|
Tenancies and subtenancies: referral of disputes concerning their termination.
|
81.—(1) The purpose of this section is to—
|
| |
(a) limit, in certain circumstances, the right of referral to the Board by a sub-tenant of a dispute concerning the termination of the tenancy out of which his or her sub-tenancy arises, and
|
| |
(b) require the tenant of such a tenancy (in addition to employing the procedures under Chapter 4 of Part 5) to make a certain inquiry of the sub-tenant before the tenant may himself or herself refer to the Board for resolution a dispute concerning the termination of that tenancy.
|
| |
(2) If a landlord, in serving a notice of termination on a tenant in respect of a tenancy, requires the tenant to terminate any sub-tenancy arising out of the tenancy, the tenant shall, if the tenant intends to refer to the Board for resolution a dispute concerning the termination of the tenancy, require the sub-tenant to inform him or her, within 10 days from receipt of the notice mentioned in subsection (3), whether or not the sub-tenant intends to refer to the Board for resolution any dispute that the sub-tenant considers thereby arises or exists in the circumstances relating to the termination of the tenancy.
|
| |
(3) That requirement shall be stated in the notice of termination required by the landlord to be served by the head-tenant on the sub-tenant.
|
| |
(4) If a sub-tenant does not comply with the requirement mentioned in subsection (2) within the period specified in that subsection then the sub-tenant may not refer to the Board for resolution any dispute concerning the termination of the tenancy concerned.
|
| |
(5) If the tenant—
|
| |
(a) does not comply with the second-mentioned requirement in subsection (2), then the tenant may not refer to the Board for resolution any dispute concerning the termination of the tenancy concerned, or
|
| |
(b) does comply with that requirement, the tenant may not refer to the Board for resolution such a dispute until 15 days elapse from the date of service of the notice concerned mentioned in subsection (3).
|