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Change 1
As published
32E Restrictions on serving notice of intention to relinquish
(1) A tenant may not serve a notice of intention to relinquish if, at the date of service, any of subsections (2) to (7) apply.
(2) This subsection applies where the tenant has served notice of intention to quit.
(3) This subsection applies where the tenant has failed to comply with a written demand, served on the tenant by the landlord, requiring the tenant—
(a) to pay rent due in respect of the holding within 2 months from the date of service of the demand, or
(b) to remedy a relevant breach within a reasonable time.
(4) In subsection (3)(b), a “relevant breach” is a breach by the tenant of a condition of the tenancy which—
(a) is capable of being remedied, and
(b) is not inconsistent with the fulfilment of the tenant's responsibilities to farm in accordance with the rules of good husbandry.
(5) This subsection applies where the landlord has served notice to quit to which section 22(2) applies.
(6) This subsection applies where the landlord has served notice to quit to which section 22(2) does not apply and—
(a) the period mentioned in section 23(1) within which the landlord may apply to the Land Court for consent to the operation of the notice has not expired,
(b) the landlord has applied in accordance with that section and the Land Court has yet to reach a decision, or
(c) the Land Court has, on such an application, consented to the notice and—
(i) any period within which an appeal may be made against that decision has not expired,
(ii) such a period has expired without an appeal having been made, or
(iii) an appeal having been made, the decision of the Land Court to consent to the notice has been upheld.
(7) This subsection applies where, in relation to a notice to quit to which section 22(2) does not apply, the Land Court has, following an application under section 23(1), refused consent to its operation and—
(a) any period within which an appeal may be made against that decision has not expired,
(b) an appeal has been made but not determined, or
(c) the decision of the Land Court to refuse consent to the notice has been quashed.
Your change, as a redline
32E Restrictions on serving notice of intention to relinquish
(1) A tenant may not serve a notice of intention to relinquish if, at the date of service, any of subsections (2) to (7) apply.
(2) This subsection applies where the tenant has served notice of intention to quit.
(3) This subsection applies where the tenant has failed to comply with a written demand, served on the tenant by the landlord, requiring the tenant—
(a) to pay rent due in respect of the holding within 2 months from the date of service of the demand, or
(b) to remedy a relevant breach within a reasonable time.
(4) In subsection (3)(b), a “relevant breach” is a breach by the tenant of a condition of the tenancy which—
(a) is capable of being remedied, and
(b) is not inconsistent with the fulfilment of the tenant's responsibilities to farm in accordance with the rules of good husbandry.
(5) This subsection applies where the landlord has served notice to quit to which section 22(2) applies.
(6) This subsection applies where the landlord has served notice to quit to which section 22(2) does not apply and—
(a) the period mentioned in section 23(1) within which the landlord may apply to the Land Court for consent to the operation of the notice has not expired,
(b) the landlord has applied in accordance with that section and the Land Court has yet to reach a decision, or
(c) the Land Court has, on such an application, consented to the notice and—
(i) any period within which an appeal may be made against that decision has not expired,
(ii) such a period has expired without an appeal having been made, or
(iii) an appeal having been made, the decision of the Land Court to consent to the notice has been upheld.
(7) This subsection applies where, in relation to a notice to quit to which section 22(2) does not apply, the Land Court has, following an application under section 23(1), refused consent to its operation and—
(a) any period within which an appeal may be made against that decision has not expired,
(b) an appeal has been made but not determined, or
(c) the decision of the Land Court to refuse consent to the notice has been quashed.
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