Part II Terms of Leases and Variations Thereof

F112BLandlord's objection to legatee or acquirer on intestacy: other persons

(1)

This section applies where the person who gives notice to the landlord under section 11(2) or 12(1) is not a near relative of the deceased.

(2)

The landlord may, within 1 month after notice is given under section 11(2) or 12(1), give to the person a counter-notice intimating that the landlord objects to receiving the person as tenant under the lease and—

(a)

in the case of a legatee, declaring the bequest to be null and void,

(b)

in the case of an acquirer, terminating the lease with effect as from such term of Whitsunday or Martinmas as the landlord specifies, being a term at least 1 year but no more than 2 years from the date of the counter-notice.

(3)

If the landlord gives a counter-notice under subsection (2), the person may, within 1 month after the counter-notice is given, appeal to the Land Court.

(4)

If, on the hearing of such an appeal, any reasonable ground stated by the person—

(a)

in the case of a legatee, for not declaring the bequest to be null and void,

(b)

in the case of an acquirer, for not terminating the lease,

is established to the satisfaction of the Land Court, it must make an order quashing the counter-notice.

(5)

In any other case, the Land Court must make an order confirming the counter-notice.