Paragraph 11

Where, under sub-paragraph (2) of paragraph 10 above, a tenant’s notice is referred to F1the appropriate tribunal, the F2tribunal, having regard only to the contents of the landlord’s notice and the tenant’s notice, shall decide—

and where the tribunal decide that there are disputed terms and that there is a dispute as to the rent under the tenancy, they shall make a determination under sub-paragraph (3) below before they make a determination under sub-paragraph (5) below.

Where, under paragraph 10(2) above, a tenant’s notice is referred to F4the appropriate tribunal, any reference in this Schedule to the undisputed terms is a reference to those terms (if any) which—

If the F5appropriate tribunal decide that there are disputed terms, they shall determine whether the terms in the landlord’s notice, the terms in the tenant’s notice, or some other terms, dealing with the same subject matter as the disputed terms are such as, in the F6tribunal’s opinion, might reasonably be expected to be found in an assured monthly periodic tenancy of the dwelling-house F7in England F8(not being an assured shorthold tenancy) F9, or a periodic standard contract of the dwelling-house in Wales which does not incorporate section 173 (landlord’s notice) of the 2016 Act as a term of the contract —

and the F12tribunal shall, if they consider it appropriate, specify an adjustment of the undisputed terms to take account of the terms so determined and shall, if they consider it appropriate, specify an adjustment of the rent to take account of the terms so determined and, if applicable, so adjusted.

In making a determination under sub-paragraph (3) above, or specifying an adjustment of the rent or undisputed terms under that sub-paragraph, there shall be disregarded any effect on the terms or the amount of rent attributable to the granting of a tenancy to a sitting tenant.

If the F13appropriate tribunal decide that there is a dispute as to the rent under the assured periodic tenancy F14or the periodic standard contract, the F15tribunal shall determine the monthly rent at which, subject to sub-paragraph (6) below, the tribunal consider that the dwelling-house might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy F16of the dwelling-house in England F17(not being an assured shorthold tenancy) F18or a periodic standard contract of the dwelling-house in Wales—

Subsections (2), F21(3A),(4) and (5) of section 14 of the 1988 Act shall apply in relation to a determination of rent under sub-paragraph (5) above as they apply in relation to a determination under that section subject to the modifications in sub-paragraph (7) below; and in this paragraph “rent” shall be construed in accordance with subsection (4)of that section.

The modifications of section 14 of the 1988 Act referred to in sub-paragraph (6) above are that in subsection (2), the reference in paragraph (b) to a relevant improvement being carried out shall be construed as a reference to an improvement being carried out during the long residential tenancy and the reference in paragraph (c) to a failure to comply with any term of the tenancy shall be construed as a reference to a failure to comply with any term of the long residential tenancy.

Where a reference has been made to F22the appropriate tribunal under sub-paragraph (2) of paragraph 10 above, then,—

with effect from the date on which the assured periodic tenancy F24or the periodic standard contract takes effect in possession.

Where the tribunal has determined the terms of the occupation (including a term relating to rent) of a dwelling-house in Wales, the tribunal may—

Nothing in this Schedule affects the right of the landlord and the tenant under the assured periodic tenancy F26of a dwelling-house in England to vary by agreement any term of the tenancy (including a term relating to rent).

Nothing in this Schedule affects the right of the landlord and the contract-holder under the occupation contract of the dwelling-house in Wales to vary by agreement any term of the occupation contract (including a term relating to rent) subject to section 122 of the 2016 Act.