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Paragraph 10

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where a landlord’s notice proposing an assured tenancy F1or periodic standard contract has been served on the tenant,—

(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.

Annotations

Textual amendments

F1

Words 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)

F2

Words 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)

F3

Words 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)

F4

Words 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)

F5

Words 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)

Notes on Schedule 10

Modifications

C1

Sch. 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)

Notes on Initial rent under and terms of assured periodic tenancy or periodic standard contract

Textual amendments

F1

Words in Sch. 10 para. 10 heading 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)(i)