1005. Relief for tenant where landlord proceeding to enforce covenants.

Where, in the case of a protected long tenancy1 at a low rent2:

  1.  

    (1)     the immediate landlord3 has brought proceedings to enforce a right of re-entry or forfeiture or a right to damages in respect of a failure to comply with any terms of the tenancy4;

  2.  

    (2)     the tenant has made application in the proceedings for relief5; and

  3.  

    (3)     the court6 makes an order for the recovery from the tenant of possession of the property comprised in the tenancy or for the payment by the tenant of such damages, and the order is made at a time earlier than