Leasehold Reform Act 1967

35 Proceedings and orders under Landlord and Tenant Act 1954. E+W

(1) Where a person’s notice of his desire to have the freehold or an extended lease under this Part of this Act is given as mentioned in section 34(5)(a) or (b) above, but has effect by virtue of that subsection, then the following provisions of this section shall apply; and in those provisions “claim” and “claimant” mean that notice and the person giving it or for the time being entitled to the rights under it of the person giving it.

(2) On the making of the claim and, if any application has been made to the court under the M1 Landlord and Tenant Act 1954 in respect of a notice given by the landlord or a request by the claimant for a new tenancy, on the claimant lodging a copy of the claim in the court, any such notice or request under that Act and anything done in pursuance thereof (including any such application and any order resulting therefrom) shall cease to have effect, except as otherwise provided by this section:

Provided that this shall not affect any order as to costs (whether of proceedings in the court or of any appeal) or preclude the making of such an order.

(3) The making of the claim shall not affect the operation—

(a) of any landlord’s notice containing proposals for a statutory tenancy where all the terms of the statutory tenancy have been agreed or determined in accordance with section 7 of the Landlord and Tenant Act 1954; or

(b) of any order of the court under section 29 of that Act for the grant of a new tenancy; or

(c) of any agreement for a future tenancy to which section 28 of that Act applies;

but subject to the provisions of that Act and of section 34 above, the notice, order or agreement, and any statutory tenancy or tenancy arising or granted under it, shall remain unaffected by the claim unless and until effect is given to the claim.

(4) Where either—

(a) the landlord has made an application to the court for, or has obtained, an order for the claimant to give up possession on the ground specified in section 12(1)(a) (redevelopment) of the M2 Landlord and Tenant Act 1954, and the claim is for an extended lease; or

(b) the landlord has made an application to the court for, or has obtained, such an order on the ground specified in paragraph 1(e) (residence for landlord or his family) of Schedule 3 to that Act;

then if the landlord gives notice of his willingness to pay compensation and lodges a copy of it in the court, the application may be proceeded with or, as the case may be, the order shall have effect as if the claim had not been made.

(5) Where either—

(a) the court has refused an order for the grant of a new tenancy under Part II of the Landlord and Tenant Act 1954 on the ground specified in section 30(1)(f) (redevelopment), and the claim is for an extended lease; or

(b) the court has refused an order as aforesaid in accordance with section 30(1)(g) on the ground of the landlord’s intention to occupy the holding as his residence;

then if the landlord gives notice of his willingness to pay compensation, the tenancy shall terminate in accordance with Part II of that Act as if the claim had not been made.

(6) Where the claimant’s tenancy is terminated by virtue of subsection (4) or (5) above, and apart from those subsections (and sections 17 and 18 above) he would have been entitled to acquire the freehold or an extended lease in pursuance of the claim, he shall be entitled to recover from the landlord, in lieu of any compensation under the M3 Landlord and Tenant Act 1927 or under section 37 of the Landlord and Tenant Act 1954, the like compensation as is payable where a claim to acquire the freehold or an extended lease is overridden under section 17 or 18 above.

(7) If the claimant’s right to compensation under subsection (6) above is disputed, he may apply to the court for an order declaring that he is entitled to the compensation; and any compensation under that subsection shall in default of agreement be assessed, and may be recovered, in like manner as compensation under section 17 or 18 above.

(8) References in this section to the landlord giving notice of his willingness to pay compensation shall be construed as references to his giving to the claimant (whether before or after the making of the claim) written notice that he is willing to pay compensation in accordance with subsection (6) above if so required by that subsection; but a notice of a landlord’s willingness to pay compensation shall be of no effect if it is given after the tenancy in question would have terminated but for the claim, or if it is given more than one month after the day on which the claim is made.

(9) In this section references to the landlord shall be construed as references to the landlord proceeding under Part I or II, as the case may be, of the M4 Landlord and Tenant Act 1954.

Marginal Citations

M1 1954 c. 56.

M2 1954 c. 56.

M3 1927 c. 36.

M4 1954 c. 56.