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Part 2SConversion of certain leasehold conditions to real burdens

Applications relating to section 14S

21Lands Tribunal orderS

(1)This section applies where an entitled person cannot proceed under section 14(2) because none of the conditions set out in subsection (4) (“the conversion conditions”) of that section are met.

(2)The entitled person may apply to the Lands Tribunal for an order under subsection (5).

(3)An application may be made under subsection (2) only if the entitled person has first, in pursuance of section 17, attempted to reach agreement as respects the qualifying condition in question with the tenant under the qualifying lease.

(4)An application under subsection (2)—

(a)must include a description by the entitled person of the requisite attempt to reach agreement, and

(b)must be made not later than 1 year after the day on which this section comes into force.

(5)The Lands Tribunal may make an order dispensing with the need for any of the conversion conditions to be met if satisfied that, were the qualifying condition to be extinguished, there would be material detriment to the value or enjoyment of the entitled person's ownership (taking such person to have ownership) of the land which is to be identified, in pursuance of section 14(3)(d), as a benefited property.

(6)The decision of the Lands Tribunal on an application under subsection (2) is final.

(7)A person opposing an application made under subsection (2) incurs no liability in respect of expenses incurred by the entitled person unless, in the opinion of the Lands Tribunal, the actings of the person opposing are vexatious or frivolous.

Commencement Information

I1S. 21 in force at 21.2.2014 by S.S.I. 2013/322, art. 3(b)