Paragraph 5 Premises in relation to which rights previously exercisedI1

England and Wales

(1)

This Chapter does not apply to premises falling within section 72(1) at any time if—

(a)

the right to manage the premises is at that time exercisable by a RTM company, or

(b)

that right has been so exercisable but has ceased to be so exercisable less than four years before that time.

(2)

Sub-paragraph (1)(b) does not apply where the right to manage the premises ceased to be exercisable by virtue of section 73(5).

(3)

F1The appropriate tribunal may, on an application made by a RTM company, determine that sub-paragraph (1)(b) is not to apply in any case if it considers that it would be unreasonable for it to apply in the circumstances of the case.

Annotations

Textual amendments

F1: Words in Sch. 6 para. 5(3) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 145 (with Sch. 3)

Commencement

I1: Sch. 6 wholly in force at 30.3.2004; Sch. 6 not in force at Royal Assent see s. 181(1); Sch. 6 in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(a); Sch. 6 in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(a)