SCHEDULES

SCHEDULE 8 Crown Estate and Duchies—Consequential Provisions

Part I

Rent Act 1977

4

1

Part II of Schedule 18 to the 1977 Act applies to a tenancy which becomes a regulated tenancy by virtue of section 73 of this Act (unless it is a tenancy falling within sub-paragraph (2) below).

2

Nothing in Part IX of the 1977 Act applies to the assignment, before the end of the year 1990, of a tenancy which falls within this sub-paragraph; and a tenancy falls within this sub-paragraph if it was granted for a term certain and its terms do not inhibit both the assignment and the underletting of the whole of the premises comprised in the tenancy, and either—

a

it was granted before the commencement of section 73 of this Act and became a regulated tenancy by virtue of that section; or

b

it is a regulated tenancy by virtue of that section and was granted to a person who, at the time of the grant, was the tenant of the premises comprised in it under a regulated tenancy which also fell within this sub-paragraph.

3

For the purposes of sub-paragraph (2) above the terms of a tenancy inhibit an assignment or underletting if they—

a

preclude it; or

b

permit it subject to a consent but exclude section 144 of the M1Law of Property Act 1925 (no payment in nature of fine); or

c

permit it subject to a consent but require in connection with a request for consent the making of an offer to surrender the tenancy.