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Leasehold Reform Act 1967
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- 01/02/1991- Amendment
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Leasehold Reform Act 1967, Section 26 is up to date with all changes known to be in force on or before 07 November 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.
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26 Person to act where landlord is custodian trustee or under disability.E+W
(1)Where the interest of a landlord in any property is vested in a person as custodian trustee, the managing trustees or committee of management shall be deemed to be the landlord for the purposes of this Part of this Act and the interest be deemed to be vested in them, except as regards the execution of any instrument disposing of or affecting that interest.
[F1(2)Where a landlord lacks capacity (within the meaning of the Mental Capacity Act 2005) to exercise his functions as a landlord, those functions are to be exercised—
(a)by a donee of an enduring power of attorney or lasting power of attorney (within the meaning of the 2005 Act), or a deputy appointed for him by the Court of Protection, with power to exercise those functions, or
(b)if no donee or deputy has that power, by a person authorised in that respect by that court.]
Textual Amendments
F1S. 26(2) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 13(1) (with ss. 27-29, 62, Sch. 6 para. 13(2)); S.I. 2007/1897, art. 2(1)(d)
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