504. Long residential leases; no forfeiture notice before determination that breach occurred.

A landlord1 under a long lease2 of a dwelling3 may not serve a forfeiture notice4 in respect of a breach by a tenant5 of a covenant or condition in the lease unless any of heads (1) to (3) below is satisfied6, namely that:

  1.  

    (1)     it has been finally determined on an application to the appropriate tribunal7 that the breach has occurred8;

  2.  

    (2)     the tenant has admitted the breach9; or

  3.  

    (3)     a court in any proceedings, or an arbitral tribunal10 in proceedings pursuant to a post-dispute arbitration agreement11, has finally determined that the breach has occurred12.

A notice may not, however,