Commonhold and Leasehold Reform Act 2002- in force?

[Editor]

The Commonhold and Leasehold Reform Act 2002 received Royal Assent on 1st May 2002 but is being commenced on a gradual basis; there have been five Commencement orders published so far. The Leasehold Advisory Service is a very good source of information - www.lease-advice.org
http://www.lease-advice.org/reforminfo.html

[andydd]

When did Section 166 commonhold and leasehold reform act relating to notices to accompany ground rent demands come into effect ?

Think Ive just found answer..Feb 2005 ?

Thanks

Andy

[frosty]

Andy

Correct.!

The Statutory Instrument requirements became effective as of 28th February 2005 in England and 31st May 2005 for we Welsh leaseholders.

http://www.opsi.gov.uk/si/si2004/20043096.htm

[jeffrey]

[Numbers at start of line are section numbers; E means England and W means Wales]
71-113 (RTM): 30 Sept. 2003 E (or 30 March 2004 W)
158 and Schedule 11 (Admin. charges): ditto
164/165 (Insurance liberalisation): 28 Feb. 2005
166 (Form of ground rent demand): ditto
167-171 (Forfeiture of leases): ditto

[Geoffrey]

And then there are the bits that will never be commenced.

The "Right to Enfranchise" provisions are likely to be ditched after the present consultation exercise is completed.

There are good practical reasons for this but it leaves leaseholders outside the process in a vulnerable position and ripe for exploitation by unscrupulous neighbours and consultants. Without any safeguards in place of RTE some enfranchisements will end up replacing one bad landlord with an even worse one (there are signs it's already happening.)

Moral: Enfranchising with the minimum 50% is a recipe for trouble down the track. Don't be mesmerised by "self-management" and "999 year" leases. The former can be a nightmare and the latter no better than the statutory 90 year extension. Be careful, once you've enfranchised you're stuck with it.

[jeffrey]

And then there are the bits that will never be commenced.

The "Right to Enfranchise" provisions are likely to be ditched after the present consultation exercise is completed.
This means the provisions in Chapter 2 of the 2002 Act [s.114-s.128] that would amend Chapter 1 of Part 1 of the 1993 Act.

[Heather2]

Does anyone know if Section 153 of the CLRA 2002 is yet in effect in England? I can find the commencement order for Wales (November 2007) but not for England. NB this is the section that says you have to send out a summary of tenants rights with every demand for service charges.

[jeffrey]

Does anyone know if Section 153 of the CLRA 2002 is yet in effect in England? I can find the commencement order for Wales (November 2007) but not for England. NB this is the section that says you have to send out a summary of tenants rights with every demand for service charges.
Yes. All that s.153 does is to insert s.21B into LTA 1985. In England, that took effect on 1 October 2007.
Statutory Instruments (re what's required): see SI 2007 no. 1257 [E] or SI 2007 no. 3160 [W].

[leaseholdanswers]

Does anyone know if Section 153 of the CLRA 2002 is yet in effect in England? I can find the commencement order for Wales (November 2007) but not for England. NB this is the section that says you have to send out a summary of tenants rights with every demand for service charges.

Suggest you trawl through lease-advice.org

http://www.lease-advice.org/publications/documents/document.asp?item=39

[Heather2]

Thank you both