Landlord and Tenant (Amendment) Act 1980

Rights of parties on service of improvement objection.

[New in pt. cf. 1931, s. 16]

52

52.— (1) Where an improvement notice is served and, within one month, either the landlord or a superior landlord serves an improvement objection, the tenant may, save as is otherwise provided in this section, within one month after the service of the improvement objection, either—

( a) by notice in writing served on the landlord or on the landlord and the superior landlord (as the case may require) withdraw the improvement notice, or

( b) apply to the Court under this section.

(2) Where a tenant so withdraws an improvement notice, the notice shall be deemed never to have been served.

(3) On an application under this section the Court shall, subject to subsection (4), make an order (in this Act referred to as an improvement order) authorising the tenant to make the improvement in accordance with the improvement notice either without modification or with such modifications as the Court thinks proper and, if the Court so thinks fit, specifying a time within which the improvement shall be completed.

(4) The Court shall reject the application if it is satisfied that the tenant holds the tenement otherwise than under a lease for a term of which at least five years were unexpired at the time when the improvement notice was served and would, on any of the grounds specified in section 17 (2) ( a), not be entitled under Part II to a new tenancy.

(5) Where an improvement order has been made and the tenant refuses or fails to execute and complete in accordance with the order the improvement thereby authorised within the time limited in that behalf by the order or, where no such time is so limited, within a reasonable time, the landlord or any superior landlord may apply to the Court and, on the hearing of the application, the Court may make such order as justice may require.