OpenLegislation

Section 64 Interim continuation of tenancies pending determination by court.C1

England and Wales

(1)

In any case where—

(a)

a notice to terminate a tenancy has been given under Part I or Part II of this Act or a request for a new tenancy has been made under Part II thereof, and

(b)

an application to the court has been made under the said Part I or F1under section 24(1) or 29(2) of this Act, as the case may be, and

(c)

apart from this section the effect of the notice or request would be to terminate the tenancy before the expiration of the period of three months beginning with the date on which the application is finally disposed of,

the effect of the notice or request shall be to terminate the tenancy at the expiration of the said period of three months and not at any other time.

(2)

The reference in paragraph (c) of subsection (1) of this section to the date on which an application is finally disposed of shall be construed as a reference to the earliest date by which the proceedings on the application (including any proceedings on or in consequence of an appeal) have been determined and any time for appealing or further appealing has expired, except that if the application is withdrawn or any appeal is abandoned the reference shall be construed as a reference to the date of the withdrawal or abandonment.

Annotations

Textual amendments

F1

Words in s. 64(1)(b) substituted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. 2003/3096), art. 1(3), Sch. 5 para. 9

Modifications

C1

S. 64 excluded by 1967 c. 88, Sch. 3 para. 2A(2) (as inserted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. 2003/3096), art. 1(3), Sch. 5 para. 12)