Part IIE+W Appointment of Managers by [F1a F2... Tribunal]

Textual Amendments

F1Words in Part II heading substituted (1.9.1997) by virtue of 1996 c. 52, ss. 86(2)

F2Words in Pt. 2 heading omitted (1.7.2013) by virtue of The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 67 (with Sch. 3)

Modifications etc. (not altering text)

C2Pt. 2 extended to Crown Land (30.9.2003 for E. for specified purposes, 30.3.2004 for W. for specified purposes, 28.2.2005 for E. for specified purposes, 31.5.2005 for W. for specified purposes) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 172, 181(1); S.I. 2003/1986, art. 2(c)(ii) (with Sch. 2); S.I. 2004/669, art. 2(c)(ii) (with Sch. 2); S.I. 2004/3056, art. 3(h) (with art. 4); S.I. 2005/1353, art. 2(h)

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 [F3the appropriate tribunal] for an order under section 24 appointing a manager to act in relation to those premises.

(2)Subject to subsection (3) [F4and 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 [F5—

(i)]an exempt landlord or a resident landlord, [F6or

(ii)the Welsh Ministers in their new towns residuary capacity,]

(b)the premises are included within the functional land of any charity.

[F7(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 [F8any 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.

[F9(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

F5Words 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)

F7S. 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)

F8Words 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