3 Continuation of tenancies to which s. 1 applies.E+W
(1)A tenancy which is current immediately before the term date and is then a tenancy to which section one of this Act applies shall not come to an end on that date except by being terminated under the provisions of this Part of this Act, and if not then so terminated shall subject to those provisions continue until so terminated and shall, while continuing by virtue of this section, be deemed (notwithstanding any change in circumstances) to be a tenancy to which section one of this Act applies.
(2)Where by virtue of the last foregoing subsection a tenancy is continued after the term date, then—
(a)if the premises qualifying for protection are the whole of the property comprised in the tenancy, the tenancy shall continue at the same rent and in other respects on the same terms as before the term date;
(b)if the premises qualifying for protection are only part of the property comprised in the tenancy, the tenancy while continuing after the term date shall have effect as a tenancy of those premises to the exclusion of the remainder of the property, and at a rent to be ascertained by apportioning the rent payable before the term date as between those premises and the remainder of the property, and in other respects on the same terms (subject to any necessary modifications) as before the term date.
(3)In this Part of this Act the expression “the premises qualifying for protection” means the aggregate of the premises of which, [F1if the tenancy in question were not one at a low rent], the tenant would be entitled to retain possession by virtue of the [F2Rent Act] after the coming to an end of the tenancy at the term date.
(4)Any question arising under paragraph (b) of subsection (2) of this section as to the premises comprised in a tenancy continuing as mentioned in that paragraph, as to the rent payable in respect of a tenancy so continuing, or as to any of the terms of such a tenancy, shall be determined by agreement between the landlord and the tenant or, on the application of either of them, by the court.
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Amendments (Textual)
F1Words restored by Leasehold Reform Act 1967 (c. 88), s. 39(2), Sch. 5 para. 2(b)
F2Words substituted by Rent Act 1968 (c. 23), Sch. 15 (continued by Rent Act 1977 (c. 42), Sch. 24 para. 30)