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SCHEDULES

SCHEDULE 3E+W THE INITIAL NOTICE: SUPPLEMENTARY PROVISIONS

Commencement Information

I1Sch. 3 wholly in force at 1.11.1993 see s. 188(2) and S.I. 1993/2134, art. 5

Part IE+W RESTRICTIONS ON PARTICIPATION BY INDIVIDUAL TENANTS, EFFECT OF CLAIMS ON OTHER NOTICES, FORFEITURES ETC.

Restrictions for purposes of s. 14(3) on tenant electing to become participating tenant during currency of claimE+W

8(1)Where a relevant notice of claim is given, a qualifying tenant of a flat may not subsequently make an election under section 14(3)—E+W

(a)if he was prohibited from participating in the giving of the notice by virtue of paragraph 1, 2(1), 3(1) or 4(1) above; or

(b)at a time when he would be so prohibited from participating in the giving of a relevant notice of claim, if such a notice were to be given then.

(2)Where a relevant notice of claim is given, then except with the leave of the court, a qualifying tenant of a flat may not subsequently make an election under section 14(3) at a time when any proceedings are pending to enforce a right of re-entry or forfeiture terminating his lease of the flat.

(3)Leave shall only be granted under sub-paragraph (2) if the court is satisfied that the tenant does not wish to make such an election solely or mainly for the purpose of avoiding the consequences of the breach of the terms of his lease in respect of which proceedings are pending.

(4)If—

(a)leave is so granted, and

(b)the tenant makes such an election,

the tenant’s lease shall be deemed for the purposes of the claim to be a subsisting lease despite the existence of those proceedings and any order made afterwards in those proceedings; and, if the claim is effective, the court in which those 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.

(5)References in this paragraph and paragraph 9 below to making an election under section 14(3) are references to making such an election to participate in the making of the claim in respect of which the relevant notice of claim is given.