Q&As

A tenant with a long lease (25 years at grant) of a property listed as an asset of community value under the Localism Act 2011 (LA 2011) wishes to take a new lease of the property for a term of 28 years. Is the grant of the new lease a ‘relevant disposal’ for the purposes of LA 2011, s 95(1)? For the purposes of entering into the lease, is the tenant an ‘owner’ entering into a ‘relevant disposal’ under LA 2011, s 95(1)?

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Published on LexisPSL on 22/11/2018

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • A tenant with a long lease (25 years at grant) of a property listed as an asset of community value under the Localism Act 2011 (LA 2011) wishes to take a new lease of the property for a term of 28 years. Is the grant of the new lease a ‘relevant disposal’ for the purposes of LA 2011, s 95(1)? For the purposes of entering into the lease, is the tenant an ‘owner’ entering into a ‘relevant disposal’ under LA 2011, s 95(1)?
  • Is the grant of the new lease a ‘relevant disposal’ for the purposes of section 95(1) of the Localism Act 2011?
  • Who is the ‘owner’?
  • What is ‘land’?
  • What is a ‘relevant disposal’?

A tenant with a long lease (25 years at grant) of a property listed as an asset of community value under the Localism Act 2011 (LA 2011) wishes to take a new lease of the property for a term of 28 years. Is the grant of the new lease a ‘relevant disposal’ for the purposes of LA 2011, s 95(1)? For the purposes of entering into the lease, is the tenant an ‘owner’ entering into a ‘relevant disposal’ under LA 2011, s 95(1)?

Is the grant of the new lease a ‘relevant disposal’ for the purposes of section 95(1) of the Localism Act 2011?

Section 95(1) of the Localism Act 2011 provides that a person who is an owner of land included in a local authority's list of assets of community value (ACV) must not enter into a relevant disposal of the land unless conditions A–C, set out in LA 2011, s 95 are met.

See Commentary: Moratorium on disposing of land included in list of assets of community value: Halsbury’s Laws of England [436].

Who is the ‘owner’?

LA

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