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Leaseholder Protection Amendments for Lease Extensions and Part-owned Properties

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Today (26th October 2023), the Levelling-Up and Regeneration Bill received Royal Assent. 

The measures in the Levelling-Up and Regeneration Act will support communities and local authorities to transform their local areas, complementing government investment in projects that will help regenerate left behind areas, and seeks to speed up the planning system, hold developers to account, cut bureaucracy, and encourage more councils to put in place plans to enable the building of new homes.   

The Act also contains two amendment to the Building Safety Act, under the Leaseholder Protections legislation, dealing with circumstances where leaseholders may partly-own other properties, and for leaseholder who have extended their lease and no longer satisfying the criteria for a qualifying lease at the qualifying time (before 14th February 2022). The Lords amendments put forward are: 

  • Lords Amendment to insert a new clause after Clause 214: Nonqualifying leases under the Building Safety Act 2022
    Amendment 242 seeks to secure parity between qualifying and non-qualifying leaseholders
    under the Building Safety Act 2022, extending protection to three properties for all
    leaseholders and excluding from the calculation of the number of properties those where 50%
    or less is owned by an individual.

  • Lords Amendment to insert a new clause after Clause 214: Qualifying leases under the Building Safety Act 2022
    Amendment 243 seeks to address the issue whereby a lease which qualifies for the
    leaseholder protections under the Building Safety Act 2022 ceases to qualify where it is
    ‘extended’ (because a ‘lease extension’ is actually a surrender of the existing lease and the
    grant of a new one) or, in certain cases, varied. The new section is intended to apply to a
    qualifying lease whenever the variation, surrender or regrant occurred and notwithstanding
    any agreement that would disapply the section to a particular qualifying lease.

 

Read the amendments in full.