Housing Act 1980

4 (1) Section 30 applies as if— E+W

(a) for paragraph (d) in subsection (1) there were substituted the following paragraph—

“(d) that the landlord has offered and is willing to provide or secure the provision of suitable alternative accommodation for the tenant,”;

(b) in subsection (2) for the words from “a tenancy” to the end there were substituted the words “an assured tenancy or successive assured tenancies”; and

(c) at the end there were added the subsections set out in sub-paragraph (2) below.

(2) The following are the subsections added to section 30 in its application to assured tenancies—

“(4) Accommodation shall be deemed to be suitable 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 or on a protected or secure tenancy, 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 that afforded by this Part of this Act in the case of an assured tenancy,

and, in the opinion of the court, the accommodation fulfils the conditions mentioned below.

(5) The conditions are that the accommodation is reasonably suitable to—

(a) the needs of the tenant and his family as regards proximity to place of work;

(b) the means of the tenant; and

(c) 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 provide 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.

(6) 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 the Housing Act 1957.

(7) In this section—

• “assured tenancy” has the same meaning as in section 56 of the Housing Act 1980;

• “protected tenancy” means a protected tenancy within the meaning of the Rent Act 1977, other than one under which the landlord might recover possession of the dwelling-house under one of the Cases in Part II of Schedule 15 to that Act (cases where the court must order possession); and

• “secure tenancy” has the same meaning as in section 28 of the Act of 1980.”.