PART IVE+W SECURE TENANCIES AND RIGHTS OF SECURE TENANTS

Modifications etc. (not altering text)

C2Pt. IV (ss. 79-117) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(c)

C3Pt. 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 tenureE+W

86 Periodic tenancy arising on termination of fixed term.E+W

(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.