Leasehold Reform, Housing and Urban Development Act 1993

Effect of tenant’s election on certain notices given by landlord

9 (1) This paragraph applies to a qualifying tenant of a flat who, following the giving of a relevant notice of claim, makes an election under section 14(3).

(2) Where in the case of any such tenant—

(a) a landlord’s notice terminating the tenant’s lease of the flat has been given or served as mentioned in paragraph 2(1) above (whether or not the notice has effect to terminate the lease), but

(b) that notice was not given or served more than four months before the date when the tenant makes his election under section 14(3),

the landlord’s notice shall cease to have effect on that date.

(3) If—

(a) any such landlord’s notice ceases to have effect by virtue of sub-paragraph (2) above, but

(b) the claim made in pursuance of the relevant notice of claim is not effective,

then paragraph 2(4) above shall apply to any landlord’s notice terminating the tenant’s lease of the flat which—

(i) is given under section 4 of the [1954 c. 56.] Landlord and Tenant Act 1954 or served under paragraph 4(1) of Schedule 10 to the [1989 c. 42.] Local Government and Housing Act 1989, and

(ii) is so given or served within one month after the expiry of the period of currency of that claim;

and paragraph 2(5) above shall apply accordingly.

(4) Paragraph 8(5) above applies for the purposes of this paragraph.