SCHEDULE 5 Terms of the Statutory Tenancy

SCHEDULE 5 Terms of the Statutory Tenancy

Section 10

Preliminary

1

(1)     In this Schedule the “original contractâ€, in relation to a statutory tenancy, means the licence or tenancy on the termination of which the statutory tenancy arose.

(2)     No account shall be taken for the purposes of this Schedule of any term of the original contract under which the right of occupation depended, or which itself depended, on the occupier being employed in agriculture or in some other way.

(3)     In this Schedule “termâ€, in relation to the statutory tenancy, or in relation to the original contract, includes a condition of the tenancy or contract.

Terms derived from the original licence or tenancy

2

(1)     So long as he retains possession, the statutory tenant shall observe, and be entitled to the benefit of, all the terms of the original contract.

(2)     Sub-paragraph (1) applies whether or not the terms are express or implied or statutory.

(3)     Sub-paragraph (1) applies subject to the provisions of this Schedule, and of Part II of this Act.

Tenancy derived from licence

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If the original contract was a licence, the statutory tenancy shall be a weekly tenancy.

Covenant for quiet enjoyment, etc

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