Schedule 1 – New Schedule 8A to the 2016 Act
22.New Schedule 8A lists those standard occupation contracts to which not less than two months’ notice can be given under a section 173 notice (see section 1 of this Act) or landlord’s break clause (see section 2 of this Act), rather than six months. These are descriptions of contracts under which it is considered reasonable for a landlord to be able to obtain possession within a shorter timeframe than the six month notice period applying generally to a section 173 notice and a landlord’s break clause. These contract descriptions include: prohibited conduct standard contracts (which can be imposed in response to a breach of section 55 of the 2016 Act (anti-social behaviour and other prohibited conduct); accommodation for students in higher education, where their landlord is a higher education institution; a supported standard contract (in relation to supported accommodation – see section 143 of the 2016 Act); temporary accommodation for homeless persons, and service occupancies (where the contract-holder is required to occupy the dwelling under his or her contract of employment).
23.Schedule 8A may be amended by regulations by virtue of paragraph 13 of that Schedule. This will allow for other descriptions of contracts to be added to the Schedule. Regulations made under paragraph 13 of Schedule 8A to the 2016 Act are subject to the affirmative procedure (see the amendment to section 256 of the 2016 Act in Schedule 6 to the Act).
