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)Where an acquisition order is made by the court, the order shall (except in a case falling within section 33(1)) provide for the nominated person to be entitled to acquire the landlord’s interest in the premises specified in the order on such terms as may be determined—
(a)by agreement between the landlord and the qualifying tenants in whose favour the order is made, or
(b)in default of agreement, by a rent assessment committee under section 31.
(2)An acquisition 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.
(3)References in this Part, in relation to an acquisition order, to the nominated person are references to such person or persons as may be nominated for the purposes of this Part by the persons applying for the order.
(4)Those persons must secure that the nominated person is joined as a party to the application, and no further nomination of a person for the purposes of this Part shall be made by them after the order is made (whether in addition to, or in substitution for, the existing nominated person) except with the approval of the court.
(5)Where the landlord is, by virtue of any covenant, condition or other obligation, precluded from disposing of his interest in the premises in respect of which an acquisition order has been made unless the consent of some other person is obtained—
(a)he shall use his best endeavours to secure that the consent of that person to that disposal is obtained and, if it appears to him that that person is obliged not to withhold his consent unreasonably but has nevertheless so withheld it, shall institute proceedings for a declaration to that effect; but
(b)if—
(i)the landlord has discharged any duty imposed on him by paragraph (a), and
(ii)the consent of that person has been withheld, and
(iii)no such declaration has been made,
the order shall cease to have effect.
(6)The M1Land Charges Act 1972 and the [F1Land Registration Act 2002] shall apply in relation to an acquisition order as they apply in relation to an order affecting land made by the court for the purpose of enforcing a judgment or recognisance.
Textual Amendments
F1Words in s. 30(6) substituted (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 11 para. 20 (with s. 129); S.I. 2003/1725, art. 2(1)
Marginal Citations