11(2)(b); S.I. P1Power of appointment conferred by s. 62(2) fully exercised: S.I. 2008/3068, art. 52; S.I. The reference in subsection (2) to the management of any premises includes a reference to the repair, maintenance, improvement or insurance of those premises. Nothing in this section shall be construed as authorising the court to discharge an acquisition order where the landlord’s interest has already been acquired in pursuance of the order. (6)Nothing in this section shall be construed as authorising [F142the appropriate tribunal] to determine any terms dealing with matters in relation to which provision is made by section 32 or 33. (3)Where the landlord has discharged any duty imposed on him by subsection (1) but any such consent as is there mentioned has been withheld, and no such declaration as is there mentioned has been made, the landlord may serve a notice on the nominated person stating that to be the case. IV para. references to the transferee under the disposal shall be construed as references to the assignee of such rights. 2(a), F161Words in s. 38(6) substituted (30.9.2003 for E.) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. Where notice of withdrawal is given by the nominated person under this section, the landlord may, during the period of 12 months beginning with the date of service of the notice, dispose of the protected interest to such person as he thinks fit, but subject to the following restrictions. . That is what the tenant signed up for. Where a purchaser is entitled to serve a notice under subsection (1) but does not do so, this Part shall continue to have effect in relation to him in connection with the original disposal as if the premises in question were still premises to which this Part applies. . 24(2B) inserted (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. The Schedule to this Act (which confers on tenants certain rights with respect to the insurance of their dwellings) shall have effect. (5)In this section “dwelling” means a dwelling other than a flat. 1 Pt. 2(b)(i) (subject to Sch. Notices served by prospective purchasers to ensure that rights of first refusal do not arise. 3-11), F215S. Offer notice: requirements in case of grant or option or right of pre-emption. Right to information as to terms of disposal, &c. Right of qualifying tenants to take benefit of contract. 13. . 2017/470), art. 2(2) (with Sch. 2); S.I. Discharge of acquisition order and withdrawal by tenants. 2002/1912, art. If a person fails, without reasonable excuse, to comply with a duty imposed on him by or by virtue of section 42A he commits an offence. in contravention of any prohibition or restriction imposed by sections 6 to 10. 23(2) repealed (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. “associated company”, in relation to a body corporate, means another body corporate which is (within the meaning of [F66section 1159 of the Companies Act 2006]) that body’s holding company, a subsidiary of that body or another subsidiary of that body’s holding company; [F67“constituent flat” shall be construed in accordance with section 5(1) or 11(2), as the case may require;]. 3), F95Words in s. 23(1) substituted (26.7.2002 for E. and 1.1.2003 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 160(3); S.I. 2002/1912, art. 1996/2212, art. Enforcement by tenants of rights against purchaser, Circumstances in which tenants’ rights enforceable against purchaser, The following provisions of this Part apply where a landlord has made a relevant disposal affecting premises to which at the time of the disposal this Part applied (“the original disposal”), and either—, no notice was served by the landlord under section 5 with respect to that disposal, or. in any other case, with the date by which—, Landlord and Tenant Act 1985 (duty of new landlord to inform tenants of rights) relating to the original disposal, or. where the order includes provision requiring the property concerned to be offered for sale to a person or class of persons specified in the order;]. 58. 2009/1307), The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. . 2004/3056, art. F26Ss. 2(c) (with art. 2(a); S.I. II; S.I. 1 para. 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. Appointing a Building Manager Under the Landlord and Tenant Act 1987. 8B. . 2013/1036), art. 71(b) (with Sch. 1996/2212, art. 15(3); S.I. 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(7) (with arts. “qualifying tenant”, in relation to a flat, shall be construed in accordance with section 3; “relevant disposal” shall be construed in accordance with section 4; “the requisite majority”, in relation to qualifying tenants, shall be construed in accordance with [F75section 18A]; “transferee”, in relation to a disposal, shall be construed in accordance with section 4(3). . 2); S.I. The landlord shall, within the period of one month beginning with the date of service of notice of nomination, either—, serve notice on the nominated person indicating an intention no longer to proceed with the disposal of the protected interest, or. . Part VI Information to be Furnished to Tenants. if one or more of the dwellings concerned is in Wales, a leasehold valuation tribunal. (b)they subsequently become included within the functional land of any charity. 2013/1036), art. 2(2) (with Sch. . The “protected period” is the period beginning with the date of service of the acceptance notice and ending with—, the end of the period specified in the offer notice as the period for nominating a person under this section, or. 1 para. it does not contain any information required to be contained in it by virtue of subsection (1), The relevant amount shall not be so treated in relation to any time when, by virtue of an order of any court, or (as the case may be) administration charges, Words in s. 47(2) inserted (30.9.2003 for E., 30.3.2004 for W.) by, Words in s. 47(3) inserted (30.9.2003 for E., 30.3.2004 for W.) by. 18 Pt. ), F73Definition of “purchase notice” in s. 20(1) substituted (1.10.1996) by 1996 c. 52, s. 92(1), Sch. 6 Pt. Offer notice: requirements in case of conveyance not preceded by contract, &c. Offer notice: disposal for non-monetary consideration. Options to go to these specific points in time where a change occurred s. 12B 2. 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