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SCHEDULES

SCHEDULE 10E+W Security of Tenure on Ending of Long Residential Tenancies

Modifications etc. (not altering text)

C1Sch. 10 excluded (1.11.1993) by 1993 c. 28, s. 59(2)(b)(i) (with ss. 94(2), 95); S.I. 1993/2134, arts. 2, 5(a)

PreliminaryE+W

2(1)This paragraph has effect for the interpretation of certain expressions used in this Schedule.E+W

(2)Except where the context otherwise requires, expressions to which a meaning is assigned for the purposes of the 1988 Act or Part I of that Act have the same meaning in this Schedule.

(3)Long tenancy” means a tenancy granted for a term of years certain exceeding 21 years, whether or not subsequently extended by act of the parties or by any enactment, but excluding any tenancy which is, or may become, terminable before the end of the term by notice given to the tenant.

[F1(4)A tenancy is “at a low rent” if under the tenancy—

(a)no rent is payable,

(b)where the tenancy is entered into on or after 1st April 1990 (otherwise than, where the dwelling-house had a rateable value on 31st March 1990, in pursuance of a contract made before 1st April 1990), the maximum rent payable at any time is payable at a rate of—

(i)£1,000 or less a year if the dwelling-house is in Greater London and,

(ii)£250 or less a year if the dwelling-house is elsewhere, or,

(c)where the tenancy was entered into before 1st April 1990 or (where the dwelling-house had a rateable value on 31st March 1990) is entered into on or after 1st April 1990 in pursuance of a contract made before that date, and the maximum rent payable at any time under the tenancy is less than two-thirds of the rateable value of the dwelling-house on 31st March 1990.]

(5)[F2Paragraph 2(2)] of Schedule 1 to the 1988 Act applies to determine whether the rent under a tenancy falls within sub-paragraph (4) above and Part II of that Schedule applies to determine the rateable value of a dwelling-house for the purposes of that sub-paragraph.

(6)Long residential tenancy” and “qualifying condition” have the meaning assigned by paragraph 1 above and the following expressions shall be construed as follows—

Textual Amendments

F1Sch. 10 para. 2(4) substituted by S.I. 1990/434, reg. 2,Sch. para. 33

F2Words substituted by S.I. 1990/434, reg. 2, Sch. para. 34

Marginal Citations