49 Notices of increase.E+W
(1)Any reference in this section to a notice of increase is a reference to a notice of increase under section 45(2), [F1or 46] of this Act.
(2)A notice of increase must be in the prescribed form.
(3)Notwithstanding that a notice of increase relates to statutory periods, it may be served during a contractual period.
(4)Where a notice of increase is served during a contractual period and the protected tenancy could, by a notice to quit served by the landlord at the same time, be brought to an end before the date specified in the notice of increase, the notice of increase shall operate to convert the protected tenancy into a statutory tenancy as from that date.
(5)If the county court is satisfied that any error or omission in a notice of increase is due to a bona fide mistake on the part of the landlord, the court may by order amend the notice by correcting any errors or supplying any omission therein which, if not corrected or supplied, would render the notice invalid and, if the court so directs, the notice as so amended shall have effect and be deemed to have had effect as a valid notice.
(6)Any amendment of a notice of increase under subsection (5) above may be made on such terms and conditions with respect to arrears of rent or otherwise as appear to the court to be just and reasonable.
(7)No increase of rent which becomes payable by reason of an amendment of a notice of increase under subsection (5) above shall be recoverable in respect of any statutory period which ended more than 6 months before the date of the order making the amendment.
Textual Amendments
F1Words substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 38