Paragraph 23 Relevant pre-application instruments that require 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.

(2)

Condition A: immediately before the commencement date—

(a)

the relevant pre-application instrument required the affected dwelling-house to be let, and

(b)

that requirement—

(i)

would have been complied with by letting the affected dwelling-house under an assured shorthold tenancy, but

(ii)

would not have been complied with by letting the affected dwelling-house under a relevant assured tenancy.

(3)

Condition B: immediately before the commencement date—

(a)

the relevant pre-application instrument required the affected dwelling-house to be let, and

(b)

that requirement—

(i)

would have been complied with by letting the affected dwelling-house under an assured tenancy (other than an assured shorthold tenancy), but

(ii)

would not have been complied with by letting the affected dwelling-house under a relevant assured tenancy.

(4)

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

(5)

That requirement to let under a relevant assured tenancy must be complied with in the same circumstances, and on the same terms, as the pre-commencement requirement had to be complied with 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 requirement” means—

(a)

if only condition A is met, the requirement to let mentioned in sub-paragraph (2)(b)(i);

(b)

if only condition B is met, the requirement to let mentioned in sub-paragraph (3)(b)(i);

(c)

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

Annotations

Commencement

I1: Sch. 6 para. 23 in force at Royal Assent, see s. 145(6)