Leasehold Reform, Housing and Urban Development Act 1993
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Change 1
As published
49 Applications where landlord fails to give counter-notice or further counter-notice.
(1) Where the tenant’s notice has been given in accordance with section 42 but—
(a) the landlord has failed to give the tenant a counter-notice in accordance with section 45(1), or
(b) if required to give a further counter-notice to the tenant by or by virtue of section 46(4) or section 47(4) or (5), the landlord has failed to comply with that requirement,
the court may, on the application of the tenant, make an order determining, in accordance with the proposals contained in the tenant’s notice, the terms of acquisition.
(2) The court shall not make such an order on an application made by virtue of paragraph (a) of subsection (1) unless it is satisfied—
(a) that on the relevant date the tenant had the right to acquire a new lease of his flat; and
(b) if applicable, that the requirements of Part I of Schedule 11 were complied with as respects the giving of copies of the tenant’s notice.
(3) Any application for an order under subsection (1) must be made not later than the end of the period of six months beginning with the date by which the counter-notice or further counter-notice referred to in that subsection was required to be given.
(4) Where—
(a) the terms of acquisition have been determined by an order of the court under this section, but
(b) a new lease has not been entered into in pursuance of the tenant’s notice by the end of the appropriate period specified in subsection (7),
the court may, on the application of either the tenant or the landlord, make such order as it thinks fit with respect to the performance or discharge of any obligations arising out of that notice.
(5) Any such order may provide for the tenant’s notice to be deemed to have been withdrawn at the end of the appropriate period specified in subsection (7).
(6) Any application for an order under subsection (4) must be made not later than the end of the period of two months beginning immediately after the end of the appropriate period specified in subsection (7).
(7) For the purposes of this section the appropriate period is—
(a) the period of two months beginning with the date when the order of the court under subsection (1) becomes final, or
(b) such other period as may have been fixed by the court when making that order.
Your change, as a redline
49 Applications where landlord fails to give counter-notice or further counter-notice.
(1) Where the tenant’s notice has been given in accordance with section 42 but—
(a) the landlord has failed to give the tenant a counter-notice in accordance with section 45(1), or
(b) if required to give a further counter-notice to the tenant by or by virtue of section 46(4) or section 47(4) or (5), the landlord has failed to comply with that requirement,
the court may, on the application of the tenant, make an order determining, in accordance with the proposals contained in the tenant’s notice, the terms of acquisition.
(2) The court shall not make such an order on an application made by virtue of paragraph (a) of subsection (1) unless it is satisfied—
(a) that on the relevant date the tenant had the right to acquire a new lease of his flat; and
(b) if applicable, that the requirements of Part I of Schedule 11 were complied with as respects the giving of copies of the tenant’s notice.
(3) Any application for an order under subsection (1) must be made not later than the end of the period of six months beginning with the date by which the counter-notice or further counter-notice referred to in that subsection was required to be given.
(4) Where—
(a) the terms of acquisition have been determined by an order of the court under this section, but
(b) a new lease has not been entered into in pursuance of the tenant’s notice by the end of the appropriate period specified in subsection (7),
the court may, on the application of either the tenant or the landlord, make such order as it thinks fit with respect to the performance or discharge of any obligations arising out of that notice.
(5) Any such order may provide for the tenant’s notice to be deemed to have been withdrawn at the end of the appropriate period specified in subsection (7).
(6) Any application for an order under subsection (4) must be made not later than the end of the period of two months beginning immediately after the end of the appropriate period specified in subsection (7).
(7) For the purposes of this section the appropriate period is—
(a) the period of two months beginning with the date when the order of the court under subsection (1) becomes final, or
(b) such other period as may have been fixed by the court when making that order.
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