33 Acquisition order where landlord cannot be found.E+W
(1)Where an acquisition order is made by the court in a case where the landlord cannot be found, or his identity cannot be ascertained, the order shall provide for the landlord’s interest in the premises specified in the order to vest in the nominated person on the following terms, namely—
(a)such terms as to payment as are specified in subsection (2), and
(b)such other terms as the court thinks fit, being terms which, in the opinion of the court, correspond so far as possible to those on which the interest might be expected to be transferred if it were being transferred by the landlord.
(2)The terms as to payment referred to in subsection (1)(a) are terms requiring the payment into court of—
(a)such amount as a surveyor selected by the [F1Senior President of Tribunals] may certify to be in his opinion the amount which the landlord’s interest might be expected to realise if sold as mentioned in section 31(2); and
(b)any amounts or estimated amounts remaining due to the landlord from any tenants of his of any premises comprised in the premises in respect of which the order is made, being amounts or estimated amounts determined by the court as being due from those persons under the terms of their leases.
(3)Where any amount or amounts required by virtue of subsection (2) to be paid into court are so paid, the landlord’s interest shall, by virtue of this section, vest in the nominated person in accordance with the order.
Textual Amendments
F1Words in s. 33(2)(a) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 183 (with Sch. 5)