38 Other excluded cases

38  Other excluded cases

(1)     Section 36(1) above (and section 41 below) shall not apply if on the date of death the tenancy is the subject of a valid notice to quit to which subsection (1) of section 26 above applies, being a notice given before that date in the case of which—

(a)     the month allowed by that subsection for serving a counter-notice under that subsection expired before that date without such a counter-notice having been served, or

(b)     the Tribunal consented before that date to its operation.

(2)     Section 36(1) (and section 41) shall

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