Section 6 Fixing of terms of statutory periodic tenancy.F1

In this section, in relation to a statutory periodic tenancy,—

but nothing in the following provisions of this section applies to a statutory periodic tenancy at a time when, by virtue of paragraph 11 or paragraph 12 in Part 1 of Schedule 1 to this Act, it cannot be an assured tenancy.

Not later than the first anniversary of the day on which the former tenancy came to an end, the landlord may serve on the tenant, or the tenant may serve on the landlord, a notice in the prescribed form proposing terms of the statutory periodic tenancy different from the implied terms and, if the landlord or the tenant considers it appropriate, proposing an adjustment of the amount of the rent to take account of the proposed terms.

Where a notice has been served under subsection (2) above,—

Where a notice under subsection (2) above is referred to F3the appropriate tribunal, the F4appropriate tribunal shall consider the terms proposed in the notice and shall determine whether those terms, or some other terms (dealing with the same subject matter as the proposed terms), are such as, in F5the appropriate tribunal’s opinion, might reasonably be expected to be found in an assured periodic tenancy of the dwelling-house concerned, being a tenancy—

Whether or not a notice under subsection (2) above proposes an adjustment of the amount of the rent under the statutory periodic tenancy, where F6the appropriate tribunal determine any terms under subsection (4) above, they shall, if they consider it appropriate, specify such an adjustment to take account of the terms so determined.

In making a determination under subsection (4) above, or specifying an adjustment of an amount of rent under subsection (5) above, there shall be disregarded any effect on the terms or the amount of the rent attributable to the granting of a tenancy to a sitting tenant.

Where a notice under subsection (2) above is referred to F7the appropriate tribunal, then, unless the landlord and the tenant otherwise agree, with effect from such date as the F8appropriate tribunal may direct—

but for the purposes of paragraph (b) above the appropriate tribunal shall not direct a date earlier than the date specified, in accordance with subsection (3)(b) above, in the notice referred to them.

Nothing in this section requires F9the appropriate tribunal to continue with a determination under subsection (4) above if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end.