Landlord and Tenant (Amendment) Act 1980

Necessary party to deed, etc., under disability or failing to act.

[1931, s. 27 ( e); 1958, s. 24 (3)-(6)]

76

76. (1) In this section “ necessary party” means a person who is required under this Act to grant or join in the grant of a lease or tenancy and “ requirement” refers to anything so required.

(2) Where a necessary party is, by reason of having a fiduciary capacity or a limited estate or by reason of restrictive covenants in a lease or tenancy under which he holds, unable to comply with a requirement the Court may, on the application of any person concerned, empower him to do so.

(3) Where a necessary party is an infant or a person of unsound mind or cannot be found or refuses or fails to execute or join in the execution of a lease or tenancy, the Court may, on the application of any person concerned, appoint and empower an officer of the Court to execute it or join in the execution thereof on behalf of the necessary party.

(4) Where, in relation to a lease or tenancy, a necessary party is unknown or unascertained, the Court may, on the application of any person concerned, appoint any person who is receiving the rent in respect of the applicant's interest in the premises, or such other person as the Court may think fit, to represent such unknown or unascertained person in all proceedings in connection therewith and may appoint and empower an officer of the Court to execute the lease or tenancy on behalf of the necessary party.

(5) Where an officer of the Court is appointed under subsection (3) or (4) to execute or join in the execution of a lease or tenancy the Court may order the rent payable under the lease or tenancy to be paid into Court or may make such order or give such direction in regard to the payment of the rent as it thinks proper.

(6) Where a person upon whom a notice under any provision of this Act is required to be served cannot be found or ascertained, that person shall be deemed to be a necessary party for the purposes of this section and the provisions of this section shall apply accordingly with the necessary modifications.

(7) A power conferred on the Court by this section shall be exercised in relation to a ward of court only by leave of the court of which he is a ward.