Paragraph 19 Key definitionsI1

England, Wales and Scotland

(1)

“Residential premises” are premises that consist of or include one or more dwelling-houses in England.

(2)

A lease of residential premises (whether or not in writing) is a “relevant pre-application instrument” if it was entered into—

(a)

before the commencement date, or

(b)

on or after that date under a contract entered into before that date.

(3)

A mortgage arrangement which relates to residential premises is a “relevant pre-application instrument” if it was entered into—

(a)

before the commencement date, or

(b)

on or after that date by the acceptance of an offer made before that date.

(4)

A contract of insurance which relates to residential premises is a “relevant pre-application instrument” if it was entered into—

(a)

before the commencement date, or

(b)

on or after that date by the acceptance of an offer made before that date.

(5)

A section 106 obligation is a “relevant pre-application instrument” if it was entered into before the commencement date.

(6)

In relation to a relevant pre-application instrument, “affected dwelling-house” means—

(a)

if the relevant pre-application instrument is a lease, the dwelling-house, or each dwelling-house, let by the lease;

(b)

if the relevant pre-application instrument is a mortgage arrangement, the dwelling-house, or each dwelling-house, to which the mortgage arrangement relates;

(c)

if the relevant pre-application instrument is a contract of insurance, the dwelling-house, or each dwelling-house, to which the contract of insurance relates;

(d)

if the relevant pre-application instrument is a section 106 obligation, the dwelling-house, or each dwelling-house, to which the section 106 obligation relates.

(7)

In relation to times before the commencement date, an assured tenancy is a “relevant” assured tenancy if—

(a)

it is not an assured shorthold tenancy,

(b)

it is a periodic tenancy, and

(c)

each period of the tenancy is—

(i)

a period of 28 days or shorter, or

(ii)

a monthly period,

including where there are different periods at different times, each of which falls within sub-paragraph (i) or (ii).

(8)

In relation to times on or after the commencement date, an assured tenancy is a “relevant” assured tenancy if—

(a)

it is a periodic tenancy, and

(b)

each period of the tenancy is—

(i)

a period of 28 days or shorter, or

(ii)

a monthly period,

including where there are different periods at different times, each of which falls within sub-paragraph (i) or (ii).

Annotations

Commencement

I1: Sch. 6 para. 19 in force at Royal Assent, see s. 145(6)