Part II E+W Appointment of Managers by [F1 a Leasehold Valuation Tribunal]

Textual Amendments

F1 Words in Part II heading substituted (1.9.1997) by virtue of 1996 c. 52, ss. 86(2)

23 Application to court for appointment of manager. E+W

(1) No application for an order under section 24 shall be made to [F2 a leasehold valuation tribunal] unless—

(a) in a case where a notice has been served under section 22, either—

(i) the period specified in pursuance of paragraph (d) of subsection (2) of that section has expired without the landlord having taken the steps that he was required to take in pursuance of that provision, or

(ii) that paragraph was not applicable in the circumstances of the case; or

(b) in a case where the requirement to serve such a notice has been dispensed with by an order under subsection (3) of that section, either—

(i) any notices required to be served, and any other steps required to be taken, by virtue of the order have been served or (as the case may be) taken, or

(ii) no direction was given by [F2 the tribunal] when making the order.

(2) [F3 Procedure regulations] shall make provision—

(a) for requiring notice of an application for an order under section 24 in respect of any premises to be served on such descriptions of persons as may be specified in the [F4 regulations]; and

(b) for enabling persons served with any such notice to be joined as parties to the proceedings.

Textual Amendments

F2 Words in s. 23(1) substituted (1.9.1997) by 1996 c. 52, s. 86(2); S.I. 1997/1851, art. 2(b) (subject to Sch. para. 2)

F3 Words in s. 23(2) substituted (23.8.1996 for specified purposes and otherwise 1.9.1996) by 1996 c. 52, s. 86(4)(a); S.I. 1996/2212, art. 2(1) (with Sch.); S.I. 1997/1851, art. 2(b) (subject to Sch. para. 2)

F4 Word in s. 23(2)(a) substituted (23.8.1996 for specified purposes and otherwise 1.9.1996) by 1996 c. 52, s. 86(4)(b); S.I. 1996/2212, art. 2(1) (with Sch.); S.I. 1997/1851, art. 2(b) (subject to Sch. para. 2)