PART 10MISCELLANEOUS

CHAPTER 3TENANCIES AND LICENCES EXISTING BEFORE COMMENCEMENT OF THIS CHAPTER

240Conversion of tenancies and licences existing before commencement of Chapter

1

For the purposes of determining the matters in subsection (2), a tenancy or licence which existed immediately before the appointed day is to be treated as if it were made on the appointed day.

2

The matters are—

a

whether the tenancy or licence is an occupation contract,

b

the identity of the contract-holders under the contract, and

c

whether the contract is a secure contract or a standard contract.

3

Subsections (4) to (7) apply to a tenancy or licence which becomes an occupation contract on the appointed day.

4

The fundamental provisions applicable to the contract are incorporated as terms of the contract.

5

The existing terms of the contract continue to have effect, except to the extent that they—

a

are incompatible with a fundamental provision incorporated as a term of the contract, or

b

are terms of the contract because of an enactment repealed or revoked under this Act.

6

The supplementary provisions applicable to the contract are incorporated as terms of the contract, except to the extent that they are incompatible with the existing terms of the contract.

7

This section is subject to Schedule 12 (which makes further provision about existing tenancies and licences, modifies the application of this Act, and includes a fundamental provision incorporated into certain standard contracts).