Schedule 7: Special Measures Paragraph 9 Effect
Paragraph 9 amends the Landlord and Tenant Act 1987 ("LTA 1987") to align it with requirements of the Building Safety Act, by inserting new text as section 24ZA. This will enable the special measure provisions of the Act to operate effectively with the existing landlord and tenant legislation for occupied higher-risk buildings.
	The amendments to this paragraph enable a Special Measures Manager to make an application to the First-tier Tribunal for the appointment (or replacement) of a manager of the building (whether that is replacing a landlord, managing agent or a court appointed manager). The effectiveness of the special measures order, and the work a Special Measures Manager can do, may be compromised in a building where there is an incompetent manager or manager who is obstructive/fails to cooperate with the Special Measures Manager.
	The Special Measures Manager must serve a notice prior to making an application for a s.24ZA order. That notice must be served on the landlord, on any person (other than the landlord) by whom obligations relating to the management of the premises or any part of them are owed to tenants of flats contained in those premises under a tenancy and on each Accountable Person for the higher-risk building. The notice must specify the Special Measures Manager’s name and an address in England and Wales at which any person, on whom the notice is served, may serve notices, including notices in proceedings, on the Special Measures Manager in connection with this Part.
	The tribunal may make a s.24ZA order, upon application by a Special Measures Manager, in only two circumstances. Firstly, when the current landlord or manager is breaching an obligation owed to the special measure manager as set out in the special measures order and that it is just and convenient to make the order in all the circumstances of the case; or secondly, where the tribunal is satisfied that other circumstances exist which make it just and convenient for the order to be made.