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The Leasehold Reform, Housing and Urban Development Act 1993 is the third Act relating specifically to leasehold block management. Whilst the Act was considered poorly drafted, leaseholders got the following:

s1: (the right to collective enfranchisement) more on which can be read here.

s76: (right to audit management by landlord) more on which can be read here;

s26(1): (under applications where relevant landlord cannot be found). If a Vesting Order is applied for when the freeholder is deemed absent, this section removes the need to serve an Initial Notice under s13 (notice by qualifying tenants of claim to exercise right) on some if not all landlords. If there is a head landlord present but the freeholder is missing, the court can order that the head landlord take on the role of Reversioner and deal with the claim in the usual way.

s26(5): (under application where the relevant landlord cannot be found) allows the court to issue directions to give effect to rights and obligations including directions adapting or discarding any of the requirements of the Act. The court will make an order vesting the interest to be acquired in the body set up by the qualifying tenants to collectively enfranchise (i.e. the nominee purchaser). Additionally the terms of acquisition must be agreed by the LVT (now the FTT).

 

 

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