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Landlord and Tenant Act 1987

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This is the original version (as it was originally enacted).

25Compulsory acquisition of landlord's interest by qualifying tenants

(1)This Part has effect for the purpose of enabling qualifying tenants of flats contained in any premises to which this Part applies to make an application to the court for an order providing for a person nominated by them to acquire their landlord's interest in the premises without his consent; and any such order is referred to in this Part as "an acquisition order".

(2)Subject to subsections (4) and (5), this Part applies to premises if—

(a)they consist of the whole or part of a building; and

(b)they contain two or more flats held by tenants of the landlord who are qualifying tenants; and

(c)the appropriate requirement specified in subsection (3) is satisfied with respect to them.

(3)For the purposes of subsection (2)(c) the appropriate requirement is—

(a)where the premises contain less than four flats, that all of the flats are let by the landlord on long leases;

(b)where the premises contain more than three but less than ten flats, that all, or all but one, of the flats are so let; and

(c)where the premises contain ten or more flats, that at least 90 per cent, of the flats are so let.

(4)This Part does not apply to premises falling within subsection (2) if—

(a)any part or parts of the premises is or are occupied or intended to be occupied otherwise than for residential purposes; and

(b)the internal floor area of that part or those parts (taken together) exceeds 50 per cent. of the internal floor area of the premises (taken as a whole);

and for the purposes of this subsection the internal floor area of any common parts shall be disregarded.

(5)This Part also does not apply to any such premises at a time when—

(a)the interest of the landlord in the premises is held by an exempt landlord or a resident landlord, or

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

(6)The Secretary of State may by order substitute for the percentage for the time being specified in subsection (4)(b) such other percentage as is specified in the order.

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