SCHEDULETRANSITIONAL PROVISIONS

1

In this Schedule—

  • “the commencement date” means 1st September 1988,

  • “the Housing Act” means the Housing Act 19852,

  • “the 1985 Act” means the Landlord and Tenant Act 19853, and

  • “the principal Act” means the Landlord and Tenant Act 1987.

Extension of sections 18 to 30 of the 1985 Act to dwellings other than flats2

In their application to dwellings other than flats by virtue of Schedule 2 to the principal Act

a

section 19(1) and (2) of the 1985 Act shall not have effect in relation to a service charge payable for a period beginning before the commencement date;

b

section 19(3) of the 1985 Act4 shall not have effect in relation to an agreement entered into before the commencement date;

c

section 20 of the 1985 Act5 shall not have effect in relation to qualifying works begun before, or carried out under a contract entered into before, the commencement date;

d

sections 21 to 23 of the 1985 Act6 shall not have effect where the period referred to in section 21(1) of that Act begins before the commencement date.

Application of sections 18 to 30 of the 1985 Act in other cases

3

Section 20 of the 1985 Act shall continue to have effect as originally enacted in relation to a service charge for works—

a

begun before the commencement date, or

b

where the landlord has, before that date, given or displayed with respect to those works the notice required by section 20(3)(b) as so enacted.

4

Sections 21 and 28 of the 1985 Act7 shall continue to have effect as originally enacted in relation to such a summary as is referred to in section 21(1) if the period referred to in that subsection to which the summary relates began before the commencement date.

Court proceedings5

Sections 19(5) and 20C of the 1985 Act8 shall not have effect in relation to proceedings begun before the commencement date.

Time limit on making demands6

Section 20B(2) of the 1985 Act9 shall have effect in relation to relevant costs which were incurred before the commencement date as if a reference to the period of 28 months beginning on the commencement date were substituted for the reference to the period of 18 months beginning on the date when they were incurred.

Recognised tenants' associations7

An association which is recognised as mentioned in section 29(1) of the 1985 Act before the commencement date shall not cease to be recognised for the purposes of the 1985 Act because of section 41(1) of the principal Act (insofar as it relates to paragraph 10(2) and (3) of Schedule 2.)

Application of sections 45 to 51 of the Housing Act to leasehold dwellings8

Section 41(2), section 61(1), (in so far as it relates to paragraphs 4 to 6 of Schedule 4) and section 61(2) (in so far as it relates to repeals to the Housing Act in Schedule 5) of the principal Act shall not affect the application to dwellings let on long leases (within the meaning of section 45(2) of the Housing Act as originally enacted) of—

a

section 47(1) and (2) of the Housing Act in relation to a service charge payable for a period beginning before the commencement date;

b

section 47(3) of the Housing Act in relation to an agreement entered into before the commencement date; and

c

sections 48 to 51 of the Housing Act in relation to such a summary as is referred to in section 48(1) if the period referred to in that subsection to which the summary relates began before the commencement date.