SCHEDULE 9 Transitional

SCHEDULE 9 Transitional

Section 40

Licence or tenancy granted before operative date: resident landlord on and after that date

1

A licence or tenancy which was granted before the operative date shall not be a relevant licence or tenancy if, on the assumption—

(a)     that it was granted on the operative date, and

(b)     that the condition in paragraph (b) of subsection (1) of section 5A of the Rent Act 1968 (no protected tenancy in certain cases where landlord's interest belongs to resident landlord) was fulfilled,

it would be precluded from being a relevant licence or tenancy by virtue of the said section 5A as applied by Schedule 2 to this Act.

Protected occupancy arising on or after operative date

2

(1)     This paragraph applies as respects the question whether at any date which is on or after the operative date a person who has in relation to a dwelling-house a relevant licence or tenancy is a protected occupier of the dwelling-house.

(2)     So far as the question depends on prior circumstances, they shall be taken into account even if occurring before the operative date.

(3)     In applying this paragraph to section 2(3)

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