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) it has been finally determined on an application to the appropriate tribunal7 that the breach has occurred8;
(2) the tenant has admitted the breach9; or
(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,
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