105 Tenant’s notice of intention etc.E+W
(1)After section 125C of the 1985 Act there shall be inserted the following sections—
“125D Tenant’s notice of intention.
(1)Where a notice under section 125 has been served on a secure tenant, he shall within the period specified in subsection (2) either—
(a)serve a written notice on the landlord stating either that he intends to pursue his claim to exercise the right to buy or that he withdraws that claim, or
(b)serve a notice under section 144 claiming to exercise the right to acquire on rent to mortgage terms.
(2)The period for serving a notice under subsection (1) is the period of twelve weeks beginning with whichever of the following is the later—
(a)the service of the notice under section 125, and
(b)where the tenant exercises his right to have the value of the dwelling-house determined or re-determined by the district valuer, the service of the notice under section 128(5) stating the effect of the determination or re-determination.
125E Landlord’s notice in default.
(1)The landlord may, at any time after the end of the period specified in section 125D(2) or, as the case may require, section 136(2), serve on the tenant a written notice—
(a)requiring him, if he has failed to serve the notice required by section 125D(1), to serve that notice within 28 days, and
(b)informing him of the effect of this subsection and subsection (4).
(2)At any time before the end of the period mentioned in subsection (1)(a) (or that period as previously extended) the landlord may by written notice served on the tenant extend it (or further extend it).
(3)If at any time before the end of that period (or that period as extended under subsection (2)) the circumstances are such that it would not be reasonable to expect the tenant to comply with a notice under this section, that period (or that period as so extended) shall by virtue of this subsection be extended (or further extended) until 28 days after the time when those circumstances no longer obtain.
(4)If the tenant does not comply with a notice under this section, the notice claiming to exercise the right to buy shall be deemed to be withdrawn at the end of that period (or, as the case may require, that period as extended under subsection (2) or (3)).”
(2)For subsections (2) to (5) of section 136 of the 1985 Act (change of tenant after notice claiming to exercise the right to buy) there shall be substituted the following subsection—
“(2)If a notice under section 125 (landlord’s notice of purchase price and other matters) has been served on the former tenant, then, whether or not the former tenant has served a notice under subsection (1) of section 125D (tenant’s notice of intention), the new tenant shall serve a notice under that subsection within the period of twelve weeks beginning with whichever of the following is the later—
(a)his becoming the secure tenant, and
(b)where the right to have the value of the dwelling-house determined or re-determined by the district valuer is or has been exercised by him or the former tenant, the service of the notice under section 128(5) stating the effect of the determination or re-determination.”
Commencement Information
I1S. 105 wholly in force at 11.10.1993 (subject to the transitional provisions and savings in Sch. 1 to S.I. 1993/2134) see s. 188(2) and S.I. 1993/2134, art. 4(b)