(1)Without prejudice to the operation of section 1(1) above if, in a case where . . . F1, section 17 of the M1Rent (Scotland) Act 1971 applies (effect on sub-tenancies of determination of superior tenancy), the relevant conditions are fulfilled, the terms on which the sub-tenant is, by virtue of that subsection, deemed to become the tenant of the landlord shall not include any terms as to the provision by the landlord of furniture or services.
(2)The relevant conditions referred to in subsection (1) above are—
(a)that the [F2statutorily protected tenancy] which is determined as mentioned in the said section . . . F1 17(2) was neither a protected furnished tenancy nor a statutory furnished tenancy; and
(b)that, immediately before the determination of that [F2statutorily protected tenancy], the sub-tenant referred to in that section was the tenant under a protected furnished tenancy or a statutory furnished tenancy; and
(c)that the landlord, within the period of six weeks beginning with the day on which the [F2statutorily protected tenancy] referred to in that section is determined, serves notice on the sub-tenant that this section is to apply to his [F2statutorily protected tenancy].
[F3(3)In this section “statutorily protected tenancy” has the same meaning as in the said section 18(2)]
Textual Amendments
F1Words repealed by Rent Act 1977 (c. 42, SIF 75:3), s. 155, Sch. 25 (subject to the savings and transitional provisions in Schedule 24)
F2Words substituted by Rent (Agriculture) Act 1976 (c. 80, SIF 75:3), s. 40(2), Sch. 8 para. 32
Marginal Citations