140 Landlord’s first notice to complete.E+W
(1)The landlord may, subject to the provisions of this section, serve on the tenant at any time a written notice requiring him—
(a)if all relevant matters have been agreed or determined, to complete the transaction within a period stated in the notice, or
(b)if any relevant matters are outstanding, to serve on the landlord within that period a written notice to that effect specifying the matters,
and informing the tenant of the effect of this section and of section 141(1), (2) and (4) landlord’s second notice to complete).
(2)The period stated in a notice under this section shall be such period (of at least 56 days) as may be reasonable in the circumstances.
(3)A notice under this section shall not be served earlier than whichever of the following is applicable—
(a)if the tenant has not claimed to exercise the right to a mortgage, nine months after the end of the period within which a notice claiming it could have been served by him;
(b)if he has claimed the right to a mortgage, but is not entitled to defer completion, nine months after the service of the notice under section 135 (landlord’s notice of terms and amount of mortgage);
(c)if he is entitled to defer completion, [F1three years] after the service of his notice under section 122 claiming to exercise the right to buy or, if later, nine months after the service of the notice under section 135 (landlord’s notice of terms and amount of mortgage).
(4)A notice under this section shall not be served if—
(a)a requirement for the determination or re-determination of the value of the dwelling-house by the district valuer has not been complied with,
(b)proceedings for the determination of any other relevant matter have not been disposed of, or
(c)any relevant matter stated to be outstanding in a written notice served on the landlord by the tenant has not been agreed in writing or determined.
(5)In this section “relevant matters” means matters relating to the grant and to the amount to be left outstanding or advanced on the security of the dwelling-house.
Textual Amendments
F1Words substituted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(1), Sch. 5 Pt. I para. 5(1)(3)(4)