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)An application for an acquisition order in respect of any premises to which this Part applies must be made by qualifying tenants of the flats contained in the premises who, at the date when it is made, constitute the requisite majority of such tenants.
(2)No such application shall be made to the court unless—
(a)in a case where a notice has been served under section 27, either—
(i)the period specified in pursuance of paragraph (d) of subsection (2) of that section has expired without the landlord having taken the steps that he was required to take in pursuance of that provision, or
(ii)that paragraph was not applicable in the circumstances of the case; or
(b)in a case where the requirement to serve such a notice has been dispensed with by an order under subsection (3) of that section, either—
(i)any notices required to be served, and any other steps required to be taken, by virtue of the order have been served or (as the case may be) taken, or
(ii)no direction was given by the court when making the order.
(3)An application for an acquisition order may, subject to the preceding provisions of this Part, be made in respect of two or more premises to which this Part applies.
(4)Rules of court shall make provision—
(a)for requiring notice of an application for an acquisition order in respect of any premises to be served on such descriptions of persons as may be specified in the rules; and
(b)for enabling persons served with any such notice to be joined as parties to the proceedings.
(5)The M1Land Charges Act 1972 and the [F1Land Registration Act 2002] shall apply in relation to an application for an acquisition order as they apply in relation to other pending land actions.
F2(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 28(5) 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)
F2S. 28(6) repealed (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1)
Marginal Citations