349. Effect of counter-notice by tenant.

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.  

    (1)     that the immediate remedying of the breach in question is requisite