1 Citation, commencement and extent

(1)    These Regulations may be cited as the Leasehold Reform (Notices) (Amendment) (Wales) Regulations 2002 and shall come into force on 1st January 2003.

(2)    These Regulations apply to Wales only.

NOTES
Initial Commencement
Specified date

Specified date: 1 January 2003: see para (1) above.

2 Amendments

2Amendments

In the Schedule to the Leasehold Reform (Notices) Regulations 1997—

(a)    for Form 1, substitute Form 1 in the Schedule to these Regulations; and

(b)    for Form 2, substitute Form 2 in that Schedule.

NOTES
Initial Commencement
Specified date

Specified date: 1 January 2003: see reg 1(1).

3 Application

3Application

These Regulations shall only apply to cases where a notice under Part 1 of the Leasehold Reform Act 1967 (tenant's notice of desire to have or claim to be entitled to acquire the freehold or an extended lease) was given on or after the date these Regulations come into force.

NOTES
Initial Commencement
Specified date

Specified date: 1 January 2003: see reg 1(1).

Signature

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998

D Elis-Thomas

The Presiding Officer of the National Assembly

18th December 2002

SCHEDULE

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations amend the Leasehold Reform (Notices) Regulations 1997 and provide new forms of notices to be used by tenants applying for enfranchisement and extension of long leaseholds under the Leasehold Reform Act 1967. The new forms are to be used for applications made on or after 1st January 2003. Forms which are substantially to the same effect as those prescribed may also be used.

Most of the amendments are consequential on those made to the Leasehold Reform Act 1967 by Chapter 4 of Part 2 of the Commonhold and Leasehold Reform Act 2002 which introduced the following changes to the qualifying rules for enfranchisement and lease extension:

(i)    abolition of the residence test, subject to certain exceptions;

(ii)    a new requirement that the tenant must have held the lease for two years;

(iii)    abolition of the low rent test;

(iv)    the right to buy the freehold within the term of a lease extension;

(v)    new rights and qualifying rules for personal representatives of a deceased leaseholder.

There are also minor drafting amendments.

Personal Representatives & Administration of Estates99 Succession Law & Estate Planning99