C1C2C3PART IV SECURE TENANCIES AND RIGHTS OF SECURE TENANTS

Annotations:
Modifications etc. (not altering text)
C2

Pt. IV (ss. 79-117) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(c)

C3

Pt. IV (ss. 79-117) extended (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 7(3)(6) (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3 (subject to transitional provisions in art. 4(b)(c))

Security of tenure

86 Periodic tenancy arising on termination of fixed term.

1

Where a secure tenancy (“the first tenancy”) is a tenancy for a term certain and comes to an end—

a

by effluxion of time, or

b

by an order of the court under section 82(3) (termination in pursuance of provision for re-entry or forfeiture),

a periodic tenancy of the same dwelling-house arises by virtue of this section, unless the tenant is granted another secure tenancy of the same dwelling-house (whether a tenancy for a term certain or a periodic tenancy) to begin on the coming to an end of the first tenancy.

2

Where a periodic tenancy arises by virtue of this section—

a

the periods of the tenancy are the same as those for which rent was last payable under the first tenancy, and

b

the parties and the terms of the tenancy are the same as those of the first tenancy at the end of it;

except that the terms are confined to those which are compatible with a periodic tenancy and do not include any provision for re-entry or forfeiture.