1004. Effect of refusal of order.

Where a landlord's notice to resume possession1 has been served, and either:

  1.  

    (1)     the tenant2 elects to retain possession3; or

  2.  

    (2)     at the end of the period of two months after the service of the landlord's notice, the qualifying condition4 is fulfilled as respects the tenancy5,

and the landlord does not obtain an order6 for possession7, the following provisions have effect:

  1.  

    (a)     if, at the expiration of the period within which an application8 may be made, the landlord has not made such an application, the landlord's notice and anything done in pursuance of it cease thereupon to have effect