Where a counter-notice is served by a lessee under the Leasehold Property (Repairs) Act 1938, 1then, notwithstanding anything in any enactment or rule of law, no legal proceedings2 may be taken by the lessor3 for the enforcement of any right of re-entry or forfeiture under any proviso or stipulation in the lease4, for breach of the covenant or agreement in question, or for damages for such breach, otherwise than with the permission of the court5.
Permission may not, however, be given for these purposes unless the lessor proves:
(1) that the immediate remedying of the breach in question is requisite
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234