SCHEDULE 12CONVERSION OF TENANCIES AND LICENCES EXISTING BEFORE COMMENCEMENT OF CHAPTER 3 OF PART 10

Variation

F113B.

Section 123 (variation of rent) does not apply to a converted contract that is a periodic standard contract F2under which the landlord is a private landlord and which immediately before the appointed day—

(a)

was an assured tenancy but not an assured shorthold tenancy, and

(b)

contained a term which made provision about variation of the rent under the tenancy or licence.

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(1)

A converted contract may not be varied before the landlord has given the contract-holder a written statement of the contract.

(2)

Sub-paragraph (1) does not apply to F3—

(a)

a variation under section 104 or 123 (variation of rent)F4, or

(b)

an increase in rent under section 93 of the Rent Act 1977 (c. 42).

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(1)

Sections 104 and 123 (variation of rent) apply to a converted contract F5(other than a contract mentioned in paragraph 13B) as if any variations in the rent payable under the contract before the appointed day were variations under whichever of those sections applies.

F6(1A)

Sections 104 and 123 (variation of rent) apply to a converted contract under which the landlord is a community landlord as if, for subsection (3)(a) in each of these sections, there were substituted—

“(a)

the first notice given after the appointed day must specify a date which is not less than 51 weeks after the last date on which a new rent took effect, and”.

(2)

The Welsh Ministers must by regulations make provision—

(a)

enabling the contract-holder under a relevant converted contract, following receipt of a notice under section 104 or 123, to apply to a prescribed person or persons for a determination of the rent for the dwelling, and

(b)

for the rent determined by the prescribed person or persons, in accordance with such assumptions as may be prescribed, to be the rent for the dwelling under the contract (unless the landlord and contract-holder otherwise agree).

F7(3)

A converted contract is a relevant converted contract if—

(a)

immediately before the appointed day it was a tenancy or licence to which section 13 of the Housing Act 1988 (c. 50) (increases of rent under assured periodic tenancies) applied,

(b)

it is a periodic standard contract which is a substitute contract (see paragraph 32)—

(i)

arising under section 184(2), or

(ii)

within section 184(6),

and which immediately before the appointed day was an assured tenancy, but not an assured shorthold tenancy, for a fixed term, or

(c)

it is a secure contract which immediately before the appointed day was an assured tenancy, but not an assured shorthold tenancy, for a fixed term.