A notice under subsection (1) or (4) of section 21 may not be given in relation to an assured shorthold tenancy of a dwelling-house in England at a time when the landlord is in breach of a prescribed requirement.
The requirements that may be prescribed are requirements imposed on landlords by any enactment and which relate to—
the condition of dwelling-houses or their common parts,
the health and safety of occupiers of dwelling-houses, or
the energy performance of dwelling-houses.
In subsection (2) " enactment " includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978.
For the purposes of subsection (2)(a) " common parts " has the same meaning as in Ground 13 in Part 2 of Schedule 2.
A statutory instrument containing regulations made under this section is subject to annulment in pursuance of a resolution of either House of Parliament.