SCHEDULE 1 Enfranchisement and Extension by Sub-Tenants

SCHEDULE 1 Enfranchisement and Extension by Sub-Tenants

Section 5

General

1

(1)     Where a person (in this Schedule referred to as “the claimantâ€) gives notice of his desire to have the freehold or an extended lease of a house and premises under Part I of this Act, and does so in respect of a sub-tenancy (in this Schedule referred to as “the tenancy in possessionâ€), then except as otherwise provided by this Schedule—

(a)     the rights and obligations of the landlord under Part I of this Act shall, so far as their interests are affected, be rights and obligations respectively of the estate owner in respect of the fee simple and of each of the persons in whom is vested a concurrent tenancy superior to the tenancy in possession (and references to the landlord shall apply accordingly); and

(b)     the proceedings arising out of the notice, whether for resisting or giving effect to the claim to acquire the freehold or extended lease, shall be conducted, on behalf of all the persons referred to in (a) above, by and through that one of them who is identified by this Schedule as “the reversionerâ€.

(2)     Where there is a tenancy reversionary

Powered by Lexis+®

Popular documents