Schedule 5 - Application of Chapter 1 of Part 1 to existing tenancies: transitional provision

Part of Renters (Reform) Bill – in the House of Commons am 6:00 pm ar 24 Ebrill 2024.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Amendments made: 241, page 152, line 14, at end insert—

“Tenancies to which Chapter 1 of Part 1 applies on conversion to a periodic tenancy

A1 Where the extended application date in relation to an existing tenancy is the date on which it is converted to a periodic tenancy, the amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until immediately after it is so converted.

Section 1: existing tenancies continue as modified

A2 The application of section 4A of the 1998 Act (inserted by section 1) in relation to an existing tenancy does not bring that tenancy to an end, and the terms of such a tenancy are not affected by the application of section 4A of the 1988 Act except as provided by that section.”

This amendment makes provision like existing paragraph 2 of Schedule 5 but applying to contractual periodic tenancies as well as statutory periodic tenancies. It also makes it clear that the application of clause 1 to an existing tenancy does not create a new tenancy.

Amendment 186, page 152, line 22, leave out “116(2)(b)” and insert

“(Application of Chapter 1 of Part 1)(3)”.

This amendment is consequential on amendment NC28.

Amendment 242, page 153, line 2, leave out paragraph 2.

This amendment is consequential on amendment 241.

Amendment 187, page 154, line 16, leave out “116(2)(b)” and insert

“(Application of Chapter 1 of Part 1)(3)”.

This amendment is consequential on amendment NC28.

Amendment 199, page 154, line 30, at end insert—

“Section (Assured agricultural occupancies: opting out etc): existing opt-out notices for assured agricultural occupancies

8A Where an existing tenancy would be an assured agricultural occupancy but for a notice served under paragraph 9(2) of Schedule 2A to the 1988 Act, the tenancy is to be treated for the purposes of Chapter 3 of Part 1 of the 1988 Act as amended by this Act, on and after the extended application date, as a tenancy in relation to which an opt-out notice has been served under section 24A of the 1988 Act (inserted by section (Assured agricultural occupancies: opting out etc) of this Act).”

This amendment ensures that where tenancies have been opted-out from the assured agricultural occupancy regime, those tenancies continue to be opted-out tenancies as provided for in amendment NC29.

Amendment 243, page 154, line 34, at end insert—

“Schedule 1: student accommodation ground

9A In relation to an existing tenancy, paragraph (za) in Ground 4A in Schedule 2 to the 1988 Act is to be read as if for “before the beginning of the tenancy or on the day on which it began” there were substituted “before the extended application date (within the meaning given by section (Application of Chapter 1 of Part 1)(3) of the Renters (Reform) Act 2024)”.”

This amendment makes transitional provision for the new ground of possession for student accommodation, Ground 4A.

Amendment 188, page 154, line 34, at end insert—

“Schedule 1: stepping stone accommodation ground

9B In relation to an existing tenancy, paragraph (b) in Ground 5H in Schedule 1 to the 1988 Act is to be read as if after “agreement” there were inserted “or in a written statement given to the tenant before the extended application date (within the meaning given by section (Application of Chapter 1 of Part 1)(3) of the Renters (Reform) Act 2024)”.”

This amendment makes transitional provision for the new ground of possession for stepping stone accommodation, Ground 5H.

Amendment 189, page 155, line 1, leave out “116(4)” and insert

“(Application of Chapter 1 of Part 1)(3)”.

This amendment is consequential on amendment NC28.

Amendment 190, page 155, line 2, at end insert—

“Existing tenancies subject to possession notice

10A Where, immediately before the extended application date, proceedings for an order for possession under section 8 of the 1988 Act in reliance on a valid notice given under that section of that Act have been commenced in relation to an existing tenancy and have not been concluded, or have not been commenced but have not become time-barred—

(a) the notice remains valid until any time when such proceedings in reliance on the notice become time-barred or are concluded, and

(b) until that time the amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy.

For the purposes of this paragraph, proceedings are “time-barred” after the time limit mentioned in section 8(3)(c) of the 1988 Act.”

This amendment prevents the amendments made by Part 1 of the Bill from affecting an assured tenancy that is subject to a live possession notice at the time when those amendments would otherwise apply to it.

Amendment 191, page 155, line 5, leave out “116(1)” and insert

“(Application of Chapter 1 of Part 1)(1)(a)”.

This amendment is consequential on amendment NC28.

Amendment 192, page 155, line 7, leave out “116(5)” and insert

“(Application of Chapter 1 of Part 1)(4)”.

This amendment is consequential on amendment NC28.

Amendment 244, page 155, leave out line 8.

This amendment is consequential on amendment 242.

Amendment 194, page 155, line 10, leave out “116(4)” and insert

“(Application of Chapter 1 of Part 1)(3)”.—(Jacob Young.)

This amendment is consequential on amendment NC28.

Third Reading

King’s consent signified.