Paragraph 5

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 12 para. 9(2) words substituted by Leasehold and Freehold Reform Act 2024 s. 43(2)(h)
Sch. 12 para. 8(1)(c)(ii) words inserted by Leasehold and Freehold Reform Act 2024 s. 43(13)(a)
Sch. 12 para. 8(2) words inserted by Leasehold and Freehold Reform Act 2024 s. 43(13)(b)
Sch. 12 para. 9 applied (with modifications) by Leasehold and Freehold Reform Act 2024 Sch. 10 para. 20

(1)

Where by a notice under section 42 a tenant makes a claim to acquire a new lease of a flat, then during the currency of the claim and for three months thereafter the lease of the flat shall not terminate—

(a)

by effluxion of time, or

(b)

in pursuance of a notice to quit given by the immediate landlord of the tenant, or

(c)

by the termination of a superior lease;

but if the claim is not effective, and but for this sub-paragraph the lease would have so terminated before the end of those three months, the lease shall so terminate at the end of those three months.

(2)

Sub-paragraph (1) shall not be taken to prevent an earlier termination of the lease in any manner not mentioned in that sub-paragraph, and shall not affect—

(a)

the power under section 146(4) of the M1Law of Property Act 1925 (relief against forfeiture of leases) to grant a tenant relief against the termination of a superior lease, or

(b)

any right of the tenant to relief under section 16(2) of the Landlord and Tenant Act 1954 (relief where landlord proceeding to enforce covenants) or under paragraph 9 of Schedule 5 to that Act (relief in proceedings brought by superior landlord).

Annotations

Marginal citations

M1: 1925 c. 20.

Notes on Schedule 12

Commencement

I1: Sch. 12 wholly in force at 1.11.1993 see s. 188(2) and S.I. 1993/2134, art. 5