Levelling-up and Regeneration Act 2023

Valid from 02/12/2024

196 Restriction on letting while initial notice in force E+W

(1) While an initial letting notice is in force in relation to premises, the landlord of the premises may not—

(a) grant, or agree to grant, a tenancy of, or licence to occupy, the premises, or

(b) enter into any other agreement resulting in another person becoming entitled to possess or occupy the premises (except as a result of the transfer or extinction of the landlord’s interest),

without the written consent of the local authority that served the notice.

(2) The local authority must give or refuse consent under subsection (1) within a reasonable time after it is sought.

(3) Subsection (1) does not apply to the grant of a tenancy pursuant to an obligation that bound the landlord before the initial letting notice took effect.

(4) An obligation that is conditional on the service of an initial letting notice in relation to the premises is to be disregarded for the purposes of subsection (3).

(5) A tenancy or licence granted, or other agreement entered into, without consent required by subsection (1) is void.

(6) But subsection (5) is to be treated as never having applied to a tenancy, licence or agreement if—

(a) either—

(i) the initial letting notice expires without a final letting notice having taken effect, or

(ii) a final letting notice served further to the initial letting notice expires without a contract having been entered into under section 204, and

(b) the parties to the tenancy, licence or agreement have, until the expiry, conducted themselves towards each other on the basis that the tenancy, licence or agreement is valid.

Commencement Information

I1 S. 196 not in force at Royal Assent, see s. 255(7)