Paragraph 21 Relevant pre-application instruments that permit letting on tenancies that are no longer possibleI1

England, Wales and Scotland

(1)

This paragraph applies to a relevant pre-application instrument if either or both of conditions A and B are met in relation to the affected dwelling-house.

(2)

Condition A: immediately before the commencement date, the relevant pre-application instrument—

(a)

permitted the affected dwelling-house to be let under an assured shorthold tenancy, but

(b)

did not permit the affected dwelling-house to be let under a relevant assured tenancy.

(3)

Condition B: immediately before the commencement date, the relevant pre-application instrument—

(a)

permitted the affected dwelling-house to be let under an assured tenancy (other than an assured shorthold tenancy), but

(b)

did not permit the affected dwelling-house to be let under a relevant assured tenancy.

(4)

The relevant pre-application instrument has effect on and after the commencement date as if it permits the affected dwelling-house to be let under a relevant assured tenancy.

(5)

That power to let under a relevant assured tenancy is exercisable in the same circumstances, and on the same terms, as the pre-commencement power to let was exercisable immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.

(6)

In this paragraph “pre-commencement power to let” means—

(a)

if only condition A is met, the power to let mentioned in sub-paragraph (2)(a);

(b)

if only condition B is met, the power to let mentioned in sub-paragraph (3)(a);

(c)

if conditions A and B are both met, the power to let mentioned in sub-paragraph (3)(a).

Annotations

Commencement

I1: Sch. 6 para. 21 in force at Royal Assent, see s. 145(6)