(1)If and so long as a tenancy is, by virtue only of section 6 above, precluded from being a protected tenancy, it shall be treated for all purposes as a contract to which Part VII of this Act applies, notwithstanding the the rent may not include payment for the use of furniture or for services.
(2)In any case where—
(a)a tenancy which, by virtue only of section 6 above, was precluded from being a protected tenancy ceases to be so precluded and accordingly becomes a protected tenancy, and
(b)before it became a protected tenancy a rent was registered for the dwelling-house concerned under Part VII of this Act,
the amount which is so registered shall be deemed to be registered under Part V of this Act as the rent for the dwelling-house which is let on that tenancy, and that registration shall be deemed to take effect on the day the tenancy becomes a protected tenancy.
(3)Section 46(3)
above shall not apply to an application for the registration under Part V of this Act of a rent different from that which is deemed to be registered as mentioned in subsection (2) above.
(4)The reference in section 47(1)(b) above to a rent being registered for a dwelling-house does not include a rent which is deemed to be registered as mentioned in subsection (2) above.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(6)If, in a case where a tenancy becomes a protected tenancy as mentioned in subsection (2)(a) above,—
(a)a notice to quit had been served in respect of the dwelling-house concerned before the date on which the tenancy became a protected tenancy, and
(b)the period at the end of which that notice to quit takes effect had, before that date, been extended under Part VII of this Act, and
(c)that period has not expired before that date,
the notice to quit shall take effect on the day following that date (whenever it would otherwise take effect) and, accordingly, on that day the protected tenancy shall become a statutory tenancy.
Textual Amendments
F1S. 98(5) repealed by Housing (Scotland) Act 1988 (c. 43, SIF 61), s. 72(3), Sch. 10