SCHEDULEHOUSING ACT 1980: SECTION 41A SECURE TENANCIES (RIGHT TO REPAIR) SCHEME 1985
Suspension of repairing obligationI125
1
Where the repair works may be carried out by the tenant in accordance with paragraph 11, the landlord's obligation to its secure tenant under its repairing covenant, in respect of the lack of repair to which the repair works relate, shall cease to apply—
a
from the service of the landlord's notice in Form 3 accepting the tenant's claim; or
b
in a default case, from the date on which the tenant may carry out the repair works as provided for in paragraph 11(2),
until whichever is the earliest of the following—
i
the service on the landlord of the tenant's claim for payment in accordance with paragraph 12;
ii
the service on the landlord of notice in writing by the tenant that he does not intend to carry out or to proceed further with the repair works; or
iii
the expiry of the period during which the tenant's claim for payment must be made in accordance with paragraph 12.
2
Where the further repair works or the additional further repair works may be carried out in accordance with paragraph 16 (or that paragraph as applied by paragraph 20), the landlord's obligation to its secure tenant under its repairing covenant, in respect of the lack or repair to which the repair works relate, shall cease to apply from the service of the landlord's notice in accordance with paragraph 14 and 15 or paragraph 21, until whichever is the earliest of the following—
a
the service on the landlord of the tenant's further claim for payment in accordance with paragraph 17 (or that paragraph as applied by paragraph 20);
b
the service on the landlord of notice in writing by the tenant that he does not intend to carry out or to proceed further with the further repair works or, as the case may be, the additional further repair works; or
c
the expiry of the period during which the tenant's further claim for payment must be made in accordance with paragraph 17 (or that paragraph as applied by paragraph 20).