5 Postponement of notice to quit

7.55 Where a tenant refers a question arising out of a notice to quit to arbitration under Art 9 of the Arbitration Order, then the operation of the notice to quit is suspended:

(i)in all cases, for the three-month period allowed by the Arbitration Order for an application for the appointment of an arbitrator,¹³⁷ and

(ii)if an appointment, or an application for such to the RICS, is made within that period, the notice to quit is further postponed until the termination of the subsequent arbitration.

7.56 If the arbitrator upholds the notice to quit, and the latter would come into effect within six months of the termination of the arbitration, the arbitrator can further postpone the operation of the notice to quit. Termination of the tenancy can be postponed in this way for a period not exceeding 12 months.¹³⁸ The postponement can be made by the arbitrator on his own motion, or on the application of the tenant, which latter must be made within 14 days after service on the tenant of the arbitrator’s award.