SCHEDULES
SCHEDULE 3 Validity of Tenants’ Notices, Effect on Landlord and Tenant Act 1954 etc. and Procedure Generally
Part I
Restrictions on claims by tenant, and effect of claims on other notices, forfeitures, etc.
2
1
A claim to acquire the freehold or an extended lease of any property shall be of no effect if made more than two months after a landlord’s notice terminating the tenancy of that property has been given under section 4 or 25 of the Landlord and Tenant Act 1954 F1or served under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989 (whether or not that notice has effect to terminate the tenancy):
Provided that—
a
this sub-paragraph shall not apply where the landlord gives his written consent to a claim being made after the end of those two months; and
b
where a tenant, having given notice of his desire to have the freehold, gives after the end of those two months a further notice under section 9(3) of this Act of his inability or unwillingness to acquire the house and premises at the price he must pay, he may with the notice under section 9(3) give a notice of his desire to have an extended lease (if he then has a right thereto).
2
A landlord’s notice terminating a tenancy of any property under section 4 or 25 of the M1Landlord and Tenant Act 1954 F2or under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989 shall be of no effect if given F2or served during the currency of a claim made in respect of the tenancy to acquire the freehold or an extended lease of that property, and shall cease to have effect on the making of such a claim.
3
Where any such landlord’s notice ceases (by virtue of sub-paragraph (2) above F3. . .) to have effect on the making of a claim, but the claim is not effective, then if within one month after the period of currency of that claim (or any subsequent claim made by virtue of the proviso to sub-paragraph (1) above) a landlord’s notice terminating the tenancy is given under section 4 or 25 of the Landlord and Tenant Act 1954 F4or served under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989, the earliest date which may be specified therein as the date of termination shall be F5the date of termination specified in the previous notice or the expiration of three months from the giving of the new notice, whichever is the later.
i
in the case of a notice given under the said Act of 1954the date of termination specified in the previous notice or the expiration of three months from the giving of the new notice, whichever is the later
F6ii
in the case of a notice served under the said Schedule 10, the date of termination specified in the previous notice or the expiration of the period of four months beginning on the date of service of the new notice, whichever is the later.
4
Where by virtue of sub-paragraph (3) above a landlord’s notice specifies as the date of termination of a tenancy a date earlier than six months after the giving of the notice, then—
a
if it is a notice proposing a statutory tenancy, section 7(2) of the Landlord and Tenant Act 1954 shall apply in relation to the notice with the substitution, for references to the period of two months ending with the date of termination specified in the notice and the beginning of that period, of references to the period of three months beginning with the giving of the notice and the end of that period; and
b
if it is a notice under section 25 of that Act, an application under section 24 for a new tenancy shall not be entertained unless it is made within three months after the giving of the notice.