PART IV: Equitable Remedies
Latest update: 2010-Feb-16
SWEET & MAXWELL
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Chapter 17: Receivers
17-20

ADD at the end of the paragraph:  The position may be different if the building comprises (or includes) leasehold flats since, since those may be premises to which Part II of the Landlord and Tenant Act 1987 applies[2a]:  that statute provides a separate code for the appointment of a "manager"[2b], which is outside the scope of this text.

ADD new NOTE 2A:  The general rule is that Part II of the 1987 Act will apply to premises (whether they comprise the whole or only a part of a building), if the building or part contains two or more flats:  Landlord and Tenant Act 1987, s.21(2).  There are exceptions to that general rule, in the case of certain types of landlord and in the case of certain types of land:  see Landlord and Tenant Act 1987, s.21(3).  By s.21(3)(a), Part II does not apply where the landlord is (i) an "exempt landlord" as that term is defined at s.58(1), or (ii) a "resident landlord" as that term is defined at s.58(2), as modified by s.21(3A) of the 1987 Act.  By s.21(3)(b), Part II of the 1987 Act does not apply to premises which are included within the functional land of any charity.

ADD new NOTE 2B:  See Landlord and Tenant Act 1987, ss.21-24.  A manager under the Act is appointed by a leasehold valuation tribunal, and is to exercise such functions (whether management functions or the functions of a receiver) as the tribunal thinks fit:  s.24(1).