Paragraph 41 Applications under sections 44, 46 or 55 of the 1986 Act

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)

Where, at the expiry of the period specified in section 39(1) of the 1986 Act, only one application under that section in respect of the holding has been made, any application by the landlord under section 44(1) of that Act must be made before the expiry of one month after the end of that period or, if later, one month after a copy of the application under section 39 is delivered to him.

(2)

Where at the expiry of that period more than one application under section 39 of the 1986 Act has been made, any application by the landlord under section 44(1) of that Act must be made before the expiry of one month after notice is delivered to him by the Secretary that the number of applications under section 39 of the 1986 Act is reduced to one or such earlier date as the Chairman directs.

(3)

Any application under section 44(6), section 46(2)(a) or section 55(8)(a) of the 1986 Act must be made in writing to the Secretary before the hearing, or orally at the hearing.