Q&As

As part of a defence and counterclaim, could the defendant also apply for an acquisition order under Part III of the Landlord and Tenant Act 1987, or would this need to be applied for separately and joined where the issues are of the counterclaim and application for acquisition order are the same?

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Published on LexisPSL on 22/03/2018

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • As part of a defence and counterclaim, could the defendant also apply for an acquisition order under Part III of the Landlord and Tenant Act 1987, or would this need to be applied for separately and joined where the issues are of the counterclaim and application for acquisition order are the same?

Pursuant to Part III of the Landlord and Tenant Act 1987 (LTA 1987), certain long leaseholders of flats may compulsorily acquire the landlord’s interest through a nominated person where:

  1. the landlord has failed to comply with his obligations to repair, maintain, insure or manage the building, or

  2. the building has been managed for at least two years by a manager appoint

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