Office of Public Sector Information
Section 108.
1 In this Schedule—
“transferred property” means property which is the subject of a grant under section 104(1)(a) of this Act;
“transferee”, in relation to any transferred property, means the person to whom the grant is made;
“conveyance” means the instrument by which the grant is effected; and
other expressions have the same meaning as in section 104 of this Act.
2 (1) Where a landlord makes a grant of transferred property, it shall ensure—
(a) that the conveyance contains a statement that the grant is made under section 104(1)(a) of this Act; and
(b) that all deeds and other documents relating to land (including, in the case of registered land, the land certificate) which are in its possession or under its control and which the transferee reasonably requires on or in connection with the grant of the transferred property are made available to him for this purpose.
(2) Where the landlord’s title to the whole or any part of the transferred property is not registered—
(a) section 123 of the [1925 c. 21.] Land Registration Act 1925 (compulsory registration of title) applies in relation to the conveyance whether or not the transferred property is in an area in which an Order in Council under section 120 of that Act (areas of compulsory registration) is in force; and
(b) the landlord shall give the transferee a certificate stating that it is entitled to convey the freehold subject only to such incumbrances, rights and interests as are stated in the conveyance or summarised in the certificate.
(3) The Chief Land Registrar shall, for the purpose of the registration of title, accept such a certificate as is referred to in sub-paragraph (2)(b) above as sufficient evidence of the facts stated in it; but if as a result he has to meet a claim under the Land Registration Acts 1925 to 1986 the landlord is liable to indemnify him.
(4) On an application being made for registration of a disposition of registered land or, as the case may be, of the transferee’s title under a disposition of unregistered land, the Chief Land Registrar shall, if the conveyance contains the statement required by sub-paragraph (1)(a) above, enter in the register a restriction stating the requirement under section 105 of this Act of consent to subsequent disposals.
(5) Any reference in the preceding provisions of this paragraph to a statement or a certificate is a reference to a statement or, as the case may be, certificate in a form approved by the Chief Land Registrar.
3 (1) If a lease granted under section 104(1)(b) of this Act comes to an end in such circumstances as may be prescribed, the public sector landlord which was the lessee under the lease shall, at such time as may be prescribed, furnish to the Chief Land Registrar such statement as may be prescribed.
(2) In any case where—
(a) under section 104(1)(b) of this Act the applicant has granted a lease of a flat (in this sub-paragraph referred to as “the landlord’s lease”), and
(b) under Part V of the [1985 c. 68.] Housing Act 1985 (the right to buy) a lease of the flat (in this sub-paragraph referred to as “the right to buy lease”) has been granted to a qualifying tenant, and
(c) by virtue of requirements prescribed under section 104(2) of this Act and related to the grant of the right to buy lease, the landlord’s lease comes to an end,
then, notwithstanding anything in section 64 of the Land Registration Act 1925 (production of land certificate), notice of the grant of the right to buy lease may be entered in the register without production of the applicant’s land certificate, but without prejudice to the power of the Chief Land Registrar to compel production of the certificate.
Section 119.
1 In Part I of the [1987 c. 31.] Landlord and Tenant Act 1987 (tenants' rights of first refusal), in section 2 (landlords for the purposes of Part I), in subsection (1) after “(2)” there shall be inserted “and section 4(1A)”.
2 (1) In section 3 of that Act (qualifying tenants), in subsection (1) (paragraphs (a) to (c) of which exclude certain tenants) the word “or” immediately preceding paragraph (c) shall be omitted and at the end of that paragraph there shall be added “or
(d) an assured tenancy or assured agricultural occupancy within the meaning of Part I of the Housing Act 1988”.
(2) In subsection (2) of that section (which excludes persons having interests going beyond a particular flat), for paragraphs (a) and (b) there shall be substituted the words “by virtue of one or more tenancies none of which falls within paragraphs (a) to (d) of subsection (1), he is the tenant not only of the flat in question but also of at least two other flats contained in those premises”; and in subsection (3) of that section for “(2)(b)” there shall be substituted “(2)”.
3 (1) In section 4 of that Act (relevant disposals) after subsection (1) there shall be inserted the following subsection—
“(1A) Where an estate or interest of the landlord has been mortgaged, the reference in subsection (1) above to the disposal of an estate or interest by the landlord includes a reference to its disposal by the mortgagee in exercise of a power of sale or leasing, whether or not the disposal is made in the name of the landlord; and, in relation to such a proposed disposal by the mortgagee, any reference in the following provisions of this Part to the landlord shall be construed as a reference to the mortgagee.”
(2) In subsection (2) of that section, in paragraph (a), at the end of sub-paragraph (i) there shall be inserted “or”, sub-paragraph (ii) shall be omitted and at the end of that paragraph there shall be inserted—
“(aa) a disposal consisting of the creation of an estate or interest by way of security for a loan”.
4 (1) In Part III of that Act (compulsory acquisition by tenants of their landlord’s interest), in section 26 (qualifying tenants), in subsection (2) (which excludes persons having interests going beyond a particular flat) for the words following “if” there shall be substituted “by virtue of one or more long leases none of which constitutes a tenancy to which Part II of the Landlord and Tenant Act 1954 applies, he is the tenant not only of the flat in question but also of at least two other flats contained in those premises”.
(2) At the end of the said section 26 there shall be added the following subsection—
“(4) For the purposes of subsection (2) any tenant of a flat contained in the premises in question who is a body corporate shall be treated as the tenant of any other flat so contained and let to an associated company, as defined in section 20(1).”
5 In Part IV of that Act (variation of leases), for subsections (6) and (7) of section 35 (which make provision about long leases) there shall be substituted the following subsection—
“(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.”
6 In section 40 (application for variation of insurance provisions of lease of dwelling other than a flat) for subsection (4) (which makes provision about long leases) there shall be substituted the following subsections—
“(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).”
7 In Part VII of that Act (general), in section 58 (exempt landlords), in subsection (1) after paragraph (c) there shall be inserted the following paragraph—
“(ca) a housing action trust established under Part III of the Housing Act 1988.”
Housing Act 1988