Part 2 - Leasehold enfranchisement and extension Section 28: Removal of restrictions on repeated enfranchisement and extension claims
Section 28 removes the provisions of the LRA 1967 and the LRHUDA 1993 which prevent tenants from starting new enfranchisement or lease extension claims for 12 months where an earlier claim fails to complete. Relatedly, subsection (1)(d) removes the power of landlords and tenants to agree a 12-month ban on further claims where they agree to the voluntary withdrawal of a claim. Subsections (1)(c) and (e) remove provisions of the LRA 1967 that give the court the power to order compensation and prevent new enfranchisement or lease extension claims for five-years where a claim has failed, and the tenant did not act in good faith or attempted to misrepresent or conceal material facts. Additionally, subsection (1)(b) repeals the restriction in the LRA 1967 on bringing a further lease extension claim where a lease extension has already been obtained under the Act.