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Section 172 (Service Charges and Crown Land)

Summary

1. This section extends many of the legal rights given to other Leaseholders in England and Wales to Leaseholders of property on Crown Land.

What is Crown Land?

1. Section 172 defines Crown Land as being land which is currently, or has ever been, part of:

i. The Crown Estate

ii. Duchy of Lancaster

iii. Duchy of Cornwall

iv. Land belonging to a government department, or held by the Crown for use by a government department.

Which parts of the Law now apply to Leaseholder of Crown Land?

1. Section 168 gives a specific list of the Laws which are to apply to Leaseholder of Crown Land. These are:

iSections 18 to 30B of the Landlord and Tenant Act 1985. These sections relate to service charges, insurance payable, and managing agents for property held on long Leases.

ii. Part 2 of the Landlord and Tenant Act 1987. This relates to the powers of a Tribunal to appoint a manager for property held on a long Lease.

iii. Part 4 of the Landlord and Tenant Act 1987. This relates to the right of Leaseholders and Landlords to apply to a Tribunal to alter the wording of long Leases.

iv. Sections 46 to 49 of the Landlord and Tenant Act 1987. These relate to the information which a Landlord is required to provide to Leaseholders.

vChapter 5 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993. This chapter gives Leaseholders the right to have an audit carried out of their Service Charges.

viSection 81 of the Housing Act 1996. This section gives Leaseholders protection against Forfeiture of their property.

viiSection 84 (and Schedule 4) of the Housing Act 1996. These give recognised residents’ associations the right to appoint a surveyor to investigate the way their building or estate is being managed.

viii. Sections 164 to 171 of the Commonhold and Leasehold Reform Act 2002. These relate to applications to vary Leases, jurisdiction of the First Tribunal, insurance, protection from Forfeiture and Administration Charges.

Click on the link to read more about the Commonhold and Leasehold Reform Act 2002