4 Notice to quit in alternative
7.54 Where a notice to quit is expressed to be given in the alternative, viz it is capable of taking effect either under s 26(1) or under s 26(2), then if the landlord subsequently fails to make out the facts alleged on arbitration, the notice to quit will take effect under s 26(1).
In this event the time within which a counter notice under the latter provision can be served, to invoke the tribunal consent procedure, is extended to one month from the termination of the arbitration.135 Where arbitration on such a notice takes place, it is clear from the wording of the Arbitration Order (ibid) that a counter notice invoking s 26(1) must be served within one month of its termination, even if a counter notice has already been served at some stage prior to the arbitration taking place.136
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