Thank you for your question.
First it will be important to ascertain whether you are entitled to apply for an acquisition Order to avoid you spending money on an application that will be rejected.
An Acquisition Order may be made by the county court where it is satisfied-
- that the landlord is in breach of any obligation relating to the repair,maintenance,insurance,or management of the premises in question;
- both at the date when the application to the court was made and throughout the period of two years immediately preceding that date, there has been in force an appointment under Part II of the 1987 Act of a person to act as a manager in relation to the premises in question:
- In either case the court considers it appropriate to make the order in the circumstances of the case.
The right to seek such an order applies to premises which are the whole or part of a building and which contain two or more flats held by qualifying tenants and in which the total number of flats held by such tenants is not less than two-thirds of the total number of flats contained in the premises. Are there other leaseholders who are willing to join in your application to satisfy this requirement?
If you do fit these requirements then the process is started by service of a preliminary notice on the landlord. This notice should specify the name of the interested tenants, their respective addresses, state who is the nominee purchaser (that is the vehicle to buy the freehold, which is often a company established for the purpose); the grounds of the application and the matters relied on for the purpose of establishing those grounds.
I do recommend that you seek specialist advice and be represented in the action bearing in mind that should the freeholder successfully resist an application to the county court an order for costs could well be made against you and other participating leaseholders.
I hope this information is helpful even though it does not give you an easy route to getting an order.
Best regards, Helen