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Housing Act 2004

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Changes over time for: Section 34

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Changes to legislation:

Housing Act 2004, Section 34 is up to date with all changes known to be in force on or before 27 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

34Power of tribunal to determine or vary leaseE+W
This section has no associated Explanatory Notes

(1)Subsection (2) applies where—

(a)a prohibition order has become operative, and

(b)the whole or part of any specified premises form the whole or part of the subject matter of a lease.

(2)The lessor or the lessee may apply to [F1the appropriate tribunal] for an order determining or varying the lease.

(3)On such an application the tribunal may make an order determining or varying the lease, if it considers it appropriate to do so.

(4)Before making such an order, the tribunal must give any sub-lessee an opportunity of being heard.

(5)An order under this section may be unconditional or subject to such terms and conditions as the tribunal considers appropriate.

(6)The conditions may, in particular, include conditions about the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise.

(7)In deciding what is appropriate for the purposes of this section, the tribunal must have regard to the respective rights, obligations and liabilities of the parties under the lease and to all the other circumstances of the case.

(8)In this section “lessor” and “lessee” include a person deriving title under a lessor or lessee.

Textual Amendments

Commencement Information

I1S. 34 wholly in force at 16.6.2006; s. 34 not in force at Royal Assent see s. 270(4)(5); s. 34 in force for E. at 6.4.2006 by S. I. 2006/1060, art. 2(1)(a) (with Sch.); s. 34 in force for W. at 16.6.2006 by S. I. 2006/1535, art. 2(a) (with Sch.)

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