Section 5 – Landlord’s break clause under fixed term standard contract: when notice may be given
27.Section 196(1) of the 2016 Act states that a landlord cannot give notice to end a fixed term standard contract under a landlord’s break clause during the first four months of occupation.
28.Section 5(1)(a) of the Act amends section 196(1) of the 2016 Act so that the four month restriction is increased to 18 months.
29.Section 5(1)(b) of the Act removes section 196(2) and (3) from the 2016 Act. These provided that if the contract was a substitute occupation contract, the restriction imposed by section 196 applied from the occupation date of the original contract.
30.The amendment means that whether or not the contract is a substitute occupation contract is no longer relevant. The restriction imposed by section 196 will apply from the occupation date of each new fixed term standard contract agreed between the landlord and contract-holder.
