OpenLegislation

Section 2 Power to alter notice period

(1)

The Department may (subject to subsections (2) and (3)) by regulations amend section 1(1)(a)—

(a)

to alter the reference to 12 weeks to—

(i)

a reference to 6 months, or

(ii)

a reference to any other specified period which is less than 6 months, or

(b)

to alter a reference which has been altered by virtue of paragraph (a) or this paragraph.

(2)

A reference which has been altered by virtue of subsection (1)(a) or (b) cannot result in the reference being to a specified period of more than 6 months.

(3)

Regulations under subsection (1) may not alter the reference in section 1(1)(a) to a period of more than 12 weeks in the case of—

(a)

a landlord who needs to live in the dwelling-house, or

(b)

a landlord of a tenancy in which the tenant, or any other person residing in the tenant's household, engages in serious anti-social behaviour after this Act comes into operation.

(4)

Regulations under subsection (1) may, in particular—

(a)

make provision about the meaning of “needs to live in the dwelling-house” and “engages in serious anti-social behaviour” in subsection (3);

(b)

make provision about the evidence to be provided to show that a case falls within subsection (3)(a) or (b).

(5)

Regulations under subsection (1) are subject to negative resolution.