Local Government and Housing Act 1989

• (3) In relation to England, “long tenancy” means a tenancy granted for a term of years certain exceeding 21 years, whether or not subsequently extended by act of the parties or by any enactment, but excluding any tenancy which is, or may become, terminable before the end of the term by notice given to the tenant.

• (3A) In relation to Wales, “long tenancy” has the meaning given by paragraph 8 of Schedule 2 to the 2016 Act.

• (4) A tenancy is “at a low rent” if under the tenancy—

• (a) no rent is payable,

• (b) where the tenancy is entered into on or after 1st April 1990 (otherwise than, where the dwelling-house had a rateable value on 31st March 1990, in pursuance of a contract made before 1st April 1990), the maximum rent payable at any time is payable at a rate of—

• (i) £1,000 or less a year if the dwelling-house is in Greater London and,

• (ii) £250 or less a year if the dwelling-house is elsewhere, or,

• (c) where the tenancy was entered into before 1st April 1990 or (where the dwelling-house had a rateable value on 31st March 1990) is entered into on or after 1st April 1990 in pursuance of a contract made before that date, and the maximum rent payable at any time under the tenancy is less than two-thirds of the rateable value of the dwelling-house on 31st March 1990.

• (5) Paragraph 2(2) of Schedule 1 to the 1988 Act applies to determine whether the rent under a tenancy falls within sub-paragraph (4) above and Part II of that Schedule applies to determine the rateable value of a dwelling-house for the purposes of that sub-paragraph.

• (6) “Long residential tenancy” and “qualifying condition” have the meaning assigned by paragraph 1 above and the following expressions shall be construed as follows—

• “the 1954 Act” means the Landlord and Tenant Act 1954;

• “the 1988 Act” means the Housing Act 1988;

• “the 2016 Act” means the Renting Homes (Wales) Act 2016 (anaw 1);

• “assured periodic tenancy” shall be construed in accordance with paragraph 9(4) below;

• “the date of termination” has the meaning assigned by paragraph 4(4) below;

• “disputed terms” shall be construed in accordance with paragraph 11(1)(a) below;

• “election by the tenant to retain possession” shall be construed in accordance with paragraph 4(7) below;

• “former 1954 Act tenancy” means a tenancy to which, by virtue of section 186(3) of this Act, this Schedule applies on and after 15th January 1999;

• “the implied terms” shall be construed in accordance with paragraph 4(5)(a) below;

• “landlord” shall be construed in accordance with paragraph 19(1) below;

• “landlord’s notice” means a notice under sub-paragraph (1) of paragraph 4 below and such a notice is—a “landlord’s notice proposing an assured tenancy” if it contains such proposals as are mentioned in sub-paragraph (5)(a) of that paragraph; anda “landlord’s notice to resume possession” if it contains such proposals as are referred to in sub-paragraph (5)(b) of that paragraph;

• “specified date of termination”, in relation to a tenancy in respect of which a landlord’s notice is served, means the date specified in the notice as mentioned in paragraph 4(1)(a) below;

• “tenant’s notice” shall be construed in accordance with paragraph 10(1)(a) below;

• “term date”, in relation to a tenancy granted for a term of years certain, means the date of expiry of that term;

• “the terms of the tenancy specified in the landlord’s notice”shall be construed in accordance with paragraph 4(6) below; and

• “undisputed terms” shall be construed in accordance with paragraph 11(2) below.

Continuation of long residential tenancies

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• (1) A tenancy which, immediately before the term date, is a long residential tenancy shall not come to an end on that date except by being terminated under the provisions of this Schedule, and, if not then so terminated, shall subject to those provisions continue until so terminated and, while continuing by virtue of this paragraph, shall be deemed to be a long residential tenancy (notwithstanding any change in circumstances).

• (2) Sub-paragraph (1) above does not apply in the case of a former 1954 Act tenancy the term date of which falls before 15th January 1999 but if, in the case of such a tenancy,—

• (a) the tenancy is continuing immediately before that date by virtue of section 3 of the 1954 Act, and

• (b) on that date the qualifying condition (as defined in paragraph 1(1) above) is fulfilled,

then, subject to the provisions of this Schedule, the tenancy shall continue until terminated under those provisions and, while continuing by virtue of this paragraph, shall be deemed to be a long residential tenancy (notwithstanding any change in circumstances).

• (3) Where by virtue of this paragraph a tenancy continues after the term date, the tenancy shall continue at the same rent and in other respects on the same terms as before the term date.

Termination of tenancy by the landlord

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• (1) Subject to sub-paragraph (2) below and the provisions of this Schedule as to the annulment of notices in certain cases, the landlord may terminate along residential tenancy by a notice in the prescribed form served on the tenant—

• (a) specifying the date at which the tenancy is to come to an end, being either the term date or a later date; and

• (b) so served not more than twelve nor less than six months before the date so specified.

• (2) In any case where—

• (a) a landlord’s notice has been served, and

• (b) an application has been made to the court or the appropriate tribunal under the following provisions of this Schedule other than paragraph 6, and

• (c) apart from this paragraph, the effect of the notice would be to terminate the tenancy before the expiry of the period of three months beginning with the date on which the application is finally disposed of,

the effect of the notice shall be to terminate the tenancy at the expiry of the said period of three months and not at any other time.

• (3) The reference in sub-paragraph (2)(c) above to the date on which the application is finally disposed of shall be construed as a reference to the earliest date by which the proceedings on the application (including any proceedings on or in consequence of an appeal) have been determined and any time for appealing or further appealing has expired, except that if the application is withdrawn or any appeal is abandoned the reference shall be construed as a reference to the date of withdrawal or abandonment.

• (4) In this Schedule “the date of termination”, in relation to a tenancy in respect of which a landlord’s notice is served, means,—

• (a) where the tenancy is continued as mentioned in sub-paragraph (2) above, the last day of the period of three months referred to in that sub-paragraph; and

• (b) in any other case, the specified date of termination.

• (5) A landlord’s notice shall not have effect unless—

• (a) it proposes an assured monthly periodic tenancy of the dwelling-house in England and a rent for that tenancy (such that it would not be a tenancy at a low rent) and, subject to sub-paragraph (6) below, states that the other terms of the tenancy shall be the same as those of the long residential tenancy immediately before it is terminated (in this Schedule referred to as “the implied terms”); ...

• (aa) it proposes a periodic standard occupation contract of the dwelling-house in Wales, the written statement of which is attached to the notice, where—

• (i) the rent for that contract is such that it would not be at a low rent, and

• (ii) section 173 (landlord’s notice) of the 2016 Act is not incorporated as a fundamental term of the contract; or

• (b) it gives notice that, if the tenant is not willing to give up possession at the date of termination of the property let under the tenancy, the landlord proposes to apply to the court, on one or more of the grounds specified in paragraph 5(1) below, for the possession of the property let under the tenancy and states the ground or grounds on which he proposes to apply.

• (6) In the landlord’s notice proposing an assured tenancy of the dwelling-house in England, the landlord may propose terms of the tenancy referred to in sub-paragraph (5)(a) above different from the implied terms; and any reference in the following provisions of this Schedule to the terms of the tenancy specified in the landlord’s notice is a reference to the implied terms or, if the implied terms are varied by virtue of this sub-paragraph, to the implied terms as so varied.

• (7) A landlord’s notice shall invite the tenant, within the period of two months beginning on the date on which the notice was served, to notify the landlord in writing whether,—

• (a) in the case of a landlord’s notice proposing an assured tenancy or an occupation contract, the tenant wishes to remain in possession; and

• (b) in the case of a landlord’s notice to resume possession, the tenant is willing to give up possession as mentioned in sub-paragraph (5)(b) above;

and references in this Schedule to an election by the tenant to retain possession are references to his notifying the landlord under this sub-paragraph that he wishes to remain in possession or, as the case may be, that he is not willing to give up possession.

4A

For the purposes of this Schedule, “appropriate tribunal” means—

• (a) in relation to a dwelling-house in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and

• (b) in relation to a dwelling-house in Wales, a rent assessment committee.

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• (1) Subject to the following provisions of this paragraph, the grounds mentioned in paragraph 4(5)(b) above are—

• (a) Ground 6 in, and those in Part II of, Schedule 2 to the 1988 Act, other than Ground 16;

• (b) the ground that, for the purposes of redevelopment after the termination of the tenancy, the landlord proposes to demolish or reconstruct the whole or a substantial part of the premises; and

• (c) the ground that the premises or part of them are reasonably required by the landlord for occupation as a residence for—

• (i) himself,

• (ii) any son or daughter of his over eighteen years of age,

• (iii) his father or mother, or

• (iv) the father, or mother, of his spouse or civil partner,

and, if the landlord is not the immediate landlord, that he will be at the specified date of termination.

• (2) Ground 6 in Schedule 2 to the 1988 Act may not be specified in a landlord’s notice to resume possession if the tenancy is a former 1954 Act tenancy; and in the application of that Ground in accordance with sub-paragraph (1) above in any other case, paragraph (c) shall be omitted.

• (3) In its application in accordance with sub-paragraph (1) above, Ground 10 in Schedule 2 to the 1988 Act shall have effect as if, in paragraph (b)—

• (a) the words “except where subsection (1)(b) of section 8 of this Act applies” were omitted; and

• (b) for the words “notice under that section relating to those proceedings” there were substituted “ landlord’s notice to resume possession (within the meaning of Schedule 10 to the Local Government and Housing Act 1989) ”.

• (4) The ground mentioned in sub-paragraph (1)(b) above may not be specified in a landlord’s notice to resume possession unless the landlord is a body to which section 28 of the Leasehold Reform Act 1967 applies and the premises are required for relevant development within the meaning of that section; and on any application by such a body under paragraph 13 below for possession on that ground, a certificate given by a Minister of the Crown as provided by subsection (1) of that section shall be conclusive evidence that the premises are so required.

• (5) The ground mentioned in sub-paragraph (1)(c) above may not be specified in a landlord’s notice to resume possession if the interest of the landlord,or an interest which is merged in that interest and but for the merger wouldbe the interest of the landlord, was purchased or created after 18th February 1966.

Interim rent

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• (1) On the date of service of a landlord’s notice proposing an assured tenancy or a periodic standard contract, or at any time between that date and the date of termination, the landlord may serve a notice on the tenant in the prescribed form proposing an interim monthly rent to take effect from a date specified in the notice, being not earlier than the specified date of termination, and to continue while the tenancy is continued by virtue of the preceding provisions of this Schedule.

• (2) Where a notice has been served under sub-paragraph (1) above,—

• (a) within the period of two months beginning on the date of service, the tenant may refer the interim monthly rent proposed in the notice to the appropriate tribunal; and

• (b) if the notice is not so referred, then, with effect from the date specified in the notice or, if it is later, the expiry of the period mentioned in paragraph (a) above, the interim monthly rent proposed in the notice shall be the rent under the tenancy.

• (3) Where, under sub-paragraph (2) above, the rent specified in a landlord’s notice is referred to the appropriate tribunal, the tribunal shall determine the monthly rent at which, subject to sub-paragraph (4) below, the tribunal consider that the premises let under the tenancy might reasonably be expected to be let on the open market by a willing landlord under a monthly periodic tenancy—

• (a) which begins on the day following the specified date of termination;

• (b) under which the other terms are the same as those of the existing tenancy at the date on which was given the landlord’s notice proposing an assured tenancy or a periodic standard occupation contract; ...

• (c) in relation to a dwelling-house in England, which affords the tenant security of tenure equivalent to that afforded by Chapter I of Part I of the 1988 Act in the case of an assured tenancy (other than an assured shorthold tenancy) in respect of which possession may not be recovered under any of Grounds 1 to 5 in Part I of Schedule 2 to that Act; and

• (d) in relation to a dwelling-house in Wales, which affords the tenant security of tenure equivalent to that afforded by Part 9 of the 2016 Act to periodic standard occupation contracts and in respect of which possession may not be recovered under section 173 (landlord’s notice) of the 2016 Act.

• (4) Subsections (2), (3A),(4) and (5) of section 14 of the 1988 Act shall apply in relation to a determination of rent under sub-paragraph (3) above as they apply in relation to a determination under that section subject to the modifications in sub-paragraph (5) below; and in this paragraph “rent” shall be construed in accordance with subsection (4) of that section.

• (5) The modifications of section 14 of the 1988 Act referred to in sub-paragraph (4) above are that in subsection (2), the reference in paragraph (b) to a relevant improvement being carried out shall be construed as a reference to an improvement being carried out during the long residential tenancy and the reference in paragraph (c) to a failure to comply with any term of the tenancy shall be construed as a reference to a failure to comply with any term of the long residential tenancy.

• (6) Where a reference has been made to an appropriate tribunal under sub-paragraph (2) above, then, the rent determined by the tribunal (subject, in a case where section 14(5) of the 1988 Act applies, to the addition of the appropriate amount in respect of rates) shall be the rent under the tenancy with effect from the date specified in the notice served under sub-paragraph(1) above or, if it is later, the expiry of the period mentioned in paragraph(a) of sub-paragraph (2) above.

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• (1) Nothing in paragraph 6 above affects the right of the landlord and the tenant to agree the interim monthly rent which is to have effect while the tenancy is continued by virtue of the preceding provisions of this Schedule and the date from which that rent is to take effect; and, in such a case,—

• (a) notwithstanding the provisions of paragraph 6 above, that rent shall be the rent under the tenancy with effect from that date; and

• (b) no steps or, as the case may be, no further steps may be taken by the landlord or the tenant under the provisions of that paragraph.

• (2) Nothing in paragraph 6 above requires the appropriate tribunal to continue with a determination under sub-paragraph (3) of that paragraph—

• (a) if the tenant gives notice in writing that he no longer requires such a determination; or

• (b) if the long residential tenancy has come to an end on or before the specified date of termination.

• (3) Notwithstanding that a tenancy in respect of which an interim monthly rent has effect in accordance with paragraph 6 above or this paragraph is no longer at a low rent, it shall continue to be regarded as a tenancy at a low rent and, accordingly, shall continue to be a long residential tenancy.

Termination of tenancy by the tenant

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• (1) A long residential tenancy may be brought to an end at the term date by not less than one month’s notice in writing given by the tenant to his immediate landlord.

• (2) A tenancy which is continuing after the term date by virtue of paragraph 3 above may be brought to an end at any time by not less than one month’s notice in writing given by the tenant to his immediate landlord, whether the notice is given before or after the term date of the tenancy.

• (3) The fact that the landlord has served a landlord’s notice or that there has been an election by the tenant to retain possession shall not prevent the tenant from giving notice under this paragraph terminating the tenancy at a date earlier than the specified date of termination.

The assured periodic tenancy or periodic standard contract

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• (1) Where a long residential tenancy (in this paragraph referred to as “the former tenancy”) is terminated by a landlord’s notice proposing an assured tenancy or a periodic standard contract, then, subject to sub-paragraph (3) below, the tenant shall be entitled to remain in possession of the dwelling-house and his right to possession shall depend upon an assured periodic tenancy or a periodic standard contract arising by virtue of this paragraph.

• (2) The assured periodic tenancy or periodic standard contract referred to in sub-paragraph (1) above is one—

• (a) taking effect in possession on the day following the date of termination;

• (b) deemed to have been granted by the person who was the landlord under the former tenancy on the date of termination to the person who was then the tenant under that tenancy;

• (c) under which the premises let are the dwelling-house;

• (e) under which the periods of the tenancy, and the intervals at which rent is to be paid, are monthly beginning on the day following the date of termination;

• (e) under which the rent is determined in accordance with paragraphs 10 to 12 below; and

• (e) under which the other terms are determined in accordance with paragraphs 10 to 12 below.

• (3) If, at the end of the period of two months beginning on the date of service of the landlord’s notice, the qualifying condition was not fulfilled as respects the tenancy, the tenant shall not be entitled to remain in possession as mentioned in sub-paragraph (1) above unless there has been an election by the tenant to retain possession; and if, at the specified date of termination, the qualifying condition is not fulfilled as respects the tenancy, then, notwithstanding that there has been such an election, the tenant shall not be entitled to remain in possession as mentioned in that sub-paragraph.

• (4) Any reference in the following provisions of this Schedule to an assured periodic tenancy or a periodic standard contract is a reference to an assured periodic tenancy or a periodic standard contract arising by virtue of this paragraph.

Initial rent under and terms of assured periodic tenancy or periodic standard contract

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• (1) Where a landlord’s notice proposing an assured tenancy or periodic standard contract has been served on the tenant,—

• (a) within the period of two months beginning on the date of service of the notice, the tenant may serve on the landlord a notice in the prescribed form proposing either or both of the following, that is to say,—

• (i) a rent for the assured periodic tenancy or the periodic standard contract different from that proposed in the landlord’s notice; and

• (ii) terms of the tenancy different from those specified in the landlord’s notice,

and such a notice is in this Schedule referred to as a “tenant’s notice”; and

• (b) if a tenant’s notice is not so served, then, with effect from the date on which the assured periodic tenancy or the periodic standard contract takes effect in possession,—

• (i) the rent proposed in the landlord’s notice shall be the rent under the tenancy; and

• (ii) the terms of the tenancy specified in the landlord’s notice shall be terms of the tenancy.

• (2) Where a tenant’s notice has been served on the landlord under sub-paragraph (1) above—

• (a) within the period of two months beginning on the date of service of the notice, the landlord may by an application in the prescribed form refer the notice to the appropriate tribunal; and

• (b) if the notice is not so referred, then, with effect from the date on which the assured periodic tenancy or the periodic standard contract takes effect in possession,—

• (i) the rent (if any) proposed in the tenant’s notice, or, if no rent is so proposed, the rent proposed in the landlord’s notice, shall be the rent under the tenancy; and

• (ii) the other terms of the tenancy (if any) proposed in the tenant’s notice and, in so far as they do not conflict with the terms so proposed, the terms specified in the landlord’s notice shall be terms of the tenancy.

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• (1) Where, under sub-paragraph (2) of paragraph 10 above, a tenant’s notice is referred to the appropriate tribunal, the tribunal, having regard only to the contents of the landlord’s notice and the tenant’s notice, shall decide—

• (a) whether there is any dispute as to the terms (other than those relating to the amount of the rent) of the assured periodic tenancy or the periodic standard contract (in this Schedule referred to as “disputed terms”) and, if so, what the disputed terms are; and

• (b) whether there is any dispute as to rent under the tenancy;

and where the tribunal decide that there are disputed terms and that there is a dispute as to the rent under the tenancy, they shall make a determination under sub-paragraph (3) below before they make a determination under sub-paragraph (5) below.

• (2) Where, under paragraph 10(2) above, a tenant’s notice is referred to the appropriate tribunal, any reference in this Schedule to the undisputed terms is a reference to those terms (if any) which—

• (a) are proposed in the landlord’s notice or the tenant’s notice; and

• (b) do not relate to the amount of the rent; and

• (c) are not disputed terms.

• (3) If the appropriate tribunal decide that there are disputed terms, they shall determine whether the terms in the landlord’s notice, the terms in the tenant’s notice, or some other terms, dealing with the same subject matter as the disputed terms are such as, in the tribunal’s opinion, might reasonably be expected to be found in an assured monthly periodic tenancy of the dwelling-house in England (not being an assured shorthold tenancy) , or a periodic standard contract of the dwelling-house in Wales which does not incorporate section 173 (landlord’s notice) of the 2016 Act as a term of the contract —

• (a) which begins on the day following the date of termination;

• (b) which is granted by a willing landlord on terms which, except so far as they relate to the subject matter of the disputed terms, are the undisputed terms; and

• (c) in respect of which possession may not be recovered under any of Grounds 1 to 5 in Part I of Schedule 2 to the 1988 Act in relation to the dwelling-house in England or under section 173 (landlord’s notice) of the 2016 Act in relation to the dwelling-house in Wales;

and the tribunal shall, if they consider it appropriate, specify an adjustment of the undisputed terms to take account of the terms so determined and shall, if they consider it appropriate, specify an adjustment of the rent to take account of the terms so determined and, if applicable, so adjusted.

• (4) In making a determination under sub-paragraph (3) above, or specifying an adjustment of the rent or undisputed terms under that sub-paragraph, there shall be disregarded any effect on the terms or the amount of rent attributable to the granting of a tenancy to a sitting tenant.

• (5) If the appropriate tribunal decide that there is a dispute as to the rent under the assured periodic tenancy or the periodic standard contract, the tribunal shall determine the monthly rent at which, subject to sub-paragraph (6) below, the tribunal consider that the dwelling-house might reasonably be expected to be let in the open market by a willing landlord under an assured tenancy of the dwelling-house in England (not being an assured shorthold tenancy) or a periodic standard contract of the dwelling-house in Wales—

• (a) which is a monthly periodic tenancy;

• (b) which begins on the day following the date of termination;

• (c) in respect of which possession may not be recovered under any of Grounds 1 to 5 in Part I of Schedule 2 to the 1988 Act of the dwelling-house in England or under section 173 (landlord’s notice) of the 2016 Act of the dwelling-house in Wales; and

• (d) the terms of which (other than those relating to the amount of the rent)are the same as—

• (i) the undisputed terms; or

• (ii) if there has been a determination under sub-paragraph (3) above, the terms determined by the tribunal under that sub-paragraph and the undisputed terms (as adjusted, if at all, under that sub-paragraph).

• (6) Subsections (2), (3A),(4) and (5) of section 14 of the 1988 Act shall apply in relation to a determination of rent under sub-paragraph (5) above as they apply in relation to a determination under that section subject to the modifications in sub-paragraph (7) below; and in this paragraph “rent” shall be construed in accordance with subsection (4)of that section.

• (7) The modifications of section 14 of the 1988 Act referred to in sub-paragraph (6) above are that in subsection (2), the reference in paragraph (b) to a relevant improvement being carried out shall be construed as a reference to an improvement being carried out during the long residential tenancy and the reference in paragraph (c) to a failure to comply with any term of the tenancy shall be construed as a reference to a failure to comply with any term of the long residential tenancy.

• (8) Where a reference has been made to the appropriate tribunal under sub-paragraph (2) of paragraph 10 above, then,—

• (a) if the tribunal decide that there are no disputed terms and that there is no dispute as to the rent, paragraph 10(2)(b) above shall apply as if the notice had not been so referred,

• (b) where paragraph (a) above does not apply then, so far as concerns the amount of the rent under the tenancy, if there is a dispute as to the rent, the rent determined by the tribunal (subject, in a case where section 14(5) of the 1988 Act applies, to the addition of the appropriate amount in respect of rates) and, if there is no dispute as to the rent, the rent specified in the landlord’s notice or, as the case may be, the tenant’s notice (subject to any adjustment under sub-paragraph (3) above) shall be the rent under the tenancy, and

• (c) where paragraph (a) above does not apply and there are disputed terms, then, so far as concerns the subject matter of those terms, the terms determined by the tribunal under sub-paragraph (3) above shall be terms of the tenancy and, so far as concerns any undisputed terms, those terms (subject to any adjustment under sub-paragraph (3) above) shall also be terms of the tenancy,

with effect from the date on which the assured periodic tenancy or the periodic standard contract takes effect in possession.

• (8A) Where the tribunal has determined the terms of the occupation (including a term relating to rent) of a dwelling-house in Wales, the tribunal may—

• (i) attach a written statement of the occupation contract to its order, or

• (ii) order the landlord to give the contract-holder the modified written statement of the contract.

• (9) Nothing in this Schedule affects the right of the landlord and the tenant under the assured periodic tenancy of a dwelling-house in England to vary by agreement any term of the tenancy (including a term relating to rent).

• (10) Nothing in this Schedule affects the right of the landlord and the contract-holder under the occupation contract of the dwelling-house in Wales to vary by agreement any term of the occupation contract (including a term relating to rent) subject to section 122 of the 2016 Act.

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• (1) Subsections (2) to (4) of section 41 of the 1988 Act (rent assessment committees: information powers) shall apply where there is a reference to a rent assessment committee under the preceding provisions of this Schedule as they apply where a matter is referred to such a committee under Chapter I or Chapter II of Part I of the 1988 Act.

• (2) Nothing in paragraph 10 or paragraph 11 above affects the right of the landlord and the tenant to agree any terms (including a term relating to the rent) of the assured periodic tenancy of the dwelling-house in England or of the periodic standard contract of a dwelling-house in Wales subject to section 20 (incorporation and modification of fundamental provisions), section 24 (incorporation and modification of supplementary provisions) and section 28 (additional terms) of the 2016 Act, before the tenancy takes effect in possession (in this sub-paragraph referred to as “the expressly agreed terms”); and, in such case,—

• (a) the expressly agreed terms shall be terms of the tenancy in substitution for any terms dealing with the same subject matter which would otherwise, by virtue of paragraph 10 or paragraph 11 above, be terms of the tenancy; and

• (b) where a reference has already been made to a rent assessment committee under sub-paragraph (2) of paragraph 10 above but there has been no determination by the committee under paragraph 11 above,—

• (i) the committee shall have regard to the expressly agreed terms, as notified to them by the landlord and the tenant, in deciding, for the purposes of paragraph 11 above, what the disputed terms are and whether there is any dispute as to the rent; and

• (ii) in making any determination under paragraph 11 above the committee shall not make any adjustment of the expressly agreed terms, as so notified.

• (3) Nothing in paragraph 11 above requires a rent assessment committee to continue with a determination under that paragraph—

• (a) if the long residential tenancy has come to an end; or

• (b) if the landlord serves notice in writing on the committee that he no longer requires such a determination;

and, where the landlord serves notice as mentioned in paragraph (b) above, then, for the purposes of sub-paragraph (2) of paragraph 10 above, the landlord shall be treated as not having made a reference under paragraph (a)of that sub-paragraph and, accordingly, paragraph (b) of that sub-paragraph shall, subject to sub-paragraph (2) above, have effect for determining rent and other terms of the assured periodic tenancy or the periodic standard contract.

Landlord’s application for possession

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• (1) Where a landlord’s notice to resume possession has been served on the tenant and either—

• (a) there is an election by the tenant to retain possession, or

• (b) at the end of the period of two months beginning on the date of service of the notice, the qualifying condition is fulfilled as respects the tenancy,

the landlord may apply to the court for an order under this paragraph on such of the grounds mentioned in paragraph 5(1) above as may be specified in the notice.

• (2) The court shall not entertain an application under sub-paragraph (1) above unless the application is made—

• (a) within the period of two months beginning on the date of the election by the tenant to retain possession; or

• (b) if there is no election by the tenant to retain possession, within the period of four months beginning on the date of service of the landlord’s notice.

• (3) Where the ground or one of the grounds for claiming possession specified in the landlord’s notice is Ground 6 in Part I of Schedule 2 to the 1988 Act, then, if on an application made under sub-paragraph (1) above the court is satisfied that the landlord has established that ground, the court shall order that the tenant shall, on the date of termination, give up possession of the property then let under the tenancy.

• (4) Subject to sub-paragraph (6) below, where the ground or one of the grounds for claiming possession specified in the landlord’s notice is any of Grounds 9 to 15 in Part II of Schedule 2 to the 1988 Act or the ground mentioned in paragraph 5(1)(c) above, then, if on an application made under sub-paragraph (1) above the court is satisfied that the landlord has established that ground and that it is reasonable that the landlord should be granted possession, the court shall order that the tenant shall, on the date of termination, give up possession of the property then let under the tenancy.

• (5) Part III of Schedule 2 to the 1988 Act shall have effect for supplementing Ground 9 in that Schedule (as that ground applies in relation to this Schedule) as it has effect for supplementing that ground for the purposes of that Act, subject to the modification that in paragraph 3(1), in the words following paragraph (b) the reference to the assured tenancy in question shall be construed as a reference to the long residential tenancy in question.

• (6) Where the ground or one of the grounds for claiming possession specified in the landlord’s notice is that mentioned in paragraph 5(1)(c) above, the court shall not make the order mentioned in sub-paragraph (4) above on that ground if it is satisfied that, having regard to all the circumstances of the case, including the question whether other accommodation is available for the landlord or the tenant, greater hardship would be caused by making the order than by refusing to make it.

• (7) Where the ground or one of the grounds for claiming possession specified in the landlord’s notice is that mentioned in paragraph 5(1)(b) above, then, if on an application made under sub-paragraph (1) above the court is satisfied that the landlord has established that ground and is further satisfied—

• (a) that on that ground possession of those premises will be required by the landlord on the date of termination, and

• (b) that the landlord has made such preparations (including the obtaining or, if that is not reasonably practicable in the circumstances, preparations relating to the obtaining of any requisite permission or consent, whether from any authority whose permission or consent is required under any enactment or from the owner of any interest in any property) for proceeding with there development as are reasonable in the circumstances,

the court shall order that the tenant shall, on the date of termination, give up possession of the property then let under the tenancy.

14

• (1) Where, in a case falling within sub-paragraph (7) of paragraph 13 above, the court is not satisfied as mentioned in that sub-paragraph but would be satisfied if the date of termination of the tenancy had been such date (in this paragraph referred to as “the postponed date”) as the court may determine, being a date later, but not more than one year later, than the specified date of termination, the court shall, if the landlord so requires, make an order as mentioned in sub-paragraph (2) below.

• (2) The order referred to in sub-paragraph (1) above is one by which the court specifies the postponed date and orders—

• (a) that the tenancy shall not come to an end on the date of termination but shall continue thereafter, as respects the whole of the property let under the tenancy, at the same rent and in other respects on the same terms as before that date; and

• (b) that, unless the tenancy comes to an end before the postponed date, the tenant shall on that date give up possession of the property then let under the tenancy.

• (3) Notwithstanding the provisions of paragraph 13 above and the preceding provisions of this paragraph and notwithstanding that there has been an election by the tenant to retain possession, if the court is satisfied, at the date of the hearing, that the qualifying condition is not fulfilled as respects the tenancy, the court shall order that the tenant shall, on the date of termination, give up possession of the property then let under the tenancy.

• (4) Nothing in paragraph 13 above or the preceding provisions of this paragraph shall prejudice any power of the tenant under paragraph 8 above to terminate the tenancy; and sub-paragraph (2) of that paragraph shall apply where the tenancy is continued by an order under sub-paragraph (2) above as it applies where the tenancy is continued by virtue of paragraph 3 above.

Provisions where tenant not ordered to give up possession

15

• (1) The provisions of this paragraph shall have effect where the landlord is entitled to make an application under sub-paragraph (1) of paragraph 13 above but does not obtain an order under that paragraph or paragraph 14 above.

• (2) If at the expiration of the period within which an application under paragraph 13(1) above may be made the landlord has not made such an application, the landlord’s notice to resume possession, and anything done in pursuance thereof, shall cease to have effect.

• (3) If before the expiration of the period mentioned in sub-paragraph (2)above the landlord has made an application under paragraph 13(1) above but the result of the application, at the time when it is finally disposed of, is that no order is made, the landlord’s notice to resume possession shall cease tohave effect.

• (4) In any case where sub-paragraph (3) above applies, then, if within the period of one month beginning on the date that the application to the courtis finally disposed of the landlord serves on the tenant a landlord’s notice proposing an assured tenancy or periodic standard contract, the earliest date which may be specified in the notice as the date of termination shall, notwithstanding anything in paragraph 4(1)(b) above, be the day following the last day of the period of four months beginning on the date of service of the subsequent notice.

• (5) The reference in sub-paragraphs (3) and (4) above to the time at which an application is finally disposed of shall be construed as a reference to the earliest time at which the proceedings on the application (including any proceedings on or in consequence of an appeal) have been determined and anytime for appealing or further appealing has expired, except that if the application is withdrawn or any appeal is abandoned the reference shall be construed as a reference to the time of withdrawal or abandonment.

• (6) A landlord’s notice to resume possession may be withdrawn at any time by notice in writing served on the tenant (without prejudice, however, to the power of the court to make an order as to costs if the notice is withdrawn after the landlord has made an application under paragraph 13(1) above).

• (7) In any case where sub-paragraph (6) above applies, then, if within the period of one month beginning on the date of withdrawal of the landlord’s notice to resume possession the landlord serves on the tenant a landlord’s notice proposing an assured tenancy or an occupation contract, the earliest date which may be specified in the notice as the date of termination shall, notwithstanding anything in paragraph 4(1)(b) above, be the day following the last day of the period of four months beginning on the date of service of the subsequent notice or the day following the last day of the period of six months beginning on the dateof service of the withdrawn notice, whichever is the later.

Tenancies granted in continuation of long tenancies

16

• (1) Where on the coming to the end of a tenancy at a low rent the person who was the tenant immediately before the coming to an end thereof becomes (whether by grant or by implication of the law) the tenant under another tenancy at a low rent of a dwelling-house which consists of the whole or any part of the property let under the previous tenancy, then, if the previous tenancy was a long tenancy or is deemed by virtue of this paragraph to have been a long tenancy, the new tenancy shall be deemed for the purposes of this Schedule to be a long tenancy, irrespective of its terms.

• (2) In relation to a tenancy from year to year or other tenancy not granted for a term of years certain, being a tenancy which by virtue of sub-paragraph (1) above is deemed for the purposes of this Schedule to be a long tenancy, the preceding provisions of this Schedule shall have effect subject to the modifications set out below.

• (3) In sub-paragraph (6) of paragraph 2 above for the expression beginning “term date” there shall be substituted—

“term date”, in relation to any such tenancy as is mentioned in paragraph 16(2) below, means the first date after the coming into force of this Schedule on which, apart from this Schedule, the tenancy could have been brought to an end by notice to quit given by the landlord

.

• (4) Notwithstanding anything in sub-paragraph (3) of paragraph 3 above, whereby virtue of that paragraph the tenancy is continued after the term date, the provisions of this Schedule as to the termination of a tenancy by notice shall have effect, subject to sub-paragraph (5) below, in substitution for and not in addition to any such provisions included in the terms on which the tenancy had effect before the term date.

• (5) The minimum period of notice referred to in paragraph 8(1) above shall be one month or such longer period as the tenant would have been required to give to bring the tenancy to an end at the term date.

• (6) Where the tenancy is not terminated under paragraph 4 or paragraph 8 above at the term date, then, whether or not it would have continued after that date apart from the provisions of this Schedule, it shall be treated for the purposes of those provisions as being continued by virtue of paragraph 3 above.

Agreements as to the grant of new tenancies

17

In any case where, prior to the date of termination of a long residential tenancy, the landlord and the tenant agree for the grant to the tenant of a future tenancy of the whole or part of the property let under the tenancy at a rent other than a low rent and on terms and from a date specified in the agreement, the tenancy shall continue until that date but no longer; and, in such a case, the provisions of this Schedule shall cease to apply in relation to the tenancy with effect from the date of the agreement.

Assumptions on which to determine future questions

18

Where under this Schedule any question falls to be determined by the court or the appropriate tribunal by reference to circumstances at a future date, the court or appropriate tribunal shall have regard to all rights, interests and obligations under or relating to the tenancy as they subsist at the time of the determination and to all relevant circumstances as those then subsist and shall assume, except in so far as the contrary is shown, that those rights, interests, obligations and circumstances will continue to subsist unchanged until that future date.

Landlords and mortgagees in possession

19

• (1) Section 21 of the 1954 Act (meaning of “the landlord” and provisions as to mesne landlords) shall apply in relation to this Schedule as it applies in relation to Part I of that Act but subject to the following modifications—

• (a) any reference to Part I of that Act shall be construed as a reference to this Schedule; and

• (b) subsection (4) (which relates to statutory tenancies arising under that Part) shall be omitted.

• (2) Section 67 of the 1954 Act (mortgagees in possession) applies for the purposes of this Schedule except that for the reference to that Act there shall be substituted a reference to this Schedule.

• (3) In accordance with sub-paragraph (1) above, Schedule 5 to the 1954 Act shall also apply for the purpose of this Schedule but subject to the following modifications—

• (a) any reference to Part I of the 1954 Act shall be construed as a reference to the provisions of this Schedule (other than this sub-paragraph);

• (b) any reference to section 21 of the 1954 Act shall be construed as a reference to that section as it applies in relation to this Schedule;

• (c) any reference to subsection (1) of section 4 of that Act shall be construed as a reference to sub-paragraph (1) of paragraph 4 above;

• (d) any reference to the court includes a reference to the appropriate tribunal;

• (e) paragraphs 6 to 8 and 11 shall be omitted;

• (f) any reference to a particular subsection of section 16 of the 1954 Act shall be construed as a reference to that subsection as it applies in relation to this Schedule;

• (g) any reference to a tenancy to which section 1 of the 1954 Act applies shall be construed as a reference to a long residential tenancy; and

• (h) expressions to which a meaning is assigned by any provision of this Schedule (other than this sub-paragraph) shall be given that meaning.

Application of other provisions of the 1954 Act

20

• (1) Section 16 of the 1954 Act (relief for tenant where landlord proceeding to enforce covenants) shall apply in relation to this Schedule as it applies in relation to Part I of that Act but subject to the following modifications—

• (a) in subsection (1) the reference to a tenancy to which section 1 of the 1954 Act applies shall be construed as a reference to a long residential tenancy;

• (b) in subsection (2) the reference to Part I of that Act shall be construed as a reference to this Schedule;

• (c) subsection (3) shall have effect as if the words “(without prejudice to section ten of this Act)” were omitted; and

• (d) in subsection (7) the reference to subsection (3) of section 2 of the 1954 Act shall be construed as a reference to paragraph 1(6) above.

• (2) Section 55 of the 1954 Act (compensation for possession obtained by misrepresentation) shall apply in relation to this Schedule as it applies in relation to Part I of that Act.

• (3) Section 63 of the 1954 Act (jurisdiction of court for purposes of Parts I and II of the 1954 Act and of Part I of the Landlord andTenant Act 1927) shall apply in relation to this Schedule and section 186 of this Act as it applies in relation to Part I of that Act.

• (4) Section 65 of the 1954 Act (provisions as to reversions) applies for the purposes of this Schedule except that for any reference to that Act there shall be substituted a reference to this Schedule.

• (5) Subsection (4) of section 66 of the 1954 Act (service of notices) shall apply in relation to this Schedule as it applies in relation to that Act.

21

• (1) Where this Schedule has effect in relation to a former 1954 Act tenancy the term date of which falls before 15th January 1999, any reference (however expressed) in the preceding provisions of this Schedule to the dwelling-house (or the property) let under the tenancy shall have effect as a reference to the premises qualifying for protection, within the meaning of the 1954 Act.

• (2) Notwithstanding that at any time section 1 of the 1954 Act does not, and this Schedule does, apply to a former 1954 Act tenancy, any question of what are the premises qualifying for protection or (in that context) what is the tenancy shall be determined for the purposes of this Schedule in accordance with Part I of that Act.

Crown application

22

• (1) This Schedule shall apply where—

• (a) there is an interest belonging to Her Majesty in right of the Crown and that interest is under the management of the Crown Estate Commissioners, or

• (b) there is an interest belonging to Her Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall,

as if it were an interest not so belonging.

• (2) Where an interest belongs to Her Majesty in right of the Duchy of Lancaster, then, for the purposes of this Schedule, the Chancellor of the Duchy of Lancaster shall be deemed to be the owner of the interest.

• (3) Where an interest belongs to the Duchy of Cornwall, then, for the purposes of this Schedule, such person as the Duke of Cornwall, or other possessor for the time being of the Duchy of Cornwall, appoints shall be deemed to be the owner of the interest.

SCHEDULE 11

The Military Lands Act 1892

1

In section 8 of the Military Lands Act 1892 (provisions as to disbandment of volunteer corps etc.) subsection (3) shall be omitted.

The Small Holdings and Allotments Act 1908

2

In section 52 of the Small Holdings and Allotments Act 1908 (borrowing powers and expenses) subsection (3) shall be omitted.

The Prevention of Corruption Act 1916

3

In section 4 of the Prevention of Corruption Act 1916 (short title and interpretation), at the end of subsection (2) (meaning of “public body”) there shall be added “ and companies which, in accordance with Part V of the Local Government and Housing Act 1989, are under the control of one or more local authorities ”.

The Education Act 1944

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Sexual Offences Act 1956

5

In Schedule 1 to the Sexual Offences Act 1956 (rightsof landlord where tenant convicted of permitting use of premises as a brothel) at the end of paragraph 5 there shall be added “ Part I of the Housing Act 1988 and Schedule 10 to the Local Government and Housing Act 1989 ”.

The Public Works Loans Act 1965

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Public Works Loans Act 1967

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Leasehold Reform Act 1967

8

In section 3 of the Leasehold Reform Act 1967 (meaning of “long tenancy”), in subsection (5) after “1954” there shall be inserted “ under Schedule 10 to the Local Government and Housing Act 1989 ”.

9

In section 9 of that Act (purchase price and costs of enfranchisement, and tenant’s right to withdraw), in subsection (1A), in paragraph (b) after the word “premises” there shall be inserted—

(i) if the tenancy is such a tenancy as is mentioned in subsection (2) or subsection (3) of section 186 of the Local Government and Housing Act 1989,or is a tenancy which is a long tenancy at a low rent for the purposes of Part I of the Landlord and Tenant Act 1954 in respect of which the landlord is notable to serve a notice under section 4 of that Act specifying a date of termination earlier than 15th January 1999, under the provisions of Schedule 10 to the Local Government and Housing Act 1989; and (ii) in any other case

.

10

In section 16 of that Act (exclusion of further rights after extension of lease) after subsection (1A) there shall be inserted the following subsection—

(1B) A tenancy extended under section 14 above shall not be an assured tenancy or an assured agricultural occupancy, within the meaning of Part I of the Housing Act 1988, and Schedule 10 to the Local Government and Housing Act 1989 shall not apply to a tenancy so extended.

11

In section 22 of that Act (validity of tenants’ notices, effect on the 1954 Act and on notices to quit etc. and procedure generally), in subsection (1) after paragraph (c) there shall be inserted the following paragraph—

(cc) for adapting the procedure under Schedule 10 to the Local Government and Housing Act 1989, and for relating to one another proceedings under that Schedule and proceedings under this Part of this Act; and

.

12

In section 37 of that Act (interpretation of Part I), in subsection (2)—

• (a) after “1954” there shall be inserted “ or paragraph 16(2) of Schedule 10 to the Local Government and Housing Act 1989 ”;

• (b) for the words “that Act”, in the first place where they occur, there shall be substituted “ the said Act of 1954 or, as the case may be, the said Schedule 10 ”;

• (c) for the words “that Act”, in the second place where they occur, there shall be substituted “ the said Act of 1954 or, as the case may be, the coming into force of the said Schedule 10 ”; and

• (e) for the words “that Act”, in the third place where they occur, there shall be substituted “ the said Act of 1954 or, as the case may be, the said Schedule 10 ”.

13

• (1) In Schedule 3 to that Act (validity of tenants’ notices, effect on the1954 Act etc. and procedure generally), in paragraph 1, in sub-paragraph (1)after “1954” there shall be inserted “ or paragraph 17 of Schedule 10 to the Local Government and Housing Act 1989 ”.

• (2) In paragraph 2 of that Schedule—

• (a) in sub-paragraph (1) after “1954”there shall be inserted “ or served under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989 ”;

• (b) in sub-paragraph (2) after “1954” there shall be inserted “ or under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989 ”and after the word “given” there shall be inserted “ or served ”; and

• (c) in sub-paragraph (3)—

• (i) after “1954” there shall be inserted “ or served under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989 ”;

• (ii) after the words “shall be” there shall be inserted—

(l) in the case of a notice given under the said Act of 1954

; and

• (iii) at the end there shall be added—

(ii) in the case of a notice served under the said Schedule 10, the date of termination specified in the previous notice or the expiration of the period of four months beginning on the date of service of the new notice, whichever is the later

.

• (3) In paragraph 3 of that Schedule, after sub-paragraph (2) there shall be inserted—

(3) The reference in sub-paragraph (2) above to section 16(2) of, and paragraph 9 of Schedule 5 to, the Landlord and Tenant Act 1954 includes a reference to those provisions as they apply in relation to Schedule 10 to the Local Government and Housing Act 1989.

• (4) In paragraph 4 of that Schedule, after sub-paragraph (5) there shall be inserted—

(6) The references in this paragraph— (a) to section 16 of the Landlord and Tenant Act 1954 and subsection (2) of that section, and (b) paragraph 9 of Schedule 5 to that Act and sub-paragraph (2) of that paragraph, include references to those provisions as they apply in relation to Schedule 10 to the Local Government and Housing Act 1989.

• (5) In paragraph 10 of that Schedule—

• (a) in sub-paragraph (1)—

• (i) after “1954” there shall be inserted “ or under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989 ”; and

• (ii) in paragraph (a) for the words “either of those sections” there shall be substituted “ any of those provisions ”; and

• (b) in sub-paragraph (4) after “1954” there shall be inserted “ or under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989 ”.

The International Organisations Act 1968

14

In Schedule 1 to the International Organisations Act 1968 (privileges and immunities) after paragraph 9A there shall be inserted the following paragraph—

(9B) The like exemption or relief from being subject to a community charge, or being liable to pay anything in respect of a community charge or anything by way of contribution in respect of a collective community charge, as is accorded to or in respect of the head of a diplomatic mission.

The Social Work (Scotland) Act 1968

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Transport Act 1968

16

In section 12 of the Transport Act 1968 (borrowing powers of Executive), in subsection (4) for the words from “and to borrow money for that purpose” onwards there shall be substituted “ but only if the rate of interest payable by the Executive to the Authority in respect of the loan is not less than that which would be payable by the Authority if they were to borrow the same sum on equivalent terms (disregarding any terms as to interest) from another person ”.

The Local Authority Social Services Act 1970

17

In section 4 of the Local Authority Social Services Act 1970, after subsection (1) there shall be inserted the following subsection—

(1A) A local authority may establish sub-committees of their social services committee and may delegate to any such sub-committee any of the functions of the committee.

18

In section 5(4) of that Act for the words “section 4(2)” there shall be substituted “ subsection (1A) or subsection (2) of section 4 ”.

The Town and Country Planning Act 1971

19

The Local Government Act 1972

21

In section 80 of the Local Government Act 1972 (disqualifications for election and holding office as members of local authority), in subsection (1) after paragraph (a) there shall be inserted the following paragraph—

(aa) holds any employment in a company which, in accordance with Part V of the Local Government and Housing Act 1989 other than section 73, is under the control of the local authority; or

.

22

In section 94(5)(b) of that Act (allowances not to be treated as pecuniaryinterests), after the word “below" there shall be inserted the words “or under any scheme made by virtue of section 18 of the Local Governmentand Housing Act 1989".

23

In subsection (6) of section 97 of that Act (exclusion of disability from speaking and voting by reason of small shareholdings), for “£1,000" there shall be substituted “ £5,000 ”.

24

In section 100G of that Act (duty of principal councils to publish information), for paragraph (b) of subsection (1) there shall be substituted the following paragraph—

(b) in respect of every committee or sub-committee of the council— (i) the members of the council who are members of the committee or sub-committee or who are entitled, in accordance with any standing orders relating to the committee or sub-committee, to speak at its meetings or any of them; (ii) the name and address of every other person who is a member of the committee or sub-committee or who is entitled, in accordance with any standing orders relating to the committee or sub-committee, to speak at its meetings or any of them otherwise than in the capacity of an officer of the council; and (iii) the functions in relation to the committee or sub-committee of every person falling within sub-paragraph (i) above who is not a member of the committee or sub-committee and of every person falling within sub-paragraph(ii) above.

25

In section 102 of that Act (appointment of committees)—

• (a) in paragraph (a) of subsection (1), after “may appoint a committee” there shall be inserted “ or a sub-committee ”;

• (b) in subsection (2), for “the appointing committee” there shall be substituted “ the appointing authority or committee (as the case may be) ”;and

• (c) after subsection (4) there shall be inserted the following subsection—

(4A) A local authority may appoint one or more sub-committees of a committee appointed by them under subsection (4) above to advise the committee with respect to any matter relating to the discharge of functions with respect to which the committee is appointed to advise.

26

Sections 173 and 173A of that Act (attendance allowance and financial loss allowance) shall be amended as follows—

• (a) for the words “local authority”, wherever they occur, there shall be substituted “ parish or community council ”;

• (b) in subsection (3) of each of those sections, for the word “authority”there shall be substituted “ council ”; and

• (c) for the words “body to which this section applies” in subsection (4) of section 173 there shall be substituted “ parish or community council ”.

27

In section 175 of that Act (allowances for conferences and meetings)—

• (a) in subsection (1) (allowances payable), for the words from “allowancesin the nature of” onwards there shall be substituted

allowances in the nature of an attendance allowance and an allowance for travelling and subsistence, as they think fit. (1A) Payments made under subsection (1) above shall be of such reasonable amounts as the body in question may determine in a particular case or class of case but shall not exceed— (a) in the case of payments of an allowance in the nature of an attendance allowance, such amounts as may be specified in or determined under regulations made by the Secretary of State; and (b) in the case of payments of an allowance in the nature of an allowance for travel and subsistence in respect of a conference or meeting held in the United Kingdom, such amounts as may be specified under section 174 above for the corresponding allowance under that section; and regulations made by the Secretary of State may make it a condition of any payment mentioned in paragraph (a) above that, in the financial year to which the payment would relate, the aggregate amount which the body in question has paid or is already liable to pay in respect of any prescribed allowance or allowances does not exceed such maximum amount as may be specified in or determined under the regulations.

;

• (b) in subsection (3B) (conferences to which section applies in relation to joint boards and committees), for the words “such body as is mentioned in section 177(1)(d) or (e) below” there shall be substituted the words “ body which is a joint board, joint authority or other combined body all the members of which are representatives of local authorities ”.

28

• (1) Section 177 of that Act shall be amended as follows.

• (2) For subsection (1) (bodies to which sections 173 to 175 apply) there shall be substituted the following subsection—

(1) Subject to paragraph 4 of Schedule 2 to the Education Act 1980 (application of certain allowances to appeal committees), sections 174 and 175 above apply— (a) to the bodies specified in section 21(1) of the Local Government and Housing Act 1989, except— (i) the Common Council; (ii) a body established pursuant to an order under section 67 of the Local Government Act 1985 (successors to residuary bodies); and (iii) without prejudice to section 265 below, the Council of the Isles of Scilly; (b) to any prescribed body on which a body to which those sections apply by virtue of paragraph (a) above is represented; and (c) to any parish or community council.

• (3) For subsection (2) (meaning of “approved duties”) there shall be substituted the following subsection—

(2) In sections 173 to 176 above “approved duty”, in relation to a member of a body, meanssuch duties as may be specified in or determined under regulations made by the Secretary of State.

• (4) In subsection (4) (members not excluded from discussion of allowances),at the end there shall be inserted the words “ or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989 ”.

29

In section 178(2) of that Act (regulations with respect to allowances), for the words “177 or 177A” there shall be substituted “ or 177 ”.

30

In sub-paragraphs (1) and (2) of paragraph 41 of Schedule 12 to that Act (recording the minutes of meetings of local authorities), for the word “following” there shall be substituted “ suitable ”; and after sub-paragraph (3) of that paragraph there shall be inserted the followingsub-paragraph—

(4) For the purposes of sub-paragraphs (1) and (2) above the next suitable meeting of a local authority is their next following meeting or, where standing orders made by the authority in accordance with regulations under section 20 of the Local Government and Housing Act 1989 provide for another meeting of the authority to be regarded as suitable, either the next following meeting or that other meeting.

The Land Compensation Act 1973

31

In section 37 of the Land Compensation Act 1973 (disturbance payments for persons without compensatable interests), insubsection (2), in paragraph (c) for the words from “an owner-occupier’s supplement” onwards there shall be substituted the words “ a payment under section 584A(1) of the Housing Act 1985 (compensation payable in case of closing and demolition orders) ”.

32

• (1) In section 42(6) of that Act, in the definition of “Housing Revenue Account dwelling”, for the words from “Part XIII of the Housing Act 1985)” to the end there shall be substituted the words “ Part VI of the Local Government and Housing Act 1989) ”.

• (2) This paragraph has effect for years beginning on or after 1st April 1990 and in this sub-paragraph “year” has the same meaning as in Part XIII of the Housing Act 1985 (general financial provisions).

The Local Government (Scotland) Act 1973

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

In section 47 of that Act (allowances for conferences and meetings)—

• (a) in subsection (1) (allowances payable), for the words from “allowancesin the nature of” onwards there shall be substituted

allowances in the nature of an attendance allowance and an allowance for travel and subsistence, as they think fit. (1A) payments made under subsection (1) above shall be of such reasonable amounts as the body in question may determine in a particular case or class of case but shall not exceed— (a) in the case of payments of an allowance in the nature of an attendance allowance, such amounts as may be specified in or determined under regulations made by the Secretary of State; and (b) in the case of payments of an allowance in the nature of an allowance for travel and subsistence in respect of a conference or meeting held in the United Kingdom, such amounts as may be specified under section 46 above for the corresponding allowance under that section; and regulations made by the Secretary of State may make it a condition of any payment mentioned in paragraph (a) above that, in the financial year to which the payment would relate, the aggregate amount which the body inquestion has paid or is already liable to pay in respect of any prescribed allowance or allowances does not exceed such maximum amount as may be specified in or determined under the regulations.

;

• (b) in subsection (3A) (conferences to which section applies in relation tojoint boards and committees), for the words “such body as is mentioned in section 49(1)(c) or (d) below” there shall be substituted the words “ body which is a joint board, joint authority or other combined body all the membersof which are representatives of local authorities ”.

35

• (1) Section 49 of that Act shall be amended as follows.

• (2) For subsection (1) (bodies to which sections 46 and 47 apply) there shall be substituted the following subsection—

(1) Sections 46 and 47 above apply— (a) to the bodies specified in section 21(2) of the Local Government and Housing Act 1989; and (b) to any prescribed body on which a body to which those sections apply byvirtue of paragraph (a) above is represented.

• (3) For subsection (2) (meaning of “approved duties”) there shall be substituted the following subsection—

(2) In sections 46 to 48 above “approved duty”, in relation to a member of a body, means such duties as may be specified in or determined under regulations made by the Secretary of State.

• (4) In subsection (4) (members not excluded from discussion of allowances), at the end there shall be inserted the words “ or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989 ”.

36

In sub-paragraph (1) of paragraph 7 of Schedule 7 to that Act (recording the minutes of meetings of local authorities) for the word “following” there shall be substituted the word “ suitable ”; and after sub-paragraph (2) of that paragraph there shall be inserted the following sub-paragraph—

(3) For the purposes of sub-paragraph (1) above, the next suitable meeting of a local authority is their next following meeting or, where standing orders made by the authority in accordance with regulations under section 20 of the Local Government and Housing Act 1989 provide for another meeting of theauthority to be regarded as suitable, either the next following meeting or that other meeting.

The Local Government Act 1974

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38

In section 23(12) of that Act (triennial reports to Part III authorities) the words “(through the appropriate representative body designated under section 24 below)" shall be omitted and at the end there shall be inserted the words “ and shall send copies of those recommendations or conclusions to the representative persons and authorities concerned ”.

39

• (1) In section 31(3)(a) of that Act (further provisions about reports on investigations), for “(1) or (2A)” there shall be substituted “ (2) or (2C) ”.

• (2) This paragraph shall not have effect in relation to a report made before the coming into force of section 26 of this Act.

40

In section 32(1) of that Act (publications enjoying absolute privilege for the purposes of the law of defamation), the following paragraph shall be inserted at the end—

(e) the publication of any matter by inclusion in a statement published in accordance with section 31(2D), (2E) and (2F) or (2G) above.

41

In Schedule 4 to that Act (further provisions about the Commissions)—

• (a) in paragraph 6, after “Subject to” there shall be inserted “ section 31(2H) above and ”; and

• (b) in paragraph 7, after “Subject to” there shall be inserted “ section 31(2H) above and ”.

The Housing Act 1974

42

At the end of section 131(4) of the Housing Act 1974 (commencement orders, savings) there shall be added the words “ and an order under subsection (3) above may be revoked or varied by a further order under that subsection which may itself contain such savings with respect to the effect of the revocation or variation as appear to the Secretary of State tobe appropriate ”.

The Local Government (Scotland) Act 1975

43

In section 4 of the Local Government (Scotland) Act 1975 (valuation appeal committees) after subsection (7) there shall beinserted the following subsection—

(7A) There shall be paid to members of a valuation appeal committee and to members of a local valuation panel such allowances as may be determined by the Secretary of State.

44

• (1) In section 29(3)(a) of that Act (further provisions about reports on investigations), for “(1) or (2A)” there shall be substituted “ (2) or (2C) ”.

• (2) This paragraph shall not have effect in relation to a report made before the coming into force of section 27 of this Act.

45

In section 30(1) of that Act (publications enjoying absolute privilege for the purposes of the law of defamation), the following paragraph shall be inserted at the end—

(e) the publication of any matter by inclusion in a statement published in accordance with section 29(2D), (2E) and (2F) or (2G) of this Act.

46

In Schedule 4 to that Act (further provisions about the Commissioner) in paragraph 5, at the beginning, there shall be inserted “ Subject to section 29(2H) of this Act, ”.

The Local Government (Miscellaneous Provisions) Act 1976

47

In section 33 of the Local Government (Miscellaneous Provisions) Act 1976 (restoration or continuation of supply of water, gas or electricity) in subsection (4) for the word “and”, where it first occurs, there shall be substituted “ the sum so recoverable, together with any interest accrued due, shall, until recovered, be a charge on the premises concerned and if ” and at the end of that subsection there shall be inserted the following subsection—

(4A) A charge under subsection (4) above takes effect from the date when the council makes the payment referred to in that subsection and, for the purposesof enforcing a charge,— (a) the council shall have the same powers and remedies, under the Law of Property Act 1925 and otherwise, as if it were a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases and, subject to paragraph (b) below, of appointing a receiver; and (b) the power to appoint a receiver shall be exercisable at any time after the expiry of one month from the date when the charge takes effect.

48

In section 40 of that Act (local authorities not affected by trusts attaching to certain securities issued by them), in subsection (1) after the word “officer” there shall be inserted “ or other person ”.

The Rent (Agriculture) Act 1976

49

In section 33 of the Rent (Agriculture) Act 1976 (suspension of condition attached to planning permission), in subsection (2) after the words “let on or subject to” there shall be inserted “ anassured agricultural occupancy, within the meaning of Chapter III of Part I of the Housing Act 1988, or ”.

50

In Schedule 2 to that Act (meaning of “relevant licence” and “relevant tenancy”), in paragraph 2 (meaning of “relevant tenancy”)after “applies” there shall be inserted “ a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applies ”.

The Rent Act 1977

51

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52

• (1) In section 116 of that Act (dwelling subject to statutory tenancy: works to which the tenant is unwilling to consent) in subsection (2) for the words from “paragraph (a)” to “paragraph (b)" there shall be substituted “ any of paragraphs (a) to (c) ”.

• (2) At the end of subsection (3) of that section there shall be added

or (c) that the works were specified in an application for a renovation grant, a common parts grant, a disabled facilities grant or an HMO grant under Part VIII of the Local Government and Housing Act 1989 and the application has been approved.

• (3) At the end of subsection (5) of that section there shall be added the words “ or, as the case may be, with any condition under section 118(2) of the Local Government and Housing Act 1989 ”.

53

• (1) In section 137 of that Act (effect on sub-tenancy of determination of superior tenancy), in subsection (5) after the words “a protected tenancy” there shall be inserted “ or an assured tenancy, within the meaning of Part I of the Housing Act 1988 ”.

• (2) In subsection (6) of that section—

• (a) in paragraph (a) after “1954” there shall be inserted “ or, as the case may be, served under paragraph 4(1) of Schedule 10 to the Local Government and Housing Act 1989 ”;

• (b) in paragraph (b) for the words “that Act” there shall be substituted “ the said Act of 1954 or, as the case may be, paragraph 3 of the said Schedule 10 ”; and

• (c) in the words following paragraph (b) for the words “Part I of that Act” there shall be substituted “ Part I of the said Act of 1954 or, as the case may be, the said Schedule 10 ”.

The Protection from Eviction Act 1977

54

In section 8 of the Protection from Eviction Act 1977 (interpretation), in subsection (1) (meaning of “statutorily protected tenancy”) after paragraph (e) there shall be inserted—

(e) a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applies

.

The Education (Scotland) Act 1980

55

In Schedule A1 to the Education (Scotland) Act 1980, for paragraph 9 there shall be substituted the following paragraph—

(9) There shall be paid to members of an appeal committee constituted in accordance with this Schedule such allowances as may be determined by the Secretary of State.

The Local Government, Planning and Land Act 1980

56

In section 98 of the Local Government, Planning and Land Act 1980 (disposal of land at direction of Secretary of State), in subsection (8), at the end of paragraph (b) the word “or” shall be omitted and at the end of paragraph (c) there shall be added—

or (d) in any case where the body to whom this Part of this Act applies is one of the bodies specified in subsection (8A) below, the other body is a company under the control or subject to the influence of that body within the meaning of Part V of the Local Government and Housing Act 1989 (companies in which local authorities have interests). (8A) The bodies referred to in subsection (8)(d) above are— (a) a county council; (aa) a county borough council; (b) a district council; (c) a London borough council; (d) the Common Council of the City of London; ... (e) a joint authority established by Part IV of the Local Government Act 1985; (eza) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009; (ezb) a combined authority established under section 103 of that Act; and (ea) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (f) the London Fire Commissioner.

57

In section 100 of that Act (interpretation and extent of Part X) for subsection (1) there shall be substituted the following subsections—

(1) Except where the context otherwise requires, in this Part of this Act, “subsidiary”, in relation to a body to whom this Part of this Act applies, means— (a) if that body is a county council, county borough council district council, London borough council, the Common Council of the City of London , the London Fire Commissioner , a joint authority established by Part 4 of the Local Government Act 1985 , an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, or a combined authority established under section 103 of that Act, a company under the control, or subject to the influence, of that body within the meaning of Part V of the Local Government and Housing Act 1989 (companies in which local authorities have interests); and (b) in the case of any other body, a wholly-owned subsidiary of that body. (1A) In this Part of this Act, “wholly-owned subsidiary" has the meaning assigned to it by section 1159 of the Companies Act 2006.

...

58

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Stock Transfer Act 1982

59

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The County Courts Act 1984

60

In section 77 of the County Courts Act 1984 (appeals: general provisions), in subsection (6) after paragraph (ee) there shall be inserted the following paragraph—

(ef) paragraph 13(4) of Schedule 10 to the Local Government and Housing Act 1989; or

.

Rent (Scotland) Act 1984

61

In section 58(7) of the Rent (Scotland) Act 1984 (power to vary sum of £104 specified in phasing formula under section 58(2)) for the words “the sum specified in” there shall be substituted the words “ or repealing any of the provisions of ”.

The Housing Act 1985

62

In section 8 of the Housing Act 1985 (periodical review of housing needs), in subsection (2) for the words from “inspections” onwards there shall be substituted “ the consideration of the housing conditions in their district under section 605 ”.

63

In each of sections 47(4) and 48(3A) of that Act (limitation of service charges etc.), after the words “Part XV” there shall be inserted “ of this Act or Part VIII of the Local Government and Housing Act 1989 ”.

64

In section 54 of that Act (powers of entry), at the end of subsection (2) there shall be added the words “ and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf ”.

65

• (1) In section 55 of that Act (penalty for obstruction), in subsection (1)after the word “offence” there shall be inserted “ intentionally ”.

• (2) In subsection (2) of that section for the words “level 2” there shall be substituted “ level 3 ”.

66

In section 100 of that Act (power to reimburse cost of secure tenant’s improvements), after subsection (2) there shall be inserted the following subsection—

(2A) In subsection (2)— (a) the reference to an improvement grant under Part XV includes a reference to a renovation grant, disabled facilities grant or HMO grant under Part VIII of the Local Government and Housing Act 1989; and (b) the reference to a common parts grant under Part XV includes a referenceto a common parts grant under the said Part VIII.

67

In section 101 of that Act (rent not to be increased on account of tenant’s improvements), after subsection (1) there shall be inserted the following subsection—

(1A) In subsection (1)— (a) the reference to an improvement grant under Part XV includes a reference to a renovation grant, disabled facilities grant or HMO grant under Part VIII of the Local Government and Housing Act 1989; and (b) the reference to a common parts grant under Part XV includes a referenceto a common parts grant under the said Part VIII.

68

In section 244 of that Act (environmental works), in subsection (3) after the word “works” there shall be inserted “ (a) ”, after the word “grant”, in the last place where it occurs, there shall be inserted “ under Part XV ” and at the end there shall be added

or (e) which are included in the external works specified in a group repair scheme, within the meaning of Part VIII of the Local Government and Housing Act 1989, in which the person concerned is eligible to participate. (3A) In subsection (3)— (a) the reference to an improvement grant under Part XV includes a reference to a renovation grant, disabled facilities grant or HMO grant under Part VIII of the Local Government and Housing Act 1989; and (b) the reference to a common parts grant under Part XV includes a referenceto a common parts grant under the said Part VIII.

69

In section 255 of that Act (general powers of local housing authority in general improvement areas) after subsection (2) there shall be inserted the following subsection—

(3) In subsection (2)(b)— (a) the reference to an improvement grant under Part XV includes a reference to a renovation grant, disabled facilities grant or HMO grant under Part VIII of the Local Government and Housing Act 1989; and (b) the reference to a common parts grant under Part XV includes a referenceto a common parts grant under the said Part VIII.

70

In section 289 of that Act (declaration of clearance area), subsection (6)shall cease to have effect.

71

In section 327 of that Act (penalty for occupier causing or permitting overcrowding), in subsection (3)—

• (a) for the words “level 1” there shall be substituted “ level 2 ”;and

• (b) for “£2” there shall be substituted “ one-tenth of the amount corresponding to that level ”.

72

In section 331 of that Act (penalty for landlord causing or permitting overcrowding), in subsection (3)—

• (a) for the words “level 1” there shall be substituted “ level 2 ”,and

• (b) for “£2” there shall be substituted “ one-tenth of the amount corresponding to that level ”.

73

In section 340 of that Act (powers of entry), at the end of subsection (2) there shall be added the words “ and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf ”.

74

• (1) In section 341 of that Act (penalty for obstruction), in subsection (1) after the word “offence” there shall be inserted “ intentionally ”.

• (2) In subsection (2) of that section for the words “level 2” there shall be substituted “ level 3 ”.

75

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

76

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

77

• (1) In subsection (1) of section 421 of that Act (housing subsidy), for the words “housing authorities” there shall be substituted the words “ new town corporations and the Development Board for Rural Wales ”.

• (2) In subsection (2) of that section, for paragraphs (a) and (b) there shall be substituted the words “ to the body’s housing account ”.

• (3) This paragraph and paragraphs 78 to 84 below have effect for years beginning on or after 1st April 1990 and in this sub-paragraph “year” has the same meaning as in Part XIII of that Act (general financial provisions).

78

• (1) In subsection (1) of section 422 of that Act (calculation of housing subsidy for local housing authorities), for the words “local housing authority” there shall be substituted the words “ new town corporation ”and for the word “authority’s” there shall be substituted the word “ corporation’s ”.

• (2) In subsection (2) of that section, for the word “authority” there shall be substituted the word “ corporation ”.

79

• (1) In subsection (1) of section 423 of that Act (the base amount), for the words “local housing authority’s” there shall be substituted the words “ new town corporation’s ” and for the word “authority” there shall be substituted the word “ corporation ”.

• (2) In subsection (2) of that section, the words “any description of authority or” shall cease to have effect.

80

• (1) In subsection (1) of section 424 of that Act (the housing costs differential), for the words “local housing authority’s” there shall be substituted the words “ new town corporation’s ”.

• (2) In subsection (2) of that section, for the words “local housing authority’s” there shall be substituted the words “ new town corporation’s ”, for the word “authority”, in each place where it occurs, there shall be substituted the word “ corporation ” and for the words “the authority’s Housing Revenue Account” there shall be substituted the words “ the corporation’s housing account ”.

• (3) For subsection (3) of that section there shall be substituted the following subsection—

(3) A determination may be made for all new town corporations or different determinations may be made for individual corporations; and a determination may be varied or revoked in relation to all or any of the corporations for which it was made.

• (4) In subsection (4) of that section, for the words “local housing authorities”, in both places where they occur, there shall be substituted the words “ new town corporations ”.

81

• (1) In subsection (1) of section 425 of that Act (the local contribution differential), for the words “local housing authority’s” there shall be substituted the words “ new town corporation’s ”.

• (2) In subsection (2) of that section, for the words “An authority’s” there shall be substituted the words “ A corporation’s ”, for the word “authority”, in both places where it occurs, there shall be substituted the word “ corporation ”, for the words “Housing Revenue Account” there shall be substituted the words “ housing account ” and for the words “general rate fund” there shall be substituted the words “ general revenue account ”.

• (3) For subsection (4) of that section there shall be substituted the following subsection—

(4) A determination may be made for all new town corporations or different determinations may be made for different corporations or groups of corporations.

• (4) In subsection (5) of that section, for the words “local housing authorities”, in both places where they occur, there shall be substituted the words “ new town corporations ”.

• (5) In subsection (6) of that section, for the word “authorities” there shall be substituted the words “ corporations ”.

82

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

83

In section 427(1) of that Act (recoupment of subsidy in certain cases),for the words “local housing authority or other body” there shall be substituted the words “ new town corporation or the Development Board for Rural Wales ” and for the words “the authority or other body” there shall be substituted the words “ that body ”.

84

In section 427A of that Act (entitlement to subsidy in case of land subject to a management agreement), for the words “local housing authority or other body” there shall be substituted the words “ new town corporationor the Development Board for Rural Wales ” and for the words “that authority or body’s” there shall be substituted the words “ that body’s ”.

85

In section 582 of that Act (restriction on recovery of possession after making of compulsory purchase order), in subsection (1)(b) for the words “section 243(2) (land in housing action area” there shall be substituted “ section 93(2) of the Local Government and Housing Act 1989 (land in renewal area) ”.

86

In section 584 of that Act (power to enter and determine short tenancies of land acquired or appropriated), in subsection (1), the word “or”, in the last place where it occurs, shall be omitted and after the words “the provisions of Part IX relating to clearance areas,” there shall be inserted

or Part VII of the Local Government and Housing Act 1989 (renewal areas)

.

87