Part 5 - Regulation of Estate Management Section 91: Conditions for applying for appointment order
Section 91 sets out the conditions which must be met before an application to appoint a substitute manager under Section 90 may be made.
	Subsection (1) sets out the conditions under which an owner of a managed dwelling may make an application in relation to an estate manager. These conditions include: (a) the owner giving a notice of complaint to the estate manager; (b) that the qualifying period has ended; (c) the owner has issued a further "final warning notice" after the qualifying period has ended; and (d) the conditions relating to a final warning notice have been met.
	Subsection (2) states that, in cases where the owner gave notice of complaint jointly with other persons, the owner may not make an application unless: (a) the owner does so jointly with those other persons that are also owners of managed dwellings; and (b) the final warning notice was given jointly by the owner and each of those other persons.
	Subsection (3) allows an owner of a managed dwelling who did not give the notice of complaint to the estate manager to join the owner or owners who acted in accordance with subsection (2) in applying for an order, if the final warning notice was given jointly by the owner or owners and the joined applicant.
	Subsection (4) sets out the detail which must be specified in the final warning notice. This includes: (a) the names and addresses of those issuing the notice; (b) a statement that they intend to make an application order; (c) the grounds on which they consider the appropriate tribunal should make an order; (d) giving the estate manager a reasonable period to resolve the problem; (e) stating that if the problem is remedied within this period, the persons will not make an application; and (f) any other information specified in regulations made by the Secretary of State.
	Subsection (5) specifies when the conditions of a final warning notice are met if: the matters specified in the final warning notice are not capable of being remedied; or the period specified in the final warning notice for the matters to be remedied has expired without the estate manager having taken the required steps to remedy them.
	Subsection (6) allows the appropriate tribunal to dispense with the requirements set out in subsections (1) (2) or (3) if they are satisfied, in light of the urgency of the case, that it is not reasonably practicable for the requirement to be satisfied. Subsection (7) provides that, in the case subsection (6) is applicable, the tribunal may direct that such other notices are given, or such other steps are taken, as it thinks fit. Subsection (8) provides that, where a tribunal has made an order under subsection (6), an application for an appointment order may be made only if any notices required to be given, and any other steps required to be taken are given or taken.
	Subsection (9) sets out that the Secretary of State may by regulations make provision for determining when a notice under this Section is given. Subsection (10) requires that any statutory instrument containing regulations under this Section is subject to the negative procedure.