21 Tenant’s right to apply to court for appointment of manager.E+W
(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 [F1a leasehold valuation tribunal] for an order under section 24 appointing a manager to act in relation to those premises.
(2)Subject to subsection (3), 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 an exempt landlord or a resident landlord, or
(b)the premises are included within the functional land of any charity.
[F2(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 [F3any 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.
Textual Amendments
F1Words in s. 21(1) substituted (1.9.1997) by 1996 c. 52, s. 86(2); S.I. 1997/1851, art. 2(b) (subject to Sch. para. 2)
F2S. 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)
F3Words 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)
Marginal Citations