{
  "url": "https://openlegislation.uk/leasehold-reform-housing-and-urban-development-act-1993/schedule-12/paragraph-5",
  "json_url": "https://openlegislation.uk/leasehold-reform-housing-and-urban-development-act-1993/schedule-12/paragraph-5.json",
  "legislation": "ukpga/1993/28",
  "legislation_title": "Leasehold Reform, Housing and Urban Development Act 1993",
  "legislation_url": "https://openlegislation.uk/leasehold-reform-housing-and-urban-development-act-1993",
  "path": "schedule/12/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": null,
  "text": "(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—\n(a) by effluxion of time, or\n(b) in pursuance of a notice to quit given by the immediate landlord of the tenant, or\n(c) by the termination of a superior lease;\nbut 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.\n(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—\n(a) the power under section 146(4) of the Law of Property Act 1925 (relief against forfeiture of leases) to grant a tenant relief against the termination of a superior lease, or\n(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).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "M",
      "label": "M1",
      "text": "1925 c. 20."
    }
  ],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "ukpga/2024/22",
      "affecting_title": "Leasehold and Freehold Reform Act 2024"
    },
    {
      "type": "words inserted",
      "affecting": "ukpga/2024/22",
      "affecting_title": "Leasehold and Freehold Reform Act 2024"
    },
    {
      "type": "words inserted",
      "affecting": "ukpga/2024/22",
      "affecting_title": "Leasehold and Freehold Reform Act 2024"
    },
    {
      "type": "applied (with modifications)",
      "affecting": "ukpga/2024/22",
      "affecting_title": "Leasehold and Freehold Reform Act 2024"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1993/28/schedule/12/paragraph/5",
    "retrieved_at": "2026-10-29T09:35:01.928287+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}