SCHEDULE 12CONVERSION OF TENANCIES AND LICENCES EXISTING BEFORE COMMENCEMENT OF CHAPTER 3 OF PART 10

Termination of contract by landlord

I125

Sections 173 to 180 (termination by landlord's notice) are not applicable to a periodic standard contract which immediately before the appointed day was an assured tenancy but not an assured shorthold tenancy.

I2F425A

1

This paragraph applies to a periodic standard contract which immediately before the appointed day was an assured shorthold tenancy.

2

This Act applies as if—

F9a

the reference in section 174(1) (landlord’s notice: minimum notice period) to “six months” were, in relation to a notice given under section 173 during the period of six months starting with the appointed day, a reference to “two months”, and

b

in section 175 (landlord's notice: notice may not be given until after first six months of occupation), F3the reference in subsection (1) (and the heading) to “six months” F6was a reference to “four months” F1, and

c

in section 175, for subsections (2) and (3) there were substituted—

2

If the converted contract is a substitute tenancy or licence, the landlord may not give notice under section 173 before the end of the period of four months starting with the day on which the contract-holder became entitled to occupy the dwelling under the original tenancy or licence.

3

For the purposes of subsection (2)—

a

a converted contract was a substitute tenancy or licence if—

i

the occupation date of the converted contract falls immediately after the end of a preceding tenancy or licence,

ii

immediately before the occupation date of the converted contract a tenant or licensee under the contract was a tenant or licensee under the preceding tenancy or licence, and a landlord under the converted contract was a landlord under the preceding tenancy or licence, and

iii

the converted contract relates to the same (or substantially the same) dwelling as the preceding tenancy or licence, and

b

original tenancy or licence” means—

i

where the substitute tenancy or licence has an occupation date falling immediately after the end of a tenancy or licence which is not a substitute tenancy or licence, the tenancy or licence which preceded the substitute tenancy or licence;

ii

where there have been successive substitute tenancies or licences, the tenancy or licence which preceded the first of the substitute tenancies or licences.

I3C1F225B

1

This paragraph applies to a fixed term standard contract which—

a

immediately before the appointed day was a tenancy or licence for a fixed term, and

b

is not within Schedule 9B.

F71A

The reference to a tenancy or licence for a fixed term in sub-paragraph (1)(a) does not include a reference to an assured tenancy that was not an assured shorthold tenancy.

2

The landlord may, before or on the last day of the term for which the contract was made, give the contract-holder notice that he or she must give up possession of the dwelling on a date specified in the notice.

3

The specified date may not be less than six months after—

a

the occupation date (see paragraph 31), or

b

if, immediately before the appointed day, the converted contract was a substitute tenancy or licence, the day on which the contract-holder became entitled to occupy the dwelling under the original tenancy or licence.

4

Subject to sub-paragraph (3), the specified date—

a

may not be before the last day of the term for which the converted contract was made, and

b

may not be less than two months after the day on which the notice is given to the contract-holder.

5

For the purposes of sub-paragraph (3)—

a

a converted contract was a substitute tenancy or licence if—

i

the occupation date of the converted contract falls immediately after the end of a preceding tenancy or licence,

ii

immediately before the occupation date of the converted contract a tenant or licensee under the contract was a tenant or licensee under the preceding tenancy or licence, and a landlord under the converted contract was a landlord under the preceding tenancy or licence, and

iii

the converted contract relates to the same (or substantially the same) dwelling as the preceding tenancy or licence, and

b

original tenancy or licence” means—

i

where the substitute tenancy or licence has an occupation date falling immediately after the end of a tenancy or licence which is not a substitute tenancy or licence, the tenancy or licence which preceded the substitute tenancy or licence;

ii

where there have been successive substitute tenancies or licences, the tenancy or licence which preceded the first of the substitute tenancies or licences.

6

If the landlord gives the contract-holder a notice under sub-paragraph (2), the landlord may on that ground make a possession claim.

7

The landlord may not make a possession claim on that ground before the end of the fixed term standard contract.

8

Sub-paragraphs (2) to (7) are fundamental provisions which are incorporated as a term of all fixed term standard contracts to which this paragraph applies.

I425C

Where paragraph 25B applies, this Act applies as if—

a

references to section 186 include a reference to paragraph 25B,

b

references to a notice under section 186(1) include a reference to a notice under paragraph 25B(2), and

c

references to the ground in section 186(5) include a reference to the ground in paragraph 25B(6).

I5F525D

1

This paragraph applies to a fixed term standard contract F8(other than a tenancy or licence mentioned in paragraph 26(2) or (3)) which, immediately before the appointed day, was a tenancy or licence for a fixed term containing a landlord's break clause.

2

This Act applies as if—

a

in section 194 (landlord's break clause)—

i

in subsection (1), the words “which is within subsection (1A)” were omitted, and

ii

subsection (1A) were omitted,

b

in section 195 (minimum notice period), the reference in subsection (1) to “six months” were a reference to “two months”,

c

in section 196 (landlord's notice: notice may not be given until after first 18 months of occupation), the reference in subsection (1) (and the heading) to “18 months” were a reference to “four months”, and

d

Schedule 9C were omitted.

I626

1

Section 194 (landlord's break clause) does not apply to the following fixed term standard contracts (and accordingly sections 195 to 201 are not incorporated as terms of such contracts).

2

A fixed term standard contract which immediately before the appointed day was a secure tenancy for a fixed term.

3

A fixed term standard contract which—

a

immediately before the appointed day was an assured tenancy for a fixed term, and

b

is not an excluded contract.

4

A contract is an excluded contract if, immediately before the appointed day, the landlord could have made a claim for possession relying on Ground 3 or 4 of Schedule 2 to the Housing Act 1988 (c. 50).

I727

Estate management Ground C (special accommodation: charities) applies to a converted contract as if the occupation contract was made on the appointed day.