Commonhold and Leasehold Reform Act 2002
Commonhold and Leasehold Reform Act 2002 (2002 c. 15)
- Commonhold and Leasehold Reform Act 2002 (2002 c. 15)
- Part 1 Commonhold
- Nature of commonhold
- 1 Commonhold land
- Registration
- 2 Application
- 3 Consent
- 4 Land which may not be commonhold
- 5 Registered details
- 6 Registration in error
- Effect of registration
- 7 Registration without unit-holders
- 8 Transitional period
- 9 Registration with unit-holders
- 10 Extinguished lease: liability
- Commonhold unit
- 11 Definition
- 12 Unit-holder
- 13 Joint unit-holders
- 14 Use , maintenance and building safety
- 15 Transfer
- 16 Transfer: effect
- 17 Leasing: residential
- 18 Leasing: non-residential
- 19 Leasing: supplementary
- 20 Other transactions
- 21 Part-unit: interests
- 22 Part–unit: charging
- 23 Changing size
- 24 Changing size: charged unit
- Common parts
- 25 Definition
- 26 Use , maintenance and building safety
- 27 Transactions
- 28 Charges: general prohibition
- 29 New legal mortgages
- 30 Additions to common parts
- Commonhold community statement
- 31 Form and content: general
- 32 Regulations
- 33 Amendment
- Commonhold association
- 34 Constitution
- 35 Duty to manage
- 36 Voting
- Operation of commonhold
- 37 Enforcement and compensation
- 38 Commonhold assessment
- 38A Building safety assessment
- 39 Reserve fund
- 40 Rectification of documents
- 41 Enlargement
- 42 Ombudsman
- Termination: voluntary winding-up
- 43 Winding-up resolution
- 44 100 per cent. agreement
- 45 80 per cent. agreement
- 46 Termination application
- 47 Termination statement
- 48 The liquidator
- 49 Termination
- Termination: winding-up by court
- 50 Introduction
- 51 Succession order
- 52 Assets and liabilities
- 53 Transfer of responsibility
- 54 Termination of commonhold
- Termination: miscellaneous
- 55 Termination by court
- 56 Release of reserve fund
- Miscellaneous
- 57 Multiple site commonholds
- 58 Development rights
- 59 Development rights: succession
- 60 Compulsory purchase
- 61 Home rights
- 62 Advice etc.
- 63 The Crown
- General
- 64 Orders and regulations
- 65 Registration procedure
- 66 Jurisdiction
- 67 The register
- 68 Amendments
- 69 Interpretation
- 70 Index of defined expressions
- Part 2 Leasehold reform
- Chapter 1 Right to manage
- Introductory
- 71 The right to manage
- Qualifying rules
- 72 Premises to which Chapter applies
- 73 RTM companies
- 74 RTM companies: membership and regulations
- 75 Qualifying tenants
- 76 Long leases
- 77 Long leases: further provisions
- Claim to acquire right
- 78 Notice inviting participation
- 79 Notice of claim to acquire right
- 80 Contents of claim notice
- 81 Claim notice: supplementary
- 82 Right to obtain information
- 83 Right of access
- 84 Counter-notices
- 85 Landlords etc. not traceable
- 86 Withdrawal of claim notice
- 87 Deemed withdrawal
- 87A Costs: general
- 87B Power of tribunal to order costs where claim ceases
- 88 Costs: general
- 89 Costs where claim ceases
- Acquisition of right
- 90 The acquisition date
- 91 Notices relating to management contracts
- 92 Duties to give notice of contracts
- 93 Duty to provide information
- 94 Duty to pay accrued uncommitted service charges
- Exercising right
- 95 Introductory
- 96 Management functions under leases
- 97 Management functions: supplementary
- 98 Functions relating to approvals
- 99 Approvals: supplementary
- 100 Enforcement of tenant covenants
- 101 Tenant covenants: monitoring and reporting
- 102 Statutory functions
- 103 Landlord contributions to service charges
- Supplementary
- 104 Registration
- 105 Cessation of management
- 106 Agreements excluding or modifying right
- 107 Power of tribunal to order compliance
- 108 Application to Crown
- 109 Powers of trustees in relation to right
- 110 Power to prescribe procedure
- 111 Notices
- Interpretation
- 112 Definitions
- 113 Index of defined expressions
- Chapter 2 Collective enfranchisement by tenants of flats
- Introductory
- 114 Amendments of right to collective enfranchisement
- Qualifying rules
- 115 Non-residential premises
- 116 Premises including railway track
- 117 Qualifying leases
- 118 Premises with resident landlord
- 119 Proportion of tenants required to participate
- 120 Abolition of residence condition
- Exercise of right
- 121 Right exercisable only by RTE company
- 122 RTE companies
- 123 Invitation to participate
- 124 Consequential amendments
- 125 Right of access
- Purchase price
- 126 Valuation date
- 127 Freeholder’s share of marriage value
- 128 Disregard of marriage value in case of very long leases
- Chapter 3 New leases for tenants of flats
- Introductory
- 129 Amendments of right to acquire new lease
- Qualifying rules
- 130 Replacement of residence test
- 131 Qualifying leases
- 132 Personal representatives
- 133 Crown leases
- Purchase price
- 134 Valuation date
- 135 Landlord’s share of marriage value
- 136 Disregard of marriage value in case of very long leases
- Chapter 4 Leasehold houses
- Introductory
- 137 Amendments of 1967 Act
- Qualifying rules
- 138 Abolition of residence test
- 139 Reduction of qualifying period as tenant etc
- 140 Exclusion of certain business tenancies
- 141 Tenancies not at low rent
- 142 Personal representatives
- 143 Abolition of limits on rights after lease extension
- 144 Exclusion of shared ownership leases
- Purchase price
- 145 Tenant’s share of marriage value
- 146 Disregard of marriage value in case of very long leases
- 147 Purchase price for enfranchisement during lease extension
- Absent landlords
- 148 Applications to be to county court
- 149 Valuation by leasehold valuation tribunal
- Chapter 5 Other provisions about leases
- Service charges, administration charges etc.
- 150 Extending meaning of service charge and management etc
- 151 Consultation about service charges
- 152 Statements of account
- 153 Notice to accompany demands for service charges
- 154 Inspection etc. of documents
- 155 Liability to pay service charges: jurisdiction
- 156 Service charge contributions to be held in separate account
- 157 Service charges: minor and consequential amendments
- 158 Administration charges
- 159 Charges under estate management schemes
- Managers appointed by ... tribunal
- 160 Third parties with management responsibilities
- 161 Restriction of resident landlord exception
- Variation of leases
- 162 Grounds for application by party to lease
- 163 Transfer of jurisdiction of court to tribunal
- Insurance
- 164 Insurance otherwise than with landlord’s insurer
- 165 Extension of right to challenge landlord’s choice of insurer
- Ground rent
- 166 Requirement to notify long leaseholders that rent is due
- Forfeiture of leases of dwellings
- 167 Failure to pay small amount for short period
- 168 No forfeiture notice before determination of breach
- 169 Section 168: supplementary
- 170 Forfeiture for failure to pay service charge etc
- 171 Power to prescribe additional or different requirements
- Crown application
- 172 Application to Crown
- Chapter 6 Leasehold valuation tribunals
- 173 Leasehold valuation tribunals
- 174 Procedure
- 175 Appeals
- 176 Consequential amendments
- Chapter 6A First-Tier Tribunal and Upper Tribunal
- 176A. Transfer from court to First-tier Tribunal
- 176B. Appeals from the First-tier Tribunal
- 176C. Enforcement
- Chapter 7 General
- 177 Wales
- 178 Orders and regulations
- 179 Interpretation
- Part 3 Supplementary
- 180 Repeals
- 181 Commencement etc
- 182 Extent
- 183 Short title
- SCHEDULES
- SCHEDULE 1 Application for registration: documents
- Introduction
- Commonhold association documents
- Commonhold community statement
- Consent
- Certificate
- SCHEDULE 2 Land which may not be commonhold land
- “Flying freehold”
- Agricultural land
- Contingent title
- SCHEDULE 3 Commonhold association
- Part 1 Articles of Association
- Introduction
- Form and content
- Alteration
- Disapplication of Companies Act 1985
- Part 2 Membership
- Pre-commonhold period
- Transitional period
- Unit-holders
- Joint unit-holders
- Self-membership
- No other members
- Effect of registration
- Termination of membership
- Register of members
- Supplementary provisions
- Part 3 Miscellaneous
- Name
- Statement of compliance
- SCHEDULE 4 Development rights
- Introductory
- Works
- Marketing
- Variation
- Commonhold association
- SCHEDULE 5 Commonhold: consequential amendments
- Law of Property Act 1922 (c. 16)
- Law of Property Act 1925 (c. 20)
- Limitation Act 1980 (c. 58)
- Housing Act 1985 (c. 68)
- Insolvency Act 1986 (c. 45)
- Law of Property (Miscellaneous Provisions) Act 1994 (c. 36)
- Trusts of Land and Appointment of Trustees Act 1996 (c. 47)
- SCHEDULE 6 Premises excluded from right to manage
- Buildings with substantial non-residential parts
- Buildings with self-contained parts in different ownership
- Premises with resident landlord and no more than four units
- Premises owned by local housing authority
- Premises in relation to which rights previously exercised
- SCHEDULE 7 Right to manage: statutory provisions
- Covenants not to assign etc.
- Defective premises
- Repairing obligations : England
- Repairing obligations: Wales
- Service charges
- Right to request information on insurance
- Managing agents
- Right of first refusal
- Appointment of manager
- Right to acquire landlord’s interest
- Variation of leases
- Service charges to be held in trust
- Information to be furnished to tenants
- Statutory duties relating to certain covenants
- Tenants’ right to management audit
- Right to appoint surveyor
- Administration charges
- SCHEDULE 8 Enfranchisement by company: amendments
- Land Compensation Act 1973 (c. 26)
- Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
- SCHEDULE 9 Meaning of service charge and management
- Loans in respect of service charges
- Service charges
- Appointment of manager
- Right to acquire landlord’s interest
- Tenants’ right to management audit
- Codes of management practice
- Right to appoint surveyor
- Power to amend certain provisions
- SCHEDULE 10 Service charges: minor and consequential amendments
- Information held by superior landlord
- Change of landlord
- Assignment
- Offences
- Exceptions
- Accountants
- Insurance
- Service charge contributions: appointment of manager
- Trust of service charges paid by only one tenant
- Management audit
- SCHEDULE 11 Administration charges
- Part 1 Administration charges
- Meaning of “administration charge”
- Reasonableness of administration charges
- No administration charge payable for certain rents
- Application for order varying lease
- Notice in connection with demands for administration charges
- Liability to pay administration charges
- Limitation of administration charges: costs of proceedings
- Interpretation
- Part 2 Amendments of Landlord and Tenant Act 1987
- SCHEDULE 12 Leasehold valuation tribunals: procedure
- Procedure regulations
- Applications
- Transfers
- Information
- Pre-trial reviews
- Parties
- Dismissal
- Determination without hearing
- Fees
- Costs
- Enforcement
- SCHEDULE 13 Leasehold valuation tribunals: amendments
- Leasehold Reform Act 1967 (c. 88)
- Housing Act 1980 (c. 51)
- Landlord and Tenant Act 1987 (c. 31)
- Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
- Housing Act 1996 (c. 52)
- SCHEDULE 14 Repeals
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