Paragraph 28 Leases which cannot be returned at end of term free of sub-leaseI1

England, Wales and Scotland

(1)

This paragraph applies to a lease if—

(a)

the lease was entered into before the commencement date or under a contract entered into before that date,

(b)

the lease is—

(i)

periodic, or

(ii)

a fixed term lease of a term certain not exceeding 21 years,

(c)

the lease is modified by paragraph 21 or 23,

(d)

a dwelling-house is sub-let under the lease on a tenancy (entered into before or after the commencement date) which is (or becomes on or after that date, by virtue of this Act or otherwise) a relevant assured tenancy, and

(e)

the tenancy was entered into in accordance with the terms of the lease as they stood when the tenancy was entered into (or, if it was not, the breach has been waived by the landlord).

(2)

The lease has effect as if it provided that a failure by the lessee at the end of the lease to return the premises to the landlord free from the relevant assured tenancy does not constitute a breach of the lease.

Annotations

Commencement

I1: Sch. 6 para. 28 in force at Royal Assent, see s. 145(6)