Paragraph 40 Succession on death or retirement

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. heading word substituted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(a)
Sch. rule 1 words omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(b)(i)(aa)
Sch. rule 1 words omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(b)(i)(bb)
Sch. rule 1 words omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(b)(ii)
Sch. rule 21(2) words substituted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(c)
Sch. rule 26(5) words omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(d)
Sch. rule 37 omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(e)
Sch. rule 38(1) words substituted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(f)(i)
Sch. rule 38(4) words substituted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(f)(ii)
Sch. rule 45(1) words omitted by Transfer of Tribunal Functions 2013 Sch. 2 para. 62(g)

(1)

This rule applies to an application made under section 39 or section 53 of the 1986 Act.

(2)

Before making such an application, the applicant must deliver a notice in writing of his intention to do so to all interested parties.

(3)

The applicant must include in his application, in addition to the information required by rule 2(2), confirmation that he has notified the interested parties.

(4)

In the case of proceedings under section 39 of the 1986 Act, an applicant who opposes or intends to oppose any other application under that section may include in his own application, or in a separate reply, the following information, in addition to the information required by rule 2(2)—

(a)

reasons why he opposes or intends to oppose that other application;

(b)

a statement indicating whether he disputes that applicant’s claim to be a designated applicant and, if so, why;

(c)

a claim to be a more suitable applicant than any other;

(d)

a statement that he has agreed with one or more other applicants to request the landlord’s consent to a direction entitling them to a joint tenancy of the holding.

(5)

If any person entitled to make an application under section 39 of the 1986 Act supplies the information under paragraph (4), he may present evidence and make representations to the Tribunal that he is more suitable to be a tenant than any other applicant.

(6)

If the landlord does not reply to an application under section 39 or 53 of the 1986 Act within the time allowed by rule 4(3), he is not entitled to dispute any matter alleged in the application form but—

(a)

in the case of an application under section 39 or 53, the landlord is entitled to give his views on the suitability of the applicant; and

(b)

in the case of an application under section 39, the landlord may where appropriate make an application under section 44 of the 1986 Act for consent to the operation of a notice to quit.