Housing Act 1988
Schedules 1 & 2
Contents:
Schedule 1 Tenancies which cannot be assured
tenancies
Part I Tenancies
Tenancies entered into before commencement
1. A tenancy which is entered into before, or pursuant to a
contract made before, the commencement of this Act
Tenancies of dwelling-houses with high rateable
values
2. -(1) A tenancy-
(a) which is entered into on or after April 1,
1990 (otherwise than, where the dwelling-house had a rateable value on March 31,
1990, in pursuance of a contract made before April 1, 1990), and
(b) under which the rent payable for the time
being is payable at a rate exceeding £25,000 a year.
(2) In sub-paragraph (1) "rent" does not include any sum
payable by the tenant as is expressed (in whatever terms) to be payable in
respect of rates, council tax, services, management, repairs, maintenance or
insurance, unless it could not have been regarded by the parties to the tenancy
as a sum so payable.
2A. A tenancy-
(a) which is entered into before April 1, 1990,
or on or after that date in pursuance of a contract made before that date, and
(b) under which the dwelling-house had a rateable
value on March 31, 1990 which, if it is in Greater London, exceeded £1,500 and,
if it is elsewhere, exceeded £750.
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Tenancies at a low rent
3. A tenancy under which or the time being no rent is payable
3A. A tenancy-
(a) which is entered into on or after April 1,
1990, (otherwise than, where the dwelling-house had a rateable value on March
31, 1990, in pursuance of a contract made before April 1, 1990), and
(b) under which the rent payable for the time
being is payable at a rate of, if the dwelling-house in Greater London, £1,000
or less a year and, if it is elsewhere, £250 or less a year.
3B. A tenancy-
(a) which was entered into before April 1, 1990
or, where the dwelling-house had a rateable value on March 31, 1990, on or after
April 1, 1990 in pursuance of a contract made before that date, and
(b) under which the rent for the time being
payable is less than two-thirds of the rateable value of the dwelling-house on
March 31, 1990.
3C. Paragraph 2(2) above applies for the purposes of paragraphs
3, 3A and 3B as it applies for the purposes of paragraph 2(1).
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Business tenancies
4. A tenancy to which Part II of the Landlord and Tenant Act
1954 applies (business tenancies).
Licensed premises
5. A tenancy under which the dwelling-house consists of or
comprises premises licensed for the sale of intoxicating liquors for consumption
on the premises.
Tenancies of agricultural
land
6. -(1) A tenancy under which agricultural land, exceeding two
acres, is let together with the dwelling-house.
(2) In this paragraph "agricultural land" has the meaning
set out in section 26(3)(a) of the General Rate Act 1967 (exclusion of
agricultural land and premises from liability for rating).
Tenancies of agricultural holdings
7. - (1) A tenancy under which the dwelling-house-
(a) is comprised in an agricultural holding, and
(b) is occupied by the person responsible for the
control (whether as tenant or as servant or agent of the tenant) of the farming
of the holding
(2) A tenancy under which the dwelling-house-
(a) is comprised in the holding held under a farm
business tenancy, and
(b) is occupied by the person responsible for the
control (whether as tenant or as servant or agent of the tenant) of the
management of the holding.
(3) In this paragraph-
"agricultural holding" means any agricultural
holding within the meaning of the Agricultural Holdings Act 1986 held under a
tenancy in relation to which that Act applies, and
"farm business tenancy" and "holding", in
relation to such a tenancy, have the same meaning as in the Agricultural
Tenancies Act 1995
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Lettings to students
8. (1) A tenancy which is granted to a person who is pursuing,
or intends to pursue, a course of study provided by a specified educational
institution and is so granted either by that institution or by another specified
institution or body of persons.
(2) In sub-paragraph (1) above "specified" means specified, or
of a class specified, for the purposes of this paragraph by regulations made by
the Secretary of State by statutory instrument.
(3) A statutory instrument made in the exercise of the power
conferred by sub-paragraph (2) above shall be subject to annulment in pursuance
of a resolution of either House of Parliament.
Holiday Lettings
9. A tenancy the purpose of which is to confer on the tenant
the right to occupy the dwelling-house for a holiday
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Resident landlords
10. - (1) A tenancy in respect of which the following
conditions are fulfilled -
(a) that the dwelling-house forms part only of a
building and, except in a case where the dwelling-house also forms part of a
flat, the building is not a purpose-built block of flats; and
(b) that, subject to Part III of this Schedule,
the tenancy was granted by an individual who, at the time when the tenancy was
granted, occupied as his only or principal home another dwelling-house which, -
(i) in the case mentioned in paragraph (a) above,
also forms part of the flat; or
(ii) in any other case, also forms part of the
building; and
(c) that, subject to Part III of this Schedule,
at all times since the tenancy was granted the interest of the landlord under
the tenancy has belonged to an individual who, at the time he owned that
interest, occupied as his only or principal home another dwelling-house which, -
(i) in the case mentioned in paragraph (a) above,
also formed part of the flat; or
(ii) in any other case, also formed part of the
building; and
(d) that the tenancy is not one which is excluded
from this sub-paragraph by sub-paragraph (3) below.
(2) If a tenancy was granted by two or more persons jointly,
the reference in sub-paragraph (1)(b) above to an individual is a reference to
any one of those persons and if the interest of the landlord is for the time
being held by two or more persons jointly, the reference in subparagraph (1)(c)
above to an individual is a reference to any one of those persons.
(3) A tenancy (in this sub-paragraph referred to as "the new
tenancy") is excluded from sub-paragraph (1) above if -
(a) it is granted to a person (alone, or jointly
with others) who, immediately before it was granted, was a tenant under an
assured tenancy (in this sub-paragraph referred to as "the former tenancy") of
the same dwelling-house or of another dwelling-house which forms part of the
building in question; and
(b) the landlord under the new tenancy and under
the former tenancy is the same person or, if either of those tenancies is or was
granted by two or more persons jointly, the same person is the landlord or one
of the landlords under each tenancy.
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Crown tenancies
11.-(1) A tenancy under which the interest of the landlord
belongs to Her Majesty in right of the Crown or to a government department or is
held in trust for Her Majesty for the purpose of a government department.
(2) The reference in subparagraph (1) above to the case where
the interest of the landlord belongs to Her Majesty in right of the Crown does
not include the case where that interest is under the management of the Crown
Estate Commissioners.
Local authority tenancies
etc.
12.- (1) A tenancy under which the interest of the landlord
belongs to-
(a) a local authority, as defined in
sub-paragraph (2) below;
(b) the Commission for the New Towns;
(c) the Development Board for Rural Wales;
(d) an urban development corporation established
by an order under section 135 of the Local Government, Planning and Land Act
1980;
(e) a development corporation, within the meaning
of the New Towns Act 1981;
(f) an authority established under section 10 of
the Local Government Act 1985 (waste disposal authorities);
(g) a residuary body, within the meaning of the
Local Government Act 1985;
(h) a fully mutual housing association; or
(i) a housing action trust established under Part
III of this Act.
(2) The following are local authorities for the purposes of
sub-paragraph (1)(a) above-
(a) the council of a county, county borough,
district or London borough;
(b) the common Council of the City of London;
(c) the Council of the Isles of Scilly;
(d) the Broads Authority;
(e) the Inner London Education Authority; and
(f) a joint authority, within the meaning of the
Local Government Act 1985
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Transitional cases
13. -(1) A protected tenancy, within the meaning of the Rent
Act 1977.
(2) A housing association tenancy, within the meaning of Part
VI of that Act.
(3) A secure tenancy.
(4) Where a person is a protected occupier of a dwelling-house,
within the meaning of the Rent (Agriculture) Act 1976, the relevant tenancy,
within the meaning of that Act, by virtue of which he occupies the
dwelling-house.
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Part II Rateable values
14. - (1) The rateable value of a dwelling-house at any time
shall be ascertained for the purposes of Part I of this Schedule as follows-
(a) if the dwelling-house is a hereditament for
which a rateable value is then shown in the valuation list, it shall be that
rateable value;
(b) if the dwelling-house forms part only of such
a hereditament or consists of or forms part of more than one such hereditament,
its rateable value shall be taken to be such value as is found by a proper
apportionment or aggregation of the rateable value or values so shown.
(2) Any question arising under this Part of this Schedule as to
the proper apportionment or aggregation of any value or values shall be
determined by the county court and the decision of that court shall be final.
15. Where, after the time at which the rateable value of a
dwelling-house is material for the purposes of any provision of Part I of this
Schedule, the valuation list is altered so as to vary the rateable value of the
hereditament of which the dwelling-house consists (in whole or in part) or forms
part and the alteration has effect from that time or from an earlier time, the
rateable value of the dwelling-house at the material time shall be ascertained
as if the value shown in the valuation list at the material time had been the
value shown in the list as altered.
16. Paragraphs 14 and 15 above apply in relation to any other
land which, under section 2 of this Act, is treated as part of a dwelling-house
as they apply in relation to the dwelling-house itself.
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Part
III Provisions for determining application of paragraph 10 (resident
landlords)
17. - (1) In determining whether the condition in paragraph
10(1)(c) above is at any time fulfilled with respect to a tenancy, there shall
be disregarded-
(a) any period of not more than twenty-eight
days, beginning with the date on which the interest of the landlord under the
tenancy becomes vested at law and in equity in an individual who, during that
period, does not occupy as his only or principal home another dwelling-house
which forms part of the building or, as the case may be, flat concerned;
(b) if, within a period falling within paragraph
(a) above, the individual concerned notifies the tenant in writing of his
intention to occupy as his only or principal home another dwelling-house in the
building or, as the case may be, flat concerned, the period beginning with the
date on which the interest of the landlord under the tenancy becomes vested in
that individual as mentioned in that paragraph and ending-
(i) at the expiry of the period of six months
beginning on that date, or
(ii) on the date on which that interest ceases to
be so vested, or
(iii) on the date on which that interest becomes
again vested in such an individual as is mentioned in paragraph 10(1)(c) or the
condition in that paragraph becomes deemed to be fulfilled by virtue of
paragraph 18(1) or paragraph 20 below, whichever is the earlier; and
(c) any period of not more than two years
beginning with the date on which the interest of the landlord under the tenancy
becomes, and during which it remains, vested-
i) in trustees as such; or
(ii) by virtue of section 9 of the Administration
of Estates Act 1925, in the Probate Judge, within the meaning of that Act.
(2) Where the interest of the landlord under a tenancy becomes
vested at law and in equity in two or more persons jointly, of whom at least one
was an individual, sub-paragraph (1) above shall have effect subject to the
following modifications-
(a) in paragraph (a) for the words from "an
individual" to "occupy" there shall be substituted "the joint landlords if,
during that period none of them occupies"; and
(b) in paragraph (b) for the words "the
individual concerned" there shall be substituted "any of the joint landlords who
is an individual" and for the words "that individual" there shall be substituted
"the joint landlords".
18. -(1) During any period when-
(a) the interest of the landlord under the
tenancy referred to in paragraph 10 above is vested in trustees as such, and
(b) that interest is or, if it is held on trust
for sale, the proceeds of its sale are held on trust for any person who or for
two or more persons of whom at least one occupies as his only or principal home
a dwelling-house which forms part of the building or, as the case may be, flat
referred to in paragraph 10(1)(a),
the condition in paragraph 10(1)(c) shall be
deemed to be fulfilled and accordingly, no part of that period shall be
disregarded by virtue of paragraph 17 above.
(2) If a period during which the condition in paragraph
10(1)(c) is deemed to be fulfilled by virtue of sub-paragraph (1) above comes to
an end on the death of a person who was in occupation of a dwelling-house as
mentioned in paragraph (b) of that sub-paragraph, then, in determining whether
that condition is at any time thereafter fulfilled, there shall be disregarded
any period -
(a) which begins on the date of the death;
(b) during which the interest of the landlord
remains vested as mentioned in sub-paragraph (1)(a) above; and
(c) which ends at the expiry of the period of two
years beginning on the date of the death or on any earlier date on which the
condition in paragraph 10(1)(c) becomes again deemed to be fulfilled by virtue
of subparagraph (1) above.
19. In any case where-
(a) immediately before a tenancy comes to an end
the condition in paragraph 10(1)(c) is deemed to be fulfilled by virtue of
paragraph 18(1) above, and
(b) on the coming to an end of that tenancy the
trustees in whom the interest of the landlord is vested grant a new tenancy of
the same or substantially the same dwelling-house to a person (alone or jointly
with others) who was the tenant or one of the tenants under the previous
tenancy,
the condition in paragraph 10(1)(b) above shall
be deemed to be fulfilled with respect to the new tenancy.
20. - (1) The tenancy referred to in paragraph 10 above falls
within this paragraph if the interest of the landlord under the tenancy becomes
vested in the personal representatives of a deceased person acting in that
capacity.
(2) If the tenancy falls within this paragraph, the condition
in paragraph 10(1)(c) shall be deemed to be fulfilled for any period, beginning
with the date on which the interest becomes vested in the personal
representatives and not exceeding two years, during which the interest of the
landlord remains so vested.
21. Throughout any period which, by virtue of paragraph 17 or
paragraph 18(2) above, falls to be disregarded for the purpose of determining
whether the condition in paragraph 10(1)(c) is fulfilled with respect to a
tenancy, no order shall be made for possession of the dwelling-house subject to
that tenancy, other than an order which might be made if that tenancy were or,
as the case may be, had been an assured tenancy
22. For the purposes of paragraph 10 above, a building is a
purpose-built block of flats if as constructed it contained, and it contains,
two or more flats; and for this purpose 'flat' means a dwelling-house which-
(a) forms part only of a building; and
(b) is separated horizontally from another
dwelling-house which forms part of the same building.
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SCHEDULE
2 Grounds for possession of dwelling-houses let on assured tenancies
Part I Grounds On
Which Court Must Order Possession
Ground 1
Not later than the beginning of the tenancy the landlord gave
notice in writing to the tenant that possession might be recovered on this
ground or the court is of the opinion that it is just and equitable to dispense
with the requirement of notice and (in either case) -
(a) at some time before the beginning of the
tenancy, the landlord who is seeking possession or, in the case of joint
landlords seeking possession, at least one of them occupied the dwelling-house
as his only or principal home; or
(b) the landlord who is seeking possession or, in
the case of joint landlords seeking possession, at least one of them requires
the dwelling-house as his or his spouse's only or principal home and neither the
landlord (or, in the case of joint landlords, any one of them) nor any other
person who, as landlord, derived title under the landlord who gave the notice
mentioned above acquired the reversion on the tenancy for money or money's
worth.
Ground 2
The dwelling-house is subject to a mortgage granted before the
beginning of the tenancy and -
(a) the mortgagee is entitled to exercise a power
of sale conferred on him by the mortgage or by section 101 of the Law of
Property Act 1925; and
(b) the mortgagee requires possession of the
dwelling-house for the purpose of disposing of it with vacant possession in
exercise of that power; and
(c) either notice was given as mentioned in
Ground 1 above or the court is satisfied that it is just and equitable to
dispense with the requirement of notice;
and for the purposes of this ground "mortgage" includes a
charge and "mortgagee" shall be construed accordingly.
Ground 3
The tenancy is a fixed term tenancy for a term not exceeding
eight months and -
(a) not later than the beginning of the tenancy
the landlord gave notice in writing to the tenant that possession might be
recovered on this ground; and
(b) at some time within the period of twelve
months ending with the beginning of the tenancy, the dwelling-house was occupied
under a right to occupy it for a holiday.
Ground 4
The tenancy is a fixed term tenancy for a term not exceeding
twelve months and -
(a) not later than the beginning of the tenancy
the landlord gave notice in writing to the tenant that possession might be
recovered on this ground; and
(b) at some time within the period of twelve
months ending with the beginning of the tenancy, the dwelling-house was let on a
tenancy falling within paragraph 8 of Schedule 1 to this Act.
Ground 5
The dwelling-house is held for the purpose of being available
for occupation by a minister of religion as a residence from which to perform
the duties of his office and -
(a) not later than the beginning of the tenancy
the landlord gave notice in writing to the tenant that possession might be
recovered on this ground; and
(b) the court is satisfied that the
dwelling-house is required for occupation by a minister of religion as such a
residence.
Ground 6
The landlord who is seeking possession or, if that landlord is
a registered housing association or charitable housing trust, a superior
landlord intends to demolish or reconstruct the whole or a substantial part of
the dwelling-house or to carry out substantial works on the dwelling-house or
any part thereof or any building of which it forms part and the following
conditions are fulfilled -
(a) the intended work cannot reasonably be
carried out without the tenant giving up possession of the dwelling-house
because -
(i) the tenant is not willing to agree to such a
variation of the terms of the tenancy as would give such access and other
facilities as would permit the intended work to be carried out, or
(ii) the nature of the intended work is such that
no such variation is practicable, or
(iii) the tenant is not willing to accept an
assured tenancy of such part only of the dwelling-house (in this sub-paragraph
referred to as "the reduced part") as would leave in the possession of his
landlord so much of the dwelling-house as would be reasonable to enable the
intended work to be carried out and, where appropriate, as would give such
access and other facilities over the reduced part as would permit the intended
work to be carried out, or
(iv) the nature of the intended work is such that
such a tenancy is not practicable; and
(b) either the landlord seeking possession
acquired his interest in the dwelling-house before the grant of the tenancy or
that interest was in existence at the time of that grant and neither that
landlord (or, in the case of joint landlords, any of them) nor any other person
who, alone or jointly with others, has acquired that interest since that time
acquired it for money or money's worth; and
(c) the assured tenancy on which the
dwelling-house is let did not come into being by virtue of any provision of
Schedule I to the Rent Act 1977, as amended by Part I of Schedule 4 to this Act
or, as the case may be, section 4 of the Rent (Agriculture) Act 1976, as amended
by Part II of that Schedule.
For the purposes of this ground, if, immediately
before the grant of the tenancy the tenant to whom it was granted or, if it was
granted to joint tenants, any of them was the tenant or one of the joint tenants
of the dwelling-house concerned under an earlier assured tenancy or, as the case
may be, under a tenancy to which Schedule 10 to the Local Government and Housing
Act 1989 applied, any reference in paragraph (b) above to the grant of the
tenancy is a reference to the grant of that earlier assured tenancy or, as the
case may be, to the grant of the tenancy to which the said Schedule 10 applied.
For the purposes of this ground "registered
housing association" has the same meaning as in the Housing Associations Act
1985 and "charitable housing trust" means a housing trust, within the meaning of
that Act, which is a charity, within the meaning of the Charities Act 1960.
For the purposes of this ground, every
acquisition under Part IV of this Act shall be taken to be an acquisition for
money or money's worth; and in any case where -
(i) the tenancy (in this paragraph referred to as
"the current tenancy") was granted to a person (alone or jointly with others)
who, immediately before it was granted, was a tenant under a tenancy of a
different dwelling-house (in this paragraph referred to as "the earlier
tenancy"), and
(ii) the landlord under the current tenancy is
the person who, immediately before that tenancy was granted, was the landlord
under the earlier tenancy, and
(iii) the condition in paragraph (b) above could
not have been fulfilled with respect to the earlier tenancy by virtue of an
acquisition under Part IV of this Act (including one taken to be such an
acquisition by virtue of the previous operation of this paragraph),
the acquisition of the landlord's interest under the current
tenancy shall be taken to have been under that Part and the landlord shall be
taken to have acquired that interest after the grant of the current tenancy.
Ground 7
The tenancy is a periodic tenancy (including a statutory
periodic tenancy) which has devolved under the will or intestacy of the former
tenant and the proceedings for the recovery of possession are begun not later
than twelve months after the death of the former tenant or, if the court so
directs, after the date on which, in the opinion of the court, the landlord or,
in the case of joint landlords, any one of them became aware of the former
tenant's death.
For the purposes of this ground, the acceptance by the landlord
of rent from a new tenant after the death of the former tenant shall not be
regarded as creating a new periodic tenancy, unless the landlord agrees in
writing to a change (as compared with the tenancy before the death) in the
amount of the rent, the period of the tenancy, the premises which are let or any
other term of the tenancy.
Ground 8
Both at the date of the service of the notice under section 8
of this Act relating to the proceedings for possession and at the date of the
hearing -
(a ) if rent is payable weekly or fortnightly, at
least eight weeks' rent is unpaid;
(b) if rent is payable monthly, at least two
months' rent is unpaid;
(c) if rent is payable quarterly, at least one
quarter's rent is more than three months in arrears; and
(d) if rent is payable yearly, at least three
months' rent is more than three months in arrears;
and for the purpose of this ground "rent" means
rent lawfully due from the tenant.
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Part II Grounds On
Which Court May Order Possession
Ground 9
Suitable alternative accommodation is available for the tenant
or will be available for him when the order for possession takes effect
Ground 10
Some rent lawfully due from the tenant -
(a) is unpaid on the date on which the
proceedings for possession are begun; and
(b) except where subsection (l)(b) of section 8
of this Act applies, was in arrears at the date of the service of the notice
under that section relating to those proceedings.
Ground 11
Whether or not any rent is in arrears on the date on which
proceedings for possession are begun, the tenant has persistently delayed paying
rent which has become lawfully due
Ground 12
Any obligation of the tenancy (other than one related to the
payment of rent) has been broken or not performed.
Ground 13
The condition of the dwelling-house or any of the common parts
has deteriorated owing to acts of waste by, or the neglect or default of, the
tenant or any other person residing in the dwelling-house and, in the case of an
act of waste by, or the neglect or default of, a person lodging with the tenant
or a sub-tenant of his, the tenant has not taken such steps as he ought
reasonably to have taken for the removal of the lodger or sub-tenant.
For the purposes of this ground, "common parts" means any part
of a building comprising the dwelling-house and any other premises which the
tenant is entitled under the terms of the tenancy to use in common with the
occupiers of other dwelling-houses in which the landlord has an estate or
interest.
Ground 14
The tenant or a person residing in or visiting the
dwelling-house -
(a) has been guilty of conduct causing or likely
to cause a nuisance or annoyance to a person residing, visiting or otherwise
engaging in a lawful activity in the locality, or
(b) has been convicted of -
(i) using the dwelling-house or allowing it to be
used for immoral or illegal purposes, or
(ii) an arrestable offence committed in, or in
the locality of, the dwelling-house.
Ground 14A
The dwelling-house was occupied (whether alone or with others)
by a married couple or a couple living together as husband and wife and -
(a) one or both of the partners is a tenant of
the dwelling-house,
(b) the landlord who is seeking possession is a
registered social landlord or a charitable housing trust,
(c) one partner has left the dwelling-house
because of violence or threats of violence by the other towards -
(i) that partner, or
(ii) a member of the family of that partner who
was residing with that partner immediately before the partner left, and
(d) the court is satisfied that the partner who
has left is unlikely to return.
For the purposes of this ground "registered social landlord"
and "member of the family" have the same meaning as in Part I of the Housing Act
1996 and "charitable housing trust" means a housing trust, within the meaning of
the Housing Associations Act 1985, which is a charity within the meaning of the
Charities Act 1993.
Ground 15
The condition of any furniture provided for use under the
tenancy has, in the opinion of the court, deteriorated owing to ill-treatment by
the tenant or any other person residing in the dwelling-house and, in the case
of ill-treatment by a person lodging with the tenant or by a sub-tenant of his,
the tenant has not taken such steps as he ought reasonably to have taken for the
removal of the lodger or sub-tenant.
Ground 16
The dwelling-house was let to the tenant in consequence of his
employment by the landlord seeking possession or a previous landlord under the
tenancy and the tenant has ceased to be in that employment.
[For the purposes of this ground, at a time when the landlord
is or was the Secretary of State, employment by a health services body, as
defined in section 60(7) of the National Health Service and Community Care Act
1990, shall be regarded as employment by the Secretary of State.]
Ground 17
The tenant is the person, or one of the persons, to whom the
tenancy was granted and the landlord was induced to grant the tenancy by a false
statement made knowingly or recklessly by -
(a) the tenant, or
(b) a person acting at the tenant's instigation.
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Part
III Suitable Alternative Accommodation
1. For the purposes of Ground 9 above, a certificate of the
local housing authority for the district in which the dwelling-house in question
is situated, certifying that the authority will provide suitable alternative
accommodation for the tenant by a date specified in the certificate, shall be
conclusive evidence that suitable alternative accommodation will be available
for him by that date.
2. Where no such certificate as is mentioned in paragraph 1
above is produced to the court, accommodation shall be deemed to be suitable for
the purposes of Ground 9 above if it consists of either -
(a) premises which are to be let as a separate
dwelling such that they will then be let on an assured tenancy, other than -
(i) a tenancy in respect of which notice is given
not later than the beginning of the tenancy that possession might be recovered
on any of Grounds 1 to 5 above, or
(ii) an assured shorthold tenancy, within the
meaning of Chapter II of Part I of this Act, or
(b) premises to be let as a separate dwelling on
terms which will, in the opinion of the court, afford to the tenant security of
tenure reasonably equivalent to the security afforded by Chapter I of Part I of
this Act in the case of an assured tenancy of a kind mentioned in sub-paragraph
(a) above,
and, in the opinion of the court, the
accommodation fulfils the relevant conditions as defined in paragraph 3 below.
3. (1) For the purposes of paragraph 2 above, the relevant
conditions are that the accommodation is reasonably suitable to the needs of the
tenant and his family as regards proximity to place of work, and either -
(a) similar as regards rental and extent to the
accommodation afforded by dwelling-houses provided in the neighbourhood by any
local housing authority for persons whose needs as regards extent are, in the
opinion of the court, similar to those of the tenant and of his family; or
(b) reasonably suitable to the means of the
tenant and to the needs of the tenant and his family as regards extent and
character; and
that if any furniture was provided for use under
the assured tenancy in question, furniture is provided for use in the
accommodation which is either similar to that so provided or is reasonably
suitable to the needs of the tenant and his family.
3. (2) For the purposes of sub-paragraph (1) (a) above, a
certificate of a local housing authority stating -
(a) the extent of the accommodation afforded by
dwelling-houses provided by the authority to meet the needs of tenants with
families of such number as may be specified in the certificate, and
(b) the amount of the rent charged by the
authority for dwelling-houses affording accommodation of that extent,
shall be conclusive evidence of the facts so
stated.
4. Accommodation shall not be deemed to be suitable to the
needs of the tenant and his family if the result of their occupation of the
accommodation would be that it would be an overcrowded dwelling-house for the
purposes of Part X of the Housing Act 1985.
5. Any document purporting to be a certificate of a local
housing authority named therein issued for the purposes of this Part of this
Schedule and to be signed by the proper officer of that authority shall be
received in evidence and, unless the contrary is shown shall be deemed to be
such a certificate without further proof.
6. In this Part of this Schedule "local housing authority" and
"district", in relation to such an authority, have the same meaning as in the
Housing Act 1985.
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SCHEDULE 2A assured
tenancies: non-shortholds
Tenancies excluded by notice
1(1) An assured tenancy in respect of which a notice is served
as mentioned in sub-paragraph (2) below.
1(2) The notice referred to in sub-paragraph (1) above is one
which -
(a) is served before the assured tenancy is
entered into;
(b) is served by the person who is to be the
landlord under the assured tenancy on the person who is to be the tenant under
that tenancy, and
(c) states that the assured tenancy to which it
relates is not to be an assured shorthold tenancy.
2(1) An assured tenancy in respect of which a notice is served
as mentioned in sub-paragraph (2) below.
2(2) The notice referred to in sub-paragraph (1) above is one
which -
(a) is served after the assured tenancy is
entered into;
(b) is served by the landlord under the assured
tenancy on the tenant under that tenancy, and
(c) states that the assured tenancy to which it
relates is no longer an assured shorthold tenancy.
Tenancies containing exclusionary provision
3. An assured tenancy which contains a provision to the effect
that the tenancy is not an assured shorthold tenancy.
Tenancies under section 39
4. An assured tenancy arising by virtue of section 39 above,
other than one to which subsection (7) of that section applies.
Former secure tenancies
5. An assured tenancy which became an assured tenancy on
ceasing to be a secure tenancy.
Tenancies under Schedule 10 to the Local Government and Housing
Act 1989
6. An assured tenancy arising by virtue of Schedule 10 to the
Local Government and Housing Act 1989 (security of tenure on ending of long
residential tenancies).
Tenancies replacing non-shortholds
7(1) An assured tenancy which -
(a) is granted to a person (alone or jointly with
others) who, immediately before the tenancy was granted, was the tenant (or, in
the case of joint tenants, one of the tenants) under an assured tenancy other
than a shorthold tenancy ("the old tenancy"),
(b) is granted (alone or jointly with others) by
a person who was at that time the landlord (or one of the joint landlords) under
the old tenancy, and
(c) is not one in respect of which a notice is
served as mentioned in sub-paragraph (2) below.
7(2) The notice referred to in sub-paragraph (1)(c) above is
one which -
(a) is in such form as may be prescribed,
(b) is served before the assured tenancy is
entered into,
(c) is served by the person who is to be the
tenant under the assured tenancy on the person who is to be the landlord under
that tenancy (or, in the case of joint landlords, on at least one of the persons
who are to be joint landlords), and
(d) states that the assured tenancy to which it
relates is to be a shorthold tenancy.
8. An assured tenancy which comes into being by virtue of
section 5 above on the coming to an end of an assured tenancy which is not a
shorthold tenancy.
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