Section 253 — Property Law Act 2007: Relief against cancellation of lease for breach of covenant or condition

253 Relief against cancellation of lease for breach of covenant or condition (1) All or any of the following persons may apply to a court for relief against the cancellation, or proposed cancellation, of a lease on the ground of a breach of a covenant or condition of the lease: (a) the lessee: (b) a mortgagee of the leasehold estate or interest: (c) a receiver appointed in respect of the leasehold estate or interest: (d) if 2 or more persons are entitled to the leasehold estate or interest as joint tenants, 1 or more of those persons on behalf of the other joint tenants. (2) If an application made in accordance with subsection (1)(d) is not made by all of the joint tenants, the application must be served on every joint tenant who is not already a party, unless the court orders otherwise. (3) Relief may be sought in— (a) a proceeding brought by the lessor for an order for possession of the land; or (b) a proceeding brought for the purpose of seeking the relief. (4) A proceeding referred to in subsection (3)(b) must be brought— (a) before an order for possession of the land is made in a proceeding referred to in subsection (3)(a); or (b) if the lessor has peaceably re-entered the land, not later than 3 months after the date on which the lessor peaceably re-entered the land. (5) Subsection (4)(b) is subject to section 254 . Compare: Landlord and Tenant Act 1730, 4 Geo 2, c 28 s 4 (UK); 1952 No 51 s 118