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

Termination of contract by landlordE+W

[F125A(1)This paragraph applies to a periodic standard contract which immediately before the appointed day was an assured shorthold tenancy.E+W

(2)This Act applies as if—

[F2(a)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)in section 175 (landlord's notice: notice may not be given until after first six months of occupation), [F3the reference in subsection (1)] (and the heading) to “six months” [F4was a reference] to “four months” [F5, and

(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.]]