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Local Government and Housing Act 1989
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Local Government and Housing Act 1989, Paragraph 10 is up to date with all changes known to be in force on or before 24 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 1(1C) inserted by 2024 asc 5 s. 65(2)(c)
- s. 1(13) inserted by 2024 asc 5 s. 65(2)(d)
- s. 2(1C) inserted by 2024 asc 5 s. 65(3)(a)
- s. 2(10D)(10E) inserted by 2024 asc 5 s. 65(3)(b)
- s. 65(2)(b)(ii) inserted by 2004 c. 23 Sch. 2 para. 11 (Pt. IV repealed (18.11.2003 for E. for the repeal of ss. 45, 53, 27.11.2003 for W. for the purpose of and in relation to financial years beginning on or after 1st April 2004, and 1.4.2004 for E. in so far as not already in force) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 7 para. 29; S.I. 2003/2938, arts. 3(h), 7(b) (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I (with Sch. 2 para. 2))
- s. 76A 76B inserted by 2014 c. 29 s. 24(2)
- s. 87(1A) inserted by 2014 c. 29 s. 24(5)
- Sch. 10 para. 5(4A) inserted by 2024 c. 22 Sch. 9 para. 8(b)
- Sch. 10 para. 5(4)(a)(b) and words substituted for words by 2024 c. 22 Sch. 9 para. 8(a)
10(1)Where a landlord’s notice proposing an assured tenancy [F1or periodic standard contract] 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 [F2or the periodic standard contract] 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 [F3or the periodic standard contract] 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 [F4the appropriate tribunal]; and
(b)if the notice is not so referred, then, with effect from the date on which the assured periodic tenancy [F5or the periodic standard contract] 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
F1Words in Sch. 10 para. 10(1) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 18(5)(g)(ii)
F2Words in Sch. 10 para. 10(1)(a)(i) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 18(5)(g)(iii)
F3Words in Sch. 10 para. 10(1)(b) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 18(5)(g)(iv)
F4Words 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)
F5Words in Sch. 10 para. 10(2)(b) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 18(5)(g)(v)
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