Legislation

Legislative Developments: Consultation provisions: dispensation Apr 8, 2010: Where a landlord carries out qualifying works to a building, or enters a qualifying long term agreement (QLTA) for the provision of services (or works projects under the agreement), the recoverable service charges are capped at £250 per leaseholder (works) or £100 per leaseholder (QLTA) unless the landlord has either:

Legislative Developments - Collective Enfranchisement/ Lease Extension Apr 8, 2010: The right to collective enfranchisement and to an individual lease extension requires the tenant(s) to serve an notice claiming the right (s.13, Leasehold Reform, Housing and Urban Development Act 1993 and s.42, 1993 Act, respectively).

Right to Enfranchise (RTE) Provisions - consultation: Summary of responses Apr 8, 2010: The Commonhold and Leasehold Reform Act 2002 also introduced various amendments to the right to collective enfranchisement.

The Right to Manage (Prescribed Particulars and Forms) (England) Regulations 2010 S.I. 2010/825 Apr 6, 2010: The Commonhold and Leasehold Reform Act 2002 created a new right for qualifying tenants to acquire the management of the building containing their flats; such a right was to be exercised through the vehicle of a "Right to Manage" company (RTM company).

Legislative developments - Enfranchisement under the Leasehold Reform Act 1967 Aug 25, 2009: Enfranchisement under the Leasehold Reform Act 1967
Shared ownership leases usually provide for the tenant to acquire an initial interest in the property and then to purchase the remainder over a period of time. In appropriate circumstances it may be possible for someone to be a “shared ownership” tenant and, at the same time, be entitled to exercise a right to enfranchise under the Leasehold Reform Act 1967.

Legislative Developments Jun 22, 2009: On 1 June 2009, the Lands Tribunal was merged into the new Tribunal structure for England and Wales. The Lands Tribunal is now called the Upper Tribunal (Land Chamber).

The Housing (Right to Buy)(Service Charges)(Amendment)(England) Order 2008 Apr 7, 2008: Certain tenants of certain public bodies, (mainly local housing authorities) are entitled to exercise the right to buy.

Service Charge Regulations Dec 19, 2007: Service Charge (Summary of Rights and Obligations and Transitional Provisions) (Wales) Regulations 2007

These Regulations prescribe the content of the summary of rights and obligations which must accompany demands for service charges in respect of properties in Wales.

The Administration Charges (Summary of Rights and Obligations) (England) Regulations 2007 May 22, 2007: As above, these Regulations come into force on 1 Oct 07 and apply to any demand for an administration charge which is served in relation to a dwelling in England after that date. Any demand for an administration charge must be headed “Administration Charges – Summary of tenant’s rights and obligations” and in a typewritten or printed form of at least a point 10 typeface, must contain the following statement:

The Service Charges (Summary of Rights and Obligations, and Transitional Provision) (England) Regulations 2007 May 22, 2007: These Regulations contain the text of the information which must be included, by virtue of s.153 Commonhold and Leasehold Reform Act 2002. They do not apply to local authorities, National Park Authorities or a new town corporation.

Commonhold and Leasehold Reform Act 2002 (Commencement No. 6) (England) Order 2007 May 22, 2007: Section 153 Commonhold and Leasehold Reform Act 2002 shall come into force on 1 October 2007.

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