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Landlord and Tenant Act 1987

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This is the original version (as it was originally enacted).

29Conditions for making acquisition orders

(1)The court may, on an application for an acquisition order, make such an order in respect of any premises if—

(a)the court is satisfied—

(i)that those premises were, at the date of service on the landlord of the notice (if any) under section 27 and on the date when the application was made, premises to which this Part applies, and

(ii)that they have not ceased to be such premises since the date when the application was made, and

(b)either of the conditions specified in subsections (2) and (3) is fulfilled with respect to those premises, and

(c)the court considers it appropriate to make the order in the circumstances of the case.

(2)The first of the conditions referred to in subsection (1)(b) is that the court is satisfied—

(a)that the landlord either is in breach of any obligation owed by him to the applicants under their leases and relating to the repair, maintenance, insurance or 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

(b)that the circumstances by virtue of which he is (or would be) in breach of any such obligation are likely to continue, and

(c)that the appointment of a manager under Part II to act in relation to those premises would not be an adequate remedy.

(3)The second of those conditions is that, both at the date when the application was made and throughout the period of three years immediately preceding that date, there was in force an appointment under Part II of a person to act as manager in relation to the premises in question.

(4)An acquisition order may, if the court thinks fit—

(a)include any yard, garden, outhouse or appurtenance belonging to, or usually enjoyed with, the premises specified in the application on which the order is made;

(b)exclude any part of the premises so specified.

(5)Where—

(a)the premises in respect of which an application for an acquisition order is made consist of part only of more extensive premises in which the landlord has an interest, and

(b)it appears to the court that the landlord's interest in the latter premises is not reasonably capable of being severed, either in the manner contemplated by the application or in any manner authorised by virtue of subsection (4)(b),

then, notwithstanding that paragraphs (a) and (b) of subsection (1) apply, the court shall not make an acquisition order on the application.

(6)In a case where an application for an acquisition order was preceded by the service of a notice under section 27, 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).

(7)Where any premises are premises to which this Part applies at the time when an application for an acquisition order is made in respect of them, then, for the purposes of this section and the following provisions of this Part, they shall not cease to be such premises by reason only that—

(a)the interest of the landlord in them subsequently becomes held by an exempt landlord or a resident landlord, or

(b)they subsequently become included within the functional land of any charity.

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