Paragraph 17 Claim form for section 8 possession proceedings not already requestedI1

This paragraph applies where, before the commencement date—

The notice under section 8 remains valid—

The amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice under section 8 ceases to be valid by virtue of sub-paragraph (2) (and accordingly the tenancy remains an assured shorthold tenancy until then).

In relation to a tenancy to which sub-paragraph (3) applies, section 146(3) (except in its application to this paragraph) has effect as if the following were substituted for the definition of “commencement date”—

• ““commencement date” means the date on which, by virtue of paragraph 17 of Schedule 6, the amendments made by Chapter 1 of Part 1 apply in relation to a tenancy;”.

In this paragraph—

• “applicable period”, in relation to possession proceedings—

  1. (a)

     the period of twelve months included in the notice under section 8 of the 1988 Act in accordance with subsection (3)(c) of that section, or

  2. (b)

     the period of three months beginning with the commencement date, if this three month period ends before the twelve month period mentioned in paragraph (a);

• “possession proceedings” means proceedings for an order for possession under section 8 of the 1988 Act in reliance on a valid notice given under that section.