Section 12 – Landlord’s request to vary periodic standard contract terms: removal of additional notice procedure
64.This section removes section 126 from the 2016 Act and makes consequential amendments to sections 125 and 173 of the 2016 Act.
65.Section 126 of the 2016 Act sets out a procedure for the landlord to vary the terms of a periodic standard contract (other than in relation to the amount of rent or other consideration) by notice. Subject to certain requirements, section 126 enabled the landlord to make a possession claim as if they had given the contract-holder a section 173 notice if the contract-holder did not consent to the variation proposed by the landlord.
66.As a result of this amendment, the terms of a periodic standard contract (other than in relation to rent or other consideration) can only be varied by agreement between the landlord and the contract-holder. (See sections 123 and 124 of the 2016 Act for the provisions on variation of rent or other consideration in a periodic standard contract).