Local Government and Housing Act 1989

10 (1) Where a landlord’s notice proposing an assured tenancy has been served on the tenant,— E+W

(a) within the period of two months beginning on the date of service of the notice, the tenant may serve on the landlord a notice in the prescribed form proposing either or both of the following, that is to say,—

(i) a rent for the assured periodic tenancy different from that proposed in the landlord’s notice; and

(ii) terms of the tenancy different from those specified in the landlord’s notice,

and such a notice is in this Schedule referred to as a “tenant’s notice”; and

(b) if a tenant’s notice is not so served, then, with effect from the date on which the assured periodic tenancy takes effect in possession,—

(i) the rent proposed in the landlord’s notice shall be the rent under the tenancy; and

(ii) the terms of the tenancy specified in the landlord’s notice shall be terms of the tenancy.

(2) Where a tenant’s notice has been served on the landlord under sub-paragraph (1) above—

(a) within the period of two months beginning on the date of service of the notice, the landlord may by an application in the prescribed form refer the notice to [F1 the appropriate tribunal]; and

(b) if the notice is not so referred, then, with effect from the date on which the assured periodic tenancy takes effect in possession,—

(i) the rent (if any) proposed in the tenant’s notice, or, if no rent is so proposed, the rent proposed in the landlord’s notice, shall be the rent under the tenancy; and

(ii) the other terms of the tenancy (if any) proposed in the tenant’s notice and, in so far as they do not conflict with the terms so proposed, the terms specified in the landlord’s notice shall be terms of the tenancy.

Textual Amendments

F1 Words in Sch. 10 para. 10(2)(a) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 95(6) (with Sch. 3)