SCHEDULE 12

CONVERSION OF TENANCIES AND LICENCES EXISTING BEFORE COMMENCEMENT OF CHAPTER 3 OF PART 10

Determination of whether existing tenancy or licence is occupation contract
2
1
Schedule 2 applies to—
a
a tenancy or licence which immediately before the appointed day was a secure tenancy, an assured tenancy, an introductory tenancy or a demoted tenancy, and
b
a tenancy which existed immediately before the appointed day but is not within paragraph (a),
as if paragraphs 3(2)(b) and 4 (care institutions) were omitted.
2
Schedule 2 applies to a tenancy which immediately before the appointed day was a secure tenancy, an assured tenancy, an introductory tenancy or a demoted tenancy as if paragraphs 3(2)(c) and 5 (temporary expedients) were omitted.
2A
Schedule 2 applies to a tenancy or licence which immediately before the appointed day was a secure tenancy or an assured tenancy as if paragraph 7(3)(k)(i) of that Schedule were omitted.
3
The landlord may, in relation to a tenancy or licence which existed immediately before the appointed day, give notice under paragraph 1 or 3 of Schedule 2 at any time before the end of the initial notice period.
4
If the landlord does so, the tenancy or licence is to be treated as having become an occupation contract on the appointed day.
5
Part 5 of Schedule 2 (special rules applying to supported accommodation) does not apply to—
a
a tenancy which existed immediately before the appointed day;
b
a licence which—
i
immediately before the appointed day was a secure tenancy;
ii
has a start date (within the meaning given in paragraph 13(5) of Schedule 2) falling more than 6 months before the appointed day.
6
In their application to a tenancy or licence which immediately before the appointed day was an assured agricultural occupancy—
a
section 7 (tenancies and licences that are occupation contracts) applies as if subsection (1)(b) (rent or other consideration must be payable) were omitted, and
b
Schedule 2 applies as if paragraph 1(2) were omitted.
2A
1
Section 7(6) and paragraph 7(2) of Schedule 2 do not apply to a licence where immediately before the appointed day—
a
the licensee was aged 16 or 17, and
b
the licence was—
i
a secure tenancy, or
ii
an assured agricultural occupancy.
2
Where sub-paragraph (1) applies, this Act applies to the contract-holder as if he or she were aged 18.
Sch. 12 para. 2(2A) inserted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795), regs. 1(2), 4(a)
Sch. 12 para. 2(5)(6) inserted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795), regs. 1(2), 4(b)