Local Government and Housing Act 1989

11(1)Where, under sub-paragraph (2) of paragraph 10 above, a tenant’s notice is referred to [F1the appropriate tribunal], the [F2tribunal], having regard only to the contents of the landlord’s notice and the tenant’s notice, shall decide—E+W

(a)whether there is any dispute as to the terms (other than those relating to the amount of the rent) of the assured periodic tenancy [F3or the periodic standard contract] (in this Schedule referred to as “disputed terms”) and, if so, what the disputed terms are; and

(b)whether there is any dispute as to rent under the tenancy;

and where the [F2tribunal] decide that there are disputed terms and that there is a dispute as to the rent under the tenancy, they shall make a determination under sub-paragraph (3) below before they make a determination under sub-paragraph (5) below.

(2)Where, under paragraph 10(2) above, a tenant’s notice is referred to [F4the appropriate tribunal], any reference in this Schedule to the undisputed terms is a reference to those terms (if any) which—

(a)are proposed in the landlord’s notice or the tenant’s notice; and

(b)do not relate to the amount of the rent; and

(c)are not disputed terms.

(3)If the [F5appropriate tribunal] decide that there are disputed terms, they shall determine whether the terms in the landlord’s notice, the terms in the tenant’s notice, or some other terms, dealing with the same subject matter as the disputed terms are such as, in the [F6tribunal’s] opinion, might reasonably be expected to be found in an assured monthly periodic tenancy of the dwelling-house [F7in England] (not being an assured shorthold tenancy) [F8, or a periodic standard contract of the dwelling-house in Wales which does not incorporate section 173 (landlord’s notice) of the 2016 Act as a term of the contract] —

(a)which begins on the day following the date of termination;

(b)which is granted by a willing landlord on terms which, except so far as they relate to the subject matter of the disputed terms, are the undisputed terms; and

(c)in respect of which possession may not be recovered under any of Grounds 1 to 5 in Part I of Schedule 2 to the 1988 Act [F9in relation to the dwelling-house in England or under section 173 (landlord’s notice) of the 2016 Act in relation to the dwelling-house in Wales];

and the [F10tribunal] shall, if they consider it appropriate, specify an adjustment of the undisputed terms to take account of the terms so determined and shall, if they consider it appropriate, specify an adjustment of the rent to take account of the terms so determined and, if applicable, so adjusted.

(4)In making a determination under sub-paragraph (3) above, or specifying an adjustment of the rent or undisputed terms under that sub-paragraph, there shall be disregarded any effect on the terms or the amount of rent attributable to the granting of a tenancy to a sitting tenant.

(5)If the [F11appropriate tribunal] decide that there is a dispute as to the rent under the assured periodic tenancy [F12or the periodic standard contract], the [F13tribunal] shall determine the monthly rent at which, subject to sub-paragraph (6) below, the [F13tribunal] consider that the dwelling-house might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy [F14of the dwelling-house in England] (not being an assured shorthold tenancy) [F15or a periodic standard contract of the dwelling-house in Wales]—

(a)which is a monthly periodic tenancy;

(b)which begins on the day following the date of termination;

(c)in respect of which possession may not be recovered under any of Grounds 1 to 5 in Part I of Schedule 2 to the 1988 Act [F16of the dwelling-house in England or under section 173 (landlord’s notice) of the 2016 Act of the dwelling-house in Wales]; and

(d)the terms of which (other than those relating to the amount of the rent)are the same as—

(i)the undisputed terms; or

(ii)if there has been a determination under sub-paragraph (3) above, the terms determined by the [F13tribunal] under that sub-paragraph and the undisputed terms (as adjusted, if at all, under that sub-paragraph).

(6)Subsections (2), [F17(3A),](4) and (5) of section 14 of the 1988 Act shall apply in relation to a determination of rent under sub-paragraph (5) above as they apply in relation to a determination under that section subject to the modifications in sub-paragraph (7) below; and in this paragraph “rent” shall be construed in accordance with subsection (4)of that section.

(7)The modifications of section 14 of the 1988 Act referred to in sub-paragraph (6) above are that in subsection (2), the reference in paragraph (b) to a relevant improvement being carried out shall be construed as a reference to an improvement being carried out during the long residential tenancy and the reference in paragraph (c) to a failure to comply with any term of the tenancy shall be construed as a reference to a failure to comply with any term of the long residential tenancy.

(8)Where a reference has been made to [F18the appropriate tribunal] under sub-paragraph (2) of paragraph 10 above, then,—

(a)if the [F19tribunal] decide that there are no disputed terms and that there is no dispute as to the rent, paragraph 10(2)(b) above shall apply as if the notice had not been so referred,

(b)where paragraph (a) above does not apply then, so far as concerns the amount of the rent under the tenancy, if there is a dispute as to the rent, the rent determined by the [F19tribunal] (subject, in a case where section 14(5) of the 1988 Act applies, to the addition of the appropriate amount in respect of rates) and, if there is no dispute as to the rent, the rent specified in the landlord’s notice or, as the case may be, the tenant’s notice (subject to any adjustment under sub-paragraph (3) above) shall be the rent under the tenancy, and

(c)where paragraph (a) above does not apply and there are disputed terms, then, so far as concerns the subject matter of those terms, the terms determined by the [F19tribunal] under sub-paragraph (3) above shall be terms of the tenancy and, so far as concerns any undisputed terms, those terms (subject to any adjustment under sub-paragraph (3) above) shall also be terms of the tenancy,

with effect from the date on which the assured periodic tenancy [F20or the periodic standard contract] takes effect in possession.

[F21(8A)Where the tribunal has determined the terms of the occupation (including a term relating to rent) of a dwelling-house in Wales, the tribunal may—

(i)attach a written statement of the occupation contract to its order, or

(ii)order the landlord to give the contract-holder the modified written statement of the contract.]

(9)Nothing in this Schedule affects the right of the landlord and the tenant under the assured periodic tenancy [F22of a dwelling-house in England] to vary by agreement any term of the tenancy (including a term relating to rent).

[F23(10)Nothing in this Schedule affects the right of the landlord and the contract-holder under the occupation contract of the dwelling-house in Wales to vary by agreement any term of the occupation contract (including a term relating to rent) subject to section 122 of the 2016 Act.]