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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)The court may, on an application for an order under this section, by order (whether interlocutory or final) appoint a manager to carry out in relation to any premises to which this Part applies—
(a)such functions in connection with the management of the premises, or
(b)such functions of a receiver,
or both, as the court thinks fit.
(2)The court may only make an order under this section in the following circumstances, namely—
(a)where the court is satisfied—
(i)that the landlord either is in breach of any obligation owed by him to the tenant under his tenancy and relating to the management of the premises in question or any part of them or (in the case of an obligation dependent on notice) would be in breach of any such obligation but for the fact that it has not been reasonably practicable for the tenant to give him the appropriate notice, and
(ii)that the circumstances by virtue of which he is (or would be) in breach of any such obligation are likely to continue, and
(iii)that it is just and convenient to make the order in all the circumstances of the case; or
(b)where the court is satisfied that other circumstances exist which make it just and convenient for the order to be made.
(3)The premises in respect of which an order is made under this section may, if the court thinks fit, be either more or less extensive than the premises specified in the application on which the order is made.
(4)An order under this section may make provision with respect to—
(a)such matters relating to the exercise by the manager of his functions under the order, and
(b)such incidental or ancillary matters,
as the court thinks fit; and, on any subsequent application made for the purpose by the manager, the court may give him directions with respect to any such matters.
(5)Without prejudice to the generality of subsection (4), an order under this section may provide—
(a)for rights and liabilities arising under contracts to which the manager is not a party to become rights and liabilities of the manager;
(b)for the manager to be entitled to prosecute claims in respect of causes of action (whether contractual or tortious) accruing before or after the date of his appointment;
(c)for remuneration to be paid to the manager by the landlord, or by the tenants of the premises in respect of which the order is made or by all or any of those persons;
(d)for the manager's functions to be exercisable by him (subject to subsection (9)) either during a specified period or without limit of time.
(6)Any such order may be granted subject to such conditions as the court thinks fit, and in particular its operation may be suspended on terms fixed by the court.
(7)In a case where an application for an order under this section was preceded by the service of a notice under section 22, the court may, if it thinks fit, make such an order notwithstanding—
(a)that any period specified in the notice in pursuance of subsection (2)(d) of that section was not a reasonable period, or
(b)that the notice failed in any other respect to comply with any requirement contained in subsection (2) of that section or in any regulations applying to the notice under section 54(3).
(8)The Land Charges Act 1972 and the Land Registration Act 1925 shall apply in relation to an order made under this section as they apply in relation to an order appointing a receiver or sequestrator of land.
(9)The court may, on the application of any person interested, vary or discharge (whether conditionally or unconditionally) an order made under this section; and if the order has been protected by an entry registered under the Land Charges Act 1972 or the Land Registration Act 1925, the court may by order direct that the entry shall be cancelled.
(10)An order made under this section shall not be discharged by the court by reason only that, by virtue of section 21(3), the premises in respect of which the order was made have ceased to be premises to which this Part applies.
(11)References in this section to the management of any premises include references to the repair, maintenance or insurance of those premises.
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