SCHEDULES
F2SCHEDULE 2A Assured Tenancies: Non-Shortholds
Assured agricultural occupancies
F19
1
An assured tenancy—
a
in the case of which the agricultural worker condition is, by virtue of any provision of Schedule 3 to this Act, for the time being fulfilled with respect to the dwelling-house subject to the tenancy, and
b
which does not fall within sub-paragraph (2) or (4) below.
2
An assured tenancy falls within this sub-paragraph if—
a
before it is entered into, a notice—
i
in such form as may be prescribed, and
ii
stating that the tenancy is to be a shorthold tenancy,
is served by the person who is to be the landlord under the tenancy on the person who is to be the tenant under it, and
b
it is not an excepted tenancy.
3
For the purposes of sub-paragraph (2)(b) above, an assured tenancy is an excepted tenancy if—
a
the person to whom it is granted or, as the case may be, at least one of the persons to whom it is granted was, immediately before it is granted, a tenant or licensee under an assured agricultural occupancy, and
b
the person by whom it is granted or, as the case may be, at least one of the persons by whom it is granted was, immediately before it is granted, a landlord or licensor under the assured agricultural occupancy referred to in paragraph (a) above.
4
An assured tenancy falls within this sub-paragraph if it comes into being by virtue of section 5 above on the coming to an end of a tenancy falling within sub-paragraph (2) above.
Sch. 2A inserted (28.2.1997) by 1996 c. 52, s. 96(2), Sch. 7; S.I. 1997/225, art. 2 (subject to savings in Sch.)