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
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.