SCHEDULE 12E+WCONVERSION OF TENANCIES AND LICENCES EXISTING BEFORE COMMENCEMENT OF CHAPTER 3 OF PART 10

VariationE+W

15(1)Sections 104 and 123 (variation of rent) apply to a converted contract [F3(other than a contract mentioned in paragraph 13B)] as if any variations in the rent payable under the contract before the appointed day were variations under whichever of those sections applies.E+W

(2)The Welsh Ministers must by regulations make provision—

(a)enabling the contract-holder under a relevant converted contract, following receipt of a notice under section 104 or 123, to apply to a prescribed person or persons for a determination of the rent for the dwelling, and

(b)for the rent determined by the prescribed person or persons, in accordance with such assumptions as may be prescribed, to be the rent for the dwelling under the contract (unless the landlord and contract-holder otherwise agree).

[F4(3)A converted contract is a relevant converted contract if—

(a)immediately before the appointed day it was a tenancy or licence to which section 13 of the Housing Act 1988 (c. 50) (increases of rent under assured periodic tenancies) applied,

(b)it is a periodic standard contract which is a substitute contract (see paragraph 32)—

(i)arising under section 184(2), or

(ii)within section 184(6),

and which immediately before the appointed day was an assured tenancy, but not an assured shorthold tenancy, for a fixed term, or

(c)it is a secure contract which immediately before the appointed day was an assured tenancy, but not an assured shorthold tenancy, for a fixed term.]