Application to the Lands Tribunal

Tenancy application by landlord or tenant10

1

In this Order “tenancy application” means either—

a

an application by the landlord for an order that the tenant is not entitled to a new tenancy; or

b

an application by the tenant for an order for the grant of a new tenancy.

2

Where a landlord has served a notice to determine, a tenancy application may be made to the Lands Tribunal at any time between the date of service of the notice and the date of termination.

3

Where a tenant has served a notice containing a request for a new tenancy, a tenancy application may be made to the Lands Tribunal at any time between the date of service of a notice served by the landlord under Article 7(6)(b) and the date specified in the tenant’s request for the beginning of the new tenancy.

4

On a tenancy application by either party, the Lands Tribunal may exercise any power that would have been exercisable by it on a tenancy application by the other, and, accordingly—

a

neither the landlord nor the tenant may make a tenancy application if the other has done so; and

b

the landlord may not withdraw a tenancy application made by him unless the tenant consents to its withdrawal.

5

The Lands Tribunal, on an application made by the landlord or the tenant in relation to a tenancy, may by order—

a

vary (by extension or reduction) the time limit mentioned in paragraph (2) or paragraph (3) (and any extension may be made after the expiration of the time limit);

b

set an alternative time limit for the purposes of paragraph (3) where the landlord has not served a notice under Article 7(6)(a) or (b).