SCHEDULE 12CONVERSION OF TENANCIES AND LICENCES EXISTING BEFORE COMMENCEMENT OF CHAPTER 3 OF PART 10
Termination of contract by landlord
F125B
(1)
This paragraph applies to a fixed term standard contract which—
(a)
immediately before the appointed day was a tenancy or licence for a fixed term, and
(b)
is not within Schedule 9B.
F2(1A)
The reference to a tenancy or licence for a fixed term in sub-paragraph (1)(a) does not include a reference to an assured tenancy that was not an assured shorthold tenancy.
(2)
The landlord may, before or on the last day of the term for which the contract was made, give the contract-holder notice that he or she must give up possession of the dwelling on a date specified in the notice.
(3)
The specified date may not be less than six months after—
(a)
the occupation date (see paragraph 31), or
(b)
if, immediately before the appointed day, the converted contract was a substitute tenancy or licence, the day on which the contract-holder became entitled to occupy the dwelling under the original tenancy or licence.
(4)
Subject to sub-paragraph (3), the specified date—
(a)
may not be before the last day of the term for which the converted contract was made, and
(b)
may not be less than two months after the day on which the notice is given to the contract-holder.
(5)
For the purposes of sub-paragraph (3)—
(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.
(6)
If the landlord gives the contract-holder a notice under sub-paragraph (2), the landlord may on that ground make a possession claim.
(7)
The landlord may not make a possession claim on that ground before the end of the fixed term standard contract.
(8)
Sub-paragraphs (2) to (7) are fundamental provisions which are incorporated as a term of all fixed term standard contracts to which this paragraph applies.