- Latest available (Revised)
- Original (As enacted)
Landlord and Tenant Act 1987, Section 21 is up to date with all changes known to be in force on or before 15 August 2024. 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)The tenant of a flat contained in any premises to which this Part applies may, subject to the following provisions of this Part, apply to [F1the appropriate tribunal] for an order under section 24 appointing a manager to act in relation to those premises.
(2)Subject to subsection (3) [F2and section 24ZA], this Part applies to premises consisting of the whole or part of a building if the building or part contains two or more flats.
(3)This Part does not apply to any such premises at a time when—
(a)the interest of the landlord in the premises is held by [F3—
(i)]an exempt landlord or a resident landlord, [F4or
(ii)the Welsh Ministers in their new towns residuary capacity,]
(b)the premises are included within the functional land of any charity.
[F5(3A)But this Part is not prevented from applying to any premises because the interest of the landlord in the premises is held by a resident landlord if at least one-half of the flats contained in the premises are held on long leases which are not tenancies to which Part 2 of the Landlord and Tenant Act 1954 (c. 56) applies.]
(4)An application for an order under section 24 may be made—
(a)jointly by tenants of two or more flats if they are each entitled to make such an application by virtue of this section, and
(b)in respect of two or more premises to which this Part applies;
and, in relation to any such joint application as is mentioned in paragraph (a), references in this Part to a single tenant shall be construed accordingly.
(5)Where the tenancy of a flat contained in any such premises is held by joint tenants, an application for an order under section 24 in respect of those premises may be made by any one or more of those tenants.
(6)An application to the court for it to exercise in relation to any premises [F6any jurisdiction] to appoint a receiver or manager shall not be made by a tenant (in his capacity as such) in any circumstances in which an application could be made by him for an order under section 24 appointing a manager to act in relation to those premises.
(7)References in this Part to a tenant do not include references to a tenant under a tenancy to which Part II of the M1Landlord and Tenant Act 1954 applies.
[F7(8)For the purposes of this Part, “appropriate tribunal” means—
(a)in relation to premises in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and
(b)in relation to premises in Wales, a leasehold valuation tribunal.]
Textual Amendments
F1Words in s. 21(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 68(a) (with Sch. 3)
F2Words in s. 21(2) inserted (16.1.2024) by Building Safety Act 2022 (c. 30), s. 170(5), Sch. 7 para. 9(2); S.I. 2024/40, reg. 2(u)
F3Words in s. 21(3)(a) renumbered as s. 21(3)(a)(i) (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 38(a); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)
F4S. 21(3)(a)(ii) and word inserted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 38(b); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)
F5S. 21(3A) inserted (26.7.2002 for E. and 1.1.2003 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 161; S.I. 2002/1912, art. 2(b)(i) (subject to Sch. 2); S.I. 2002/3012, art. 2(b)(i) (subject to Sch. 2)
F6Words in s. 21(6) substituted (1.9.1997) by 1996 c. 52, s. 86(3); S.I. 1997/1851, art. 2(b) (subject to Sch. para. 2)
F7S. 21(8) inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 68(b) (with Sch. 3)
Marginal Citations
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: