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5.—(1) Sub-paragraph (2) applies where the landlord has given a counter-notice complying with section 45(2)(a) (admitting the right to a new lease) or a further counter-notice, or, if no such counter-notice or further counter-notice is given, the tenant has applied to the court for an order under section 49(1) (applications where landlord fails to give counter-notice or further counter-notice).
(2) The tenant may require the landlord to deduce title to his interest in the flat to which the tenant’s notice relates by giving him notice.
(3) The landlord shall comply with any such requirement by giving the tenant: —
(a)in the case of an interest registered in the register of title kept at Her Majesty’s Land Registry, all particulars and information which have to be given or may be required to be given on a sale of registered land pursuant to section 110 of the Land Registration Act 1925(1) (provisions as between vendor and purchaser), and
(b)subject to sub-paragraph (4), in the case of any other interest, an epitome of title,
within the period of twenty-eight days beginning with the date the notice is given.
(4) In a case where the landlord is not the freeholder, and the title to the freehold or any leasehold reversion to the landlord’s title (if any) is not registered at Her Majesty’s Land Registry, the landlord shall use his best endeavours to obtain an epitome of that title and shall also give it to the tenant.
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