New Clause 28: Renters (Reform) Bill
New Clause 28 - Application of Chapter 1 of Part 1
“(1) Chapter 1 of Part 1 applies (subject to any provision made by or under this Act)—
(a) in relation to an assured tenancy that is entered into on or after the day on which that Chapter comes into force (“the commencement date”), and
(b) on and after the extended application date, in relation to an assured tenancy that—
(i) was entered into before the commencement date, and
(ii) continues in effect on the extended application date,
(and accordingly, on the extended application date any such tenancy becomes an assured tenancy to which section 4A of the 1988 Act, as inserted by section 1 of this Act, applies).
(2) Schedule 5 contains transitional provision relating to the application of Chapter 1 of Part 1 to assured tenancies referred to in subsection (1)(b) (‘existing tenancies’).
(3) In paragraph (b) of subsection (1) ‘the extended application date’ means—
(a) in relation to an assured tenancy referred to in that paragraph that is converted to a periodic tenancy on or after the commencement date but before the date appointed under paragraph (b) of this subsection, the date on which it is so converted;
(b) in relation to another assured tenancy referred to in paragraph (b) of subsection (1), a date appointed by the Secretary of State by regulations.
(4) For the purposes of subsection (3)(a) an assured tenancy is ‘converted to a periodic tenancy’ if and when it becomes a periodic tenancy on the expiry of a fixed term.
(5) The Secretary of State may not make regulations under subsection (3)(b) until the assessment under section (Assessment of operation of possession process) has been published.
(6) For the purposes of the relevant provisions, a fixed term assured tenancy and a periodic tenancy that arises on its expiry by virtue of section 5 of the 1988 Act are to be treated as a single assured tenancy which—
(a) is entered into when the fixed term tenancy was entered into, and
(b) becomes a periodic tenancy on the expiry of the fixed term.
(7) In subsection (6), ‘the relevant provisions’ means—
(a) section 5 of the Protection from Eviction Act 1977 as amended by section (Notices to quit by tenants under assured tenancies: timing),
(b) Part 1 of the 1988 Act as amended by Chapter 1 of Part 1,
(c) subsections (1) to (5) of this section, and
(d) Schedule 5.
(8) The Secretary of State may by regulations amend this section to provide for subsection (6) to apply for the purposes of other provision made by or under an Act passed before or later in the same session as this Act.
(9) A statutory instrument containing regulations under subsection (8) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(10) Regulations under this section may make different provision for different purposes.
(11) Regulations under this section are to be made by statutory instrument.
(12) Nothing in this section prevents regulations made under section (Commencement)(2) and (7) from appointing different days for the purposes of different descriptions of assured tenancy and, where they do so, the reference in subsection (1)(a) to the day on which Chapter 1 of Part 1 comes into force is to the day on which that Chapter comes into force for the purposes of the tenancy in question.
(13) Nothing in this section prevents regulations made under subsections (3)(b) and (10) from appointing different days for the purposes of different descriptions of assured tenancy and, where they do so, the reference in subsection (3)(b) to a date appointed by the Secretary of State in regulations is to a date so appointed for the purposes of the tenancy in question.”—(Jacob Young.)