1359. Effect on initial notice of tenant's lack of qualification to participate.

Where at the relevant date1 any of the persons by whom the initial notice2 is given:

  1.  

    (1)     is not a qualifying tenant3 of a flat4 contained in the specified premises5; or

  2.  

    (2)     is such a qualifying tenant but is prohibited6 from participating in the giving of the notice; or

  3.  

    (3)     if it is claimed in the notice that he satisfies the former residence condition