SCHEDULES
SCHEDULE 8 Crown Estate and Duchies—Consequential Provisions
Part I
Rent Act 1977
1
Where a tenancy granted before the commencement of section 73 of this Act becomes, or would but for its low rent become, a protected tenancy by virtue of that section, section 5 of the 1977 Act applies as if in relation to the dwelling-house the appropriate day were the commencement of that section.
C12
In Part I of Schedule 15 to the 1977 Act the following is inserted after paragraph (b) of Case 6 :
bb
the commencement of section 73 of the Housing Act 1980, in the case of a tenancy which became a regulated tenancy by virtue of that section.
3
In Part II of Schedule 15 to the 1977 Act any reference to the relevant date shall (notwithstanding paragraph 2 of Part III of that Schedule) be construed, in the case of a tenancy which becomes a regulated tenancy by virtue of section 73 of this Act as meaning the date falling six months after the passing of this Act.
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.