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.
4
(1)
Where a tenant makes a claim to acquire the freehold or an extended lease of any property, then during the currency of the claim no proceedings to enforce any right of re-entry or forfeiture terminating the tenancy shall be brought in any court without the leave of that court, and leave shall not be granted unless the court is satisfied that the claim was not made in good faith; but where leave is granted, the claim shall cease to have effect.
(2)
Where a claim is made to acquire the freehold or an extended lease of property comprised in a tenancy, the tenancy shall be deemed for purposes of the claim to be a subsisting tenancy notwithstanding that the claim is made when proceedings are pending to enforce a right of re-entry or forfeiture terminating the tenancy and notwithstanding any order made afterwards in those proceedings, and if the claim is effective, the court in which the proceedings were brought may set aside or vary any such order to such extent and on such terms as appear to that court to be appropriate:
Provided that if it appears to that court that the claim is not made in good faith, or there has been unreasonable delay in making it, and that apart from the claim effect should be given to the right of re-entry or forfeiture, the court shall order that the tenancy shall not be treated as subsisting nor the claim as valid by virtue of this sub-paragraph.
(3)
Where a court other than the county court—
(a)
grants leave under sub-paragraph (1) above; or
(b)
makes an order under the proviso to sub-paragraph (2) above on the ground that a claim was not made in good faith;
the court may make any such order as the county court is authorised to make by section 20(5) or (6) of this Act.
(4)
A tenant who, in proceedings to enforce a right of re-entry or forfeiture or a right to damages in respect of a failure to comply with any terms of the tenancy, applies for relief under section 16 of the M1Landlord and Tenant Act 1954 is not thereby precluded from making a claim to acquire the freehold or an extended lease; but if he gives notice under section 16(2) (under which the tenant is relieved from any order for recovery of possession or for payment of damages, but the tenancy is cut short), any claim made by him to acquire the freehold or an extended lease of property comprised in the tenancy, with or without other property, shall be of no effect, or, if already made, shall cease to have effect.
(5)
Sub-paragraph (4) above shall apply in relation to proceedings relating to a superior tenancy with the substitution for the references to section 16 and to section 16(2) of the Landlord and Tenant Act 1954 of references to paragraph 9 and to paragraph 9(2) of Schedule 5 to that Act.
F1(6)
The references in this paragraph—
(a)
to section 16 of the Landlord and Tenant Act M21954 and subsection (2) of that section, and
(b)
paragraph 9 of Schedule 5 to that Act and sub-paragraph (2) of that paragraph,
include references to those provisions as they apply in relation to Schedule 10 to the Local Government and Housing Act M31989.