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Will three (3) months notice to quit become a permanent feature under the Control of Rent (Repeal) Act 1997?

To answer this question, one may have to refer to s. 11 of the Control of Rent (Repeal) Act 1997.

Section 11 of the Control of Rent (Repeal) Act 1997 provides:
    Section 11(1) Upon the expiry of the transitional period under sub-s. 5(1) or 5(2), as the case may be, all tenancies deemed to have been entered into between the landlords and tenants under subs 6(1) shall cease to be in force and the landlords shall thereafter
      (a) have the right to vacant possession of the premises from the tenants without payment of any compensation; and

      (b) be entitled to any rental accrued and remaining unpaid from the tenants as at the date of the expiry of the transitional period.


    (2) A landlord who wishes to exercise his right under para. (1)(a) shall serve on the tenant a notice to vacate the premises.

    (3) The notice referred to in subs (2)
      (a) shall provide for a period of three months for the tenant to vacate the premises; ...


Section 11 refers to the right of the landlord to vacant possession of the premises after the expiry of the transitional period and after the cessation of the deemed tenancy, and also to his entitlement to collect whatever rental remaining unpaid as at 31 December 1999.

If the landlord wishes to exercise such right to vacant possession after the expiry of the transitional period, he must serve a notice on the tenant to provide for a period of three months to vacate the premises.

Renewed Tenancies Should Not Be Affected


However, it will not be a permanent feature of all subsequent renewed tenancies by reason of the wording of s. 11 of the Control of Rent (Repeal) Act.

In other words, upon the expiry of the new tenancy entered into immediately upon the expiry of the transitional period, the provision relating to the three months’ notice to quit will no longer apply to any subsequent tenancy.

If a renewed tenancy is entered into between the parties concerned, it will not be subject to the special requirement of having to serve three months’ notice on the tenant to vacate the premises.

Since it is a renewed tenancy and if the landlord intends to terminate it, he is not exercising his right to vacant possession upon the expiry of the transitional period and upon cessation of the deemed tenancy under s. 11.

It is only when the transitional period expires and the deemed tenancy ceases to be in force, and at the same time the landlord wishes to exercise his right to vacant possession, that s. 11(2) (relating to the requirement of three months’ notice to vacate the premises) has to be complied with s. 11(2) will have no application to renewed tenancies to be entered into in the year 2000.

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Notes
Knowledge Base ID :   1355
Last Reviewed :   May 31, 2001

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