Landlord and Tenant Act 1954

10 (1) Where a tenancy of a shop (within the meaning of Part II of the Leasehold Property (Temporary Provisions) Act, 1951) is current at the commencement of this Act, and before the commencement of this Act—

(a) the tenant has made application under the said Part II for the grant of a new tenancy but the application has been finally disposed of without the grant of a new tenancy being ordered, or

(b) the landlord has served notice under subsection (2) of section eleven of the said Act of 1951, calling on the tenant to elect whether to make an application and the time for making the application has expired without its having been made,

the tenancy shall not be one to which part II of this Act applies.

(2) For the purposes of this paragraph an application shall be treated as having been finally disposed of when the proceedings on the application (including any proceedings on or in consequence of an appeal) have been determined and any time for appealing or further appealing has expired, except that if the application is withdrawn or any appeal is abandoned, the application shall be treated as having been finally disposed of at the time of withdrawal or abandonment.