Consultations by applicant HA 1988 s. 102
The applicant must consult qualifying tenants and prescribed tenants within a prescribed period after a district valuer determination or landlord's notice.
During such period as may be prescribed beginning with,— if there is a determination by the district valuer under section 99 above, notification to the applicant of that determination, if there is no such determination, service of the landlord’s notice under that section, the applicant shall consult, in accordance with such provisions as may be prescribed, tenants to whom this section applies. This section applies— to any qualifying tenant, or tenant under a long tenancy, who on the relevant date occupied a dwelling-house proposed to be included in the acquisition and continued to occupy the dwelling during the period referred to in subsection (1) above; and to any tenant of a description prescribed for the purposes of section 100(2) above; and to any tenant of a description prescribed for the purposes of this section.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section requires the applicant (the landlord or other person seeking to acquire the freehold or an extended lease) to consult certain tenants before proceeding with the acquisition. The consultation must take place within a prescribed period that begins either when the district valuer notifies the applicant of a determination under section 99, or when the landlord's notice under that section is served, whichever applies.
The tenants who must be consulted are: any qualifying tenant, or tenant under a long tenancy, who occupied the dwelling proposed to be acquired on the relevant date and continued to occupy it during the consultation period; any tenant of a description prescribed for the purposes of section 100(2); and any tenant of a description prescribed for the purposes of this section. The consultation must be carried out in accordance with prescribed provisions.
The section does not set out the content or timing of the consultation beyond the requirement that it occur during the prescribed period. The details of the consultation procedure are to be prescribed by regulations.
When it applies
- A landlord who receives a district valuer's determination on the price of the freehold must consult qualifying tenants within the prescribed period before proceeding.
- A tenant who is a qualifying tenant under a long tenancy and continues to occupy the dwelling after the relevant date expects to be consulted by the applicant.
- An applicant who serves a landlord's notice under section 99 must start the consultation period from the date of service.
- A tenant prescribed for the purposes of section 100(2) must be included in the consultation.
- The consultation must follow the prescribed procedures, such as sending written notices or holding meetings.
What this section does not say
- This section does not specify the length of the prescribed period; that is set by regulations.
- It does not govern the consequences of failing to consult tenants, such as whether the acquisition can proceed.
- It does not apply to tenants who are not qualifying tenants, long tenants, or prescribed tenants.
- It does not define the content of the consultation, such as what information must be provided.
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This page reproduces the text of HA 1988 s. 102 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.