housing act 1985 paragraph 2 schedule 6

9(1)The conveyance shall be of an estate in fee simple absolute, subject to—E+W. . 16E inserted (11.10.1993) by. . II para. (b)such provisions (if any) as the landlord may require for the purpose of making the dwelling-house subject to rights of way necessary for the reasonable enjoyment of other property, being property in which at the relevant time the landlord has an interest, or to rights of way granted or agreed to be granted before the relevant time by the landlord or by the person then entitled to the reversion on the tenancy. Ground 1 comes under section 8 of the Housing Act 1988 and appears in schedule 2 In order to apply this clause two things need to happen: (1) your tenancy agreement should include a clause referring to ground 1 and that this may be involved, and (2) the tenant, prior to the start of the tenancy, must be served a notice explaining ground 1 and stating that the letting is on the basis that ground one … NOTICE UNDER SECTION 19 OF INTENTION TO RAISE PROCEEDINGS FOR POSSESSION. 16E inserted (11.10.1993) by 1993 c. 28, s. 116(2); S.I. (a) the three years referred to in subsection (2) shall begin from a date which precedes the date of the conveyance of the freehold or grant of the lease by a period equal to the time (or, if there is more than one such notice, the aggregate of the times) during which, by virtue of section 153B, any payment of rent falls to be taken into account in accordance with subsection (3) of that section; and 200 provisions and might take some time to download. . an interest derived, directly or indirectly, out of the secure tenancy. long time to run. The Service Charges (Consulta… The county court may, by order made with the consent of the parties, authorise the inclusion in the lease or in an agreement collateral to it of provisions excluding or modifying the obligations of the landlord under the covenants implied by this paragraph, if it appears to the court that it is reasonable to do so. . When a fixed-term tenancy is renewed and a new fixed term agreed, the rent … . long time to run. If the dwelling-house is a flat contained in a building, which also contains one or more other flats and the landlord has, since 8th August 1980, granted a lease of one or more of them for the appropriate term, the lease of the dwelling-house may be for a term expiring at the end of the term for which the other lease (or one of the other leases) was granted. shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. 16A–D inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 4(4). . III paras. ; S.I. I para. 6 Pt. There are changes that may be brought into force at a future date. . 10 repealed (1.7.1995) by. . rights of support for a building or part of a building; rights to the access of light and air to a building or part of a building; rights to the passage of water or of gas or other piped fuel, or to the drainage or disposal of water, sewage, smoke or fumes, or to the use or maintenance of pipes or other installations for such passage, drainage or disposal; rights to the use or maintenance of cables or other installations for the supply of electricity, for the telephone or for the receipt directly or by landline of visual or other wireless transmissions. Different options to open legislation in order to view more content on screen at once. 16E+WUnless otherwise agreed between the landlord and the tenant, there is implied a covenant by the tenant—. 41(3) it is provided that in Sch. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. Use this menu to access essential accompanying documents and information for this legislation item. Housing Act 1985, SCHEDULE 6 is up to date with all changes known to be in force on or before 25 April 2021. . . . 4(1)). . If the charge is not a tenant’s incumbrance and is not a rentcharge the conveyance is effective to release the freehold from the charge; but the release does not affect the personal liability of the landlord or any other person in respect of any obligation which the charge was created to secure. The first date in the timeline will usually be the earliest date when the provision came into force. See how this legislation has or could change over time. . . (a)rights of support for a building or part of a building; (b)rights to the access of light and air to a building or part of a building; (c)rights to the passage of water or of gas or other piped fuel, or to the drainage or disposal of water, sewage, smoke or fumes, or to the use or maintenance of pipes or other installations for such passage, drainage or disposal; (d)rights to the use or maintenance of cables or other installations for the supply of electricity, for the telephone or for the receipt directly or by landline of visual or other wireless transmissions. Practical Law coverage of this primary source reference and links to the underlying primary source materials. There are changes that may be brought into force at a future date. Section 6 Local Government Act 1985 Page 10 AT 24 of 1985 c and shall consider any representations duly made in response to the notice.19 (5) An order under subsection (2) may do all or any of the following — (a) make such modifications of any statutory provision (whenever 6 Pt. Access essential accompanying documents and information for this legislation item from this tab. Section 30A and the Schedule to the Act, inserted by the Commonhold and Leasehold Reform Act 2002, give tenants rights to summaries of any insurance policy contained in a service charge. 2 pages) (2)If the charge is not a tenant’s incumbrance and is not a rentcharge the conveyance is effective to release the freehold from the charge; but the release does not affect the personal liability of the landlord or any other person in respect of any obligation which the charge was created to secure. . (2)He is not required to pay any more than the amount determined by the formula—. Where the dwelling house is a flat and the tenant enjoyed, during the secure tenancy, the use in common with others of any premises, facilities or services, the lease shall include rights to the like enjoyment, so far as the landlord is capable of granting them, unless otherwise agreed between the landlord and the tenant. (2)In any other case the appropriate term is a term expiring five days before the term of the landlord’s lease of the dwelling-house (or, as the case may require, five days before the first date on which the term of any lease under which the landlord holds any part of the dwelling-house) is to expire. (a)to grant with the dwelling-house all such easements and rights over other property, so far as the landlord is capable of granting them, as are necessary to secure to the tenant as nearly as may be the same rights as at the relevant time were available to him under or by virtue of the secure tenancy or an agreement collateral to it, or under or by virtue of a grant, reservation or agreement made on the severance of the dwelling-house from other property then comprised in the same tenancy; and. 1985, c. N-ll as amended; AND WHEREAS MHRC is … I, F5By Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. For more information see the EUR-Lex public statement on re-use. F2Words in Sch. According to Section 5 of the Housing Act 1988, an assured or assured shorthold tenancy continues as a statutory periodic tenancy after the end of the contractual fixed term. Where a lease of a flat requires the tenant to pay improvement contributions, his liability in respect of costs incurred in the initial period of the lease is restricted as follows. . . 5 substituted (1.7.1995) by, No charge to be made for landlord’s consent or approval. 6 by, the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. 6 Pt. . . You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. . 16B(4)(c) and preceeding word repealed (11.10.1993) by 1993 c. 28, s. 187(2), Sch. S. 73 repealed (6.4.2006 for E., 16.6.2006 for W.) by 2004 c. 34, Sch. a rent review clause. S. 73 repealed (6.4.2006 for E., 16.6.2006 for W.) by 2004 c. 34, Sch. . . . ], F8Sch. . . Geographical Extent: . (a)if the lease includes provision for service charges to be payable in respect of costs incurred in a period before the grant of the lease, the initial period begins with the beginning of that period; (b)if the lease provides for service charges to be calculated by reference to a specified annual period, the initial period continues until the end of the fifth such period beginning after the grant of the lease; F9. . as regards parts of the initial period falling within the reference period for the purposes of the estimates contained in the landlord’s notice under section 125, the estimated annual average amount shown in the estimates; as regards parts of the initial period not falling within that reference period, the average rate produced by averaging over the reference period all works for which estimates are contained in the notice; The initial period of the lease for the purposes of this paragraph begins with the grant of the lease and ends five years after the grant, except that—. 5 Ground 15A of Schedule 2 (the successor Ground) This date is our basedate. to grant with the dwelling-house all such easements and rights over other property, so far as the landlord is capable of granting them, as are necessary to secure to the tenant as nearly as may be the same rights as at the relevant time were available to him under or by virtue of the secure tenancy or an agreement collateral to it, or under or by virtue of a grant, reservation or agreement made on the severance of the dwelling-house from other property then comprised in the same tenancy; and. 4(1), 10). Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. F4Words repealed by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2)(3), Sch. The Whole Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. 2 (with saving in Sch. . Act you have selected contains over Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing. For further information see ‘Frequently Asked Questions’. F9Sch. . Turning this feature on will show extra navigation options to go to these specific points in time. 2(1)(e), Sch. . 12. . II para. 1. “Housing and Development Board” means the Housing and Development Board established under section 3 of the Housing and Development Act (Cap. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. The Whole If the charge is a rentcharge the conveyance shall be made subject to the charge; but if the rentcharge also affects other land—, the conveyance shall contain a covenant by the landlord to indemnify the tenant and his successors in title in respect of any liability arising under the rentcharge, and, if the rent charge is of a kind which may be redeemed under the, for the purposes of sub-paragraph (3) land is owned by a person if he is the owner of it within the meaning of section 13(1) of that Act, and. 2(c), Sch. 1995/1317, art. 6 Pt. The Whole Act you have selected contains over 200 provisions and might take some time to download. It must invite representations within a reasonable period, which the Secretary of State considers to … AS AMENDED BY PARAGRAPH 85 OF SCHEDULE 17 TO THE HOUSING ACT 1988. 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