Modifications etc. (not altering text)
C1Pt. III excluded (30.9.2003 for E.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 7 para. 9; S.I. 2003/1986, art. 2(a); S.I. 2004/669, art. 2(a)
(1)Before an application for an acquisition order is made in respect of any premises to which this Part applies, a notice under this section must (subject to subsection (3)) be served on the landlord by qualifying tenants of the flats contained in the premises who, at the date when it is served, constitute the requisite majority of such tenants.
(2)A notice under this section must—
(a)specify the names of the qualifying tenants by whom it is served, the addresses of their flats and the name and the address in England and Wales of a person on whom the landlord may serve notices (including notices in proceedings) in connection with this Part instead of serving them on those tenants;
(b)state that those tenants intend to make an application for an acquisition order to be made by the court in respect of such premises to which this Part applies as are specified in the notice, but (if paragraph (d) is applicable) that they will not do so if the landlord complies with the requirement specified in pursuance of that paragraph;
(c)specify the grounds on which the court would be asked to make such an order and the matters that would be relied on by the tenants for the purpose of establishing those grounds;
(d)where those matters are capable of being remedied by the landlord, require the landlord, within such reasonable period as is specified in the notice, to take such steps for the purpose of remedying them as are so specified; and
(e)contain such information (if any) as the Secretary of State may by regulations prescribe.
(3)The court may by order dispense with the requirement to serve a notice under this section in a case where it is satisfied that it would not be reasonably practicable to serve such a notice on the landlord, but the court may, when doing so, direct that such other notices are served, or such other steps are taken, as it thinks fit.
(4)Any reference in this Part to the requisite majority of qualifying tenants of the flats contained in any premises is a reference to qualifying tenants of the flats so contained with [F1not less than two-thirds] of the available votes; and for the purposes of this subsection—
(a)the total number of available votes shall correspond to the total number of those flats for the time being let to qualifying tenants; and
(b)there shall be one available vote in respect of each of the flats so let which shall be attributed to the qualifying tenant to whom it is let.
(5)Nothing in this Part shall be construed as requiring the persons constituting any such majority in any one context to be the same as the persons constituting any such majority in any other context.
Textual Amendments
F1Words in s. 27(4) substituted (1.11.1993) by 1993 c. 28, s. 85(3); S.I. 1993/2134,arts. 2,5(subject to savings in Sch. 1 para. 2)