Amendments to Schedule 12I115

In paragraph 25A—

a

in sub-paragraph (2)(b)—

i

for “the references in subsections (1) and (2)” substitute “the reference in subsection (1)”;

ii

for “were references” substitute “was a reference”;

b

after sub-paragraph (2)(b) insert—

, and

c

in section 175, for subsections (2) and (3) there were substituted—

2

If the converted contract is a substitute tenancy or licence, the landlord may not give notice under section 173 before the end of the period of four months starting with the day on which the contract-holder became entitled to occupy the dwelling under the original tenancy or licence.

3

For the purposes of subsection (2)—

a

a converted contract was a substitute tenancy or licence if—

i

the occupation date of the converted contract falls immediately after the end of a preceding tenancy or licence,

ii

immediately before the occupation date of the converted contract a tenant or licensee under the contract was a tenant or licensee under the preceding tenancy or licence, and a landlord under the converted contract was a landlord under the preceding tenancy or licence, and

iii

the converted contract relates to the same (or substantially the same) dwelling as the preceding tenancy or licence, and

b

“original tenancy or licence” means—

i

where the substitute tenancy or licence has an occupation date falling immediately after the end of a tenancy or licence which is not a substitute tenancy or licence, the tenancy or licence which preceded the substitute tenancy or licence;

ii

where there have been successive substitute tenancies or licences, the tenancy or licence which preceded the first of the substitute tenancies or licences.