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SCHEDULES

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

Commencement Information

I1Sch. 12 wholly in force at 1.11.1993 see s. 188(2) and S.I. 1993/2134, art. 5

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

InterpretationE+W

8(1)For the purposes of this Part of this Schedule—E+W

(a)references to a notice under section 42 include, in so far as the context permits, references to a notice purporting to be given under that section (whether by a qualifying tenant or not), and references to the tenant by whom a notice is given shall be construed accordingly;

(b)references to a claim being effective are references to a new lease being acquired in pursuance of the claim; and

(c)references to the currency of a claim are—

(i)where the claim is made by a valid notice under section 42, references to the period during which the notice continues in force in accordance with subsection (8) of that section, or

(ii)where the claim is made by a notice which is not a valid notice under section 42, references to the period beginning with the giving of the notice and ending with the time when the notice is set aside by the court or is withdrawn or when it would (if valid) cease to have effect or be deemed to have been withdrawn.

(2)For the purposes of sub-paragraph (1)(c) the date when a notice is set aside, or would (if valid) cease to have effect, in consequence of an order of a court shall be taken to be the date when the order becomes final.

(3)The references in this Schedule—

(a)to section 16 of the Landlord and Tenant Act 1954 and subsection (2) of that section, and

(b)to 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 M1Local Government and Housing Act 1989 (security of tenure on ending of long residential tenancies).

Marginal Citations