§ Amendments made:
§ No. 66, in page 172, line 4, at end insert—
§ 'Restrictions for purposes of s. 12(3) on tenant electing to become participating tenant during currency of claim
§ 7A.—(1) Where a relevant notice of claim is given, a qualifying tenant of a flat may not subsequently make an election under section 12(3)—
- (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 12(3) at a time when any proceedings are pending to enforce a night 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,
§ (5) References in this paragraph and paragraph 7B below to making an election under section 12(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.
§ Effect of tenant's election on certain notices given by landlord.
§ 7B.—(1) This paragraph applies to a qualifying tenant of a flat who, following the giving of a relevant notice of claim, makes an election under section 12(3).928
§ (2) Where in the case of any such tenant—
- (a) a landlord's notice terminating the tenant's lease of the flat has been given or served as mentioned in paragraph 2(1) above (whether or not the notice has effect to terminate the lease), but
- (b) that notice was not given or served more than four months before the date when the tenant makes his election under section 12(3),
§ (3) If—
- (a) any such landlord's notice ceases to have effect by virtue of sub-paragraph (2) above, but
- (b) the claim made in pursuance of the relevant notice of claim is not effective,
- (i) is given under section 4 of the Landlord and Tenant Act 1954 or served under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989, and
- (ii) is so given or served within one month after the expiry of the period of currency of that claim;
§ (4) Paragraph 7A(5) above applies for the purposes of this paragraph.'.—[Mr. Baldry.]
No. 67, in page 172, line 39, leave out from
'premises,' to end of line 41.—[Mr. Baldry.]