housing Associations Act 1985 (c.69)

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5

Qualifying tenants to have rights of first refusal on disposals by landlord.

4A

• (1) The provisions of this Part apply to a contract to create or transfer an estate or interest in land, whether conditional or unconditional and whether or not enforceable by specific performance, as they apply in relation to a disposal consisting of the creation or transfer of such an estate or interest.

As they so apply—

• (a) references to a disposal of any description shall be construed as references to a contract to make such a disposal;

• (b) references to making a disposal of any description shall be construed as references to entering into a contract to make such a disposal; and

• (c) references to the transferee under the disposal shall be construed as references to the other party to the contract and include a reference to any other person to whom an estate or interest is to be granted or transferred in pursuance of the contract.

• (2) The provisions of this Part apply to an assignment of rights under such a contract as is mentioned in subsection (1) as they apply in relation to a disposal consisting of the transfer of an estate or interest in land.

As they so apply—

• (a) references to a disposal of any description shall be construed as references to an assignment of rights under a contract to make such a disposal;

• (b) references to making a disposal of any description shall be construed as references to making an assignment of rights under a contract to make such a disposal;

• (c) references to the landlord shall be construed as references to the assignor; and

• (d) references to the transferee under the disposal shall be construed as references to the assignee of such rights.

• (3) The provisions of this Part apply to a contract to make such an assignment as is mentioned in subsection (2) as they apply (in accordance with subsection (1)) to a contract to create or transfer an estate or interest in land.

• (4) Nothing in this section affects the operation of the provisions of this Part relating to options or rights of pre-emption.

5A

• (1) The following requirements must be met in relation to an offer notice where the disposal consists of entering into a contract to create or transfer an estate or interest in land.

• (2) The notice must contain particulars of the principal terms of the disposal proposed by the landlord, including in particular—

• (a) the property, and the estate or interest in that property, to which the contract relates,

• (b) the principal terms of the contract (including the deposit and consideration required).

• (3) The notice must state that the notice constitutes an offer by the landlord to enter into a contract on those terms which may be accepted by the requisite majority of qualifying tenants of the constituent flats.

• (4) The notice must specify a period within which that offer may be so accepted, being a period of not less than two months which is to begin with the date of service of the notice.

• (5) The notice must specify a further period of not less than two months within which a person or persons may be nominated by the tenants under section 6.

• (6) This section does not apply to the grant of an option or right of pre-emption (see section 5C).

5B

• (1) The following requirements must be met in relation to an offer notice where the landlord proposes to make the disposal by means of a sale at a public auction held in England and Wales.

• (2) The notice must contain particulars of the principal terms of the disposal proposed by the landlord, including in particular the property to which it relates and the estate or interest in that property proposed to be disposed of.

• (3) The notice must state that the disposal is proposed to be made by means of a sale at a public auction.

• (4) The notice must state that the notice constitutes an offer by the landlord, which may be accepted by the requisite majority of qualifying tenants of the constituent flats, for the contract (if any) entered into by the landlord at the auction to have effect as if a person or persons nominated by them, and not the purchaser, had entered into it.

• (5) The notice must specify a period within which that offer may be so accepted, being a period of not less than two months beginning with the date of service of the notice.

• (6) The notice must specify a further period of not less than 28 days within which a person or persons may be nominated by the tenants under section 6.

• (7) The notice must be served not less than four months or more than six months before the date of the auction; and—

• (a) the period specified in the notice as the period within which the offer may be accepted must end not less than two months before the date of the auction, and

• (b) the period specified in the notice as the period within which a person may be nominated under section 6 must end not less than 28 days before the date of the auction.

• (8) Unless the time and place of the auction and the name of the auctioneers are stated in the notice, the landlord shall, not less than 28 days before the date of the auction, serve on the requisite majority of qualifying tenants of the constituent flats a further notice stating those particulars.

5C

• (1) The following requirements must be met in relation to an offer notice where the disposal consists of the grant of an option or right of pre-emption.

• (2) The notice must contain particulars of the principal terms of the disposal proposed by the landlord, including in particular—

• (a) the property, and the estate or interest in that property, to which the option or right of pre-emption relates,

• (b) the consideration required by the landlord for granting the option or right of pre-emption, and

• (c) the principal terms on which the option or right of pre-emption would be exercisable, including the consideration payable on its exercise.

• (3) The notice must state that the notice constitutes an offer by the landlord to grant an option or right of pre-emption on those terms which may be accepted by the requisite majority of qualifying tenants of the constituent flats.

• (4) The notice must specify a period within which that offer may be so accepted, being a period of not less than two months which is to begin with the date of service of the notice.

• (5) The notice must specify a further period of not less than two months within which a person or persons may be nominated by the tenants under section 6.

5D

• (1) The following requirements must be met in relation to an offer notice where the disposal is not made in pursuance of a contract, option or right of pre-emption binding on the landlord.

• (2) The notice must contain particulars of the principal terms of the disposal proposed by the landlord, including in particular—

• (a) the property to which it relates and the estate or interest in that property proposed to be disposed of, and

• (b) the consideration required by the landlord for making the disposal.

• (3) The notice must state that the notice constitutes an offer by the landlord to dispose of the property on those terms which may be accepted by the requisite majority of qualifying tenants of the constituent flats.

• (4) The notice must specify a period within which that offer may be so accepted, being a period of not less than two months which is to begin with the date of service of the notice.

• (5) The notice must specify a further period of not less than two months within which a person or persons may be nominated by the tenants under section 6.

5E

• (1) This section applies where, in any case to which section 5 applies, the consideration required by the landlord for making the disposal does not consist, or does not wholly consist, of money.

• (2) The offer notice, in addition to complying with whichever is applicable of sections 5A to 5D, must state—

• (a) that an election may made under section 8C (explaining its effect), and

• (b) that, accordingly, the notice also constitutes an offer by the landlord, which may be accepted by the requisite majority of qualifying tenants of the constituent flats, for a person or persons nominated by them to acquire the property in pursuance of sections 11 to 17.

• (3) The notice must specify a period within which that offer may be so accepted, being a period of not less than two months which is to begin with the date of service of the notice.

8A

• (1) This section applies where the landlord is obliged to proceed and the offer notice was not one to which section 5B applied (sale by auction).

• (2) The landlord shall, within the period of one month beginning with the date of service of the notice of nomination, send to the nominated person a form of contract for the acquisition of the protected interest on the terms specified in the landlord’s offer notice.

• (3) If he fails to do so, the following provisions of this Part apply as if he had given notice under section 9B (notice of withdrawal by landlord) at the end of that period.

• (4) If the landlord complies with subsection (2), the nominated person shall, within the period of two months beginning with the date on which it is sent or such longer period beginning with that date as may be agreed between the landlord and that person, either—

• (a) serve notice on the landlord indicating an intention no longer to proceed with the acquisition of the protected interest, or

• (b) offer an exchange of contracts, that is to say, sign the contract and send it to the landlord, together with the requisite deposit.

In this subsection “the requisite deposit” means a deposit of an amount determined by or under the contract or an amount equal to 10 per cent of the consideration, whichever is the less.

• (5) If the nominated person—

• (a) serves notice in pursuance of paragraph (a) of subsection (4), or

• (b) fails to offer an exchange of contracts within the period specified in that subsection,