Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

SCHEDULES

SCHEDULE 12 E+W THE TENANT’S NOTICE: SUPPLEMENTARY PROVISIONS

Commencement Information

I1 Sch. 12 wholly in force at 1.11.1993 see s. 188(2) and S.I. 1993/2134, art. 5

Part I E+W EFFECT OF TENANT’S NOTICE ON OTHER NOTICES, FORFEITURES ETC.

Restriction on proceedings to enforce right of re-entry or forfeiture E+W

6 E+W Where by a notice under section 42 a tenant makes a claim to acquire a new lease of a flat, then during the currency of the claim—

(a) no proceedings to enforce any right of re-entry or forfeiture terminating the lease of the flat shall be brought in any court without the leave of that court, and

(b) leave shall only be granted if the court is satisfied that the notice was given solely or mainly for the purpose of avoiding the consequences of the breach of the terms of the tenant’s lease in respect of which proceedings are proposed to be brought;

but where leave is granted, the notice shall cease to have effect.