Commentary on Sections Section 41: Application of sections 33 to 40
198.This section sets out that sections 33 to 40 apply to assured shorthold tenancies granted on or after the day the sections come into force (but excluding assured shorthold tenancies that arose under section 5(2) of the Housing Act 1988 after the coming into force of the sections, where the original tenancy was granted before the sections came into force). The sections come into force on such day as the Secretary of State may appoint by order. However, once a provision has been brought into force it will apply to all assured shorthold tenancies, whether granted before or after the commencement day, three years after the provision comes into force. This is with the exception of section 39 which will continue to apply only to new tenancies entered into after the coming into force of the sections.