(1)A tenancy under which a dwelling-house is let as a separate dwelling is a secure tenancy at any time when the conditions described in sections 80 and 81 as the landlord condition and the tenant condition are satisfied.
(2)Subsection (1) has effect subject to—
(a)the exceptions in Schedule 1 (tenancies which are not secure tenancies),
(b)sections 89(3) and (4) and 90(3) and (4) (tenancies ceasing to be secure after death of tenant), and
(c)sections 91(2) and 93(2) (tenancies ceasing to be secure in consequence of assignment of subletting).
(3)The provisions of this Part apply in relation to a licence to occupy a dwelling-house (whether or not granted for a consideration) as they apply in relation to a tenancy.
(4)Subsection (3) does not apply to a licence granted as a temporary expedient to a person who entered the dwelling-house or any other land as a trespasser (whether or not, before the grant of that licence, another licence to occupy that or another dwelling-house had been granted to him).
(1)The landlord condition is that the interest of the landlord belongs to one of the following authorities or bodies—
a local authority,
a new town corporation,
an urban development corporation,
the Development Board for Rural Wales,
the Housing Corporation,
a housing trust which is a charity, or
a housing association or housing co-operative to which this section applies.
(2)This section applies to—
(a)a registered housing association other than a co-operative housing association, and
(b)an unregistered housing association which is a co-operative housing association.
(3)If a co-operative housing association ceases to be registered, it shall, within the period of 21 days beginning with the date on which it ceases to be registered, notify each of its tenants who thereby becomes a secure tenant, in writing, that he has become a secure tenant.
(4)This section applies to a housing co-operative within the meaning of section 27 (agreements for exercise of authority’s housing management functions by co-operative) where the dwelling-house is comprised in an agreement under that section.
The tenant condition is that the tenant is an individual and occupies the dwelling-house as his only or principal home; or, where the tenancy is a joint tenancy, that each of the joint tenants is an individual and at least one of them occupies the dwelling-house as his only or principal home.
(1)A secure tenancy which is either—
(a)a weekly or other periodic tenancy, or
(b)a tenancy for a term certain but subject to termination by the landlord,
cannot be brought to an end by the landlord except by obtaining an order of the court for the possession of the dwelling-house or an order under subsection (3).
(2)Where the landlord obtains an order for the possession of the dwelling-house, the tenancy ends on the date on which the tenant is to give up possession in pursuance of the order.
(3)Where a secure tenancy is a tenancy for a term certain but with a provision for re-entry or forfeiture, the court shall not order possession of the dwelling-house in pursuance of that provision, but in a case where the court would have made such an order it shall instead make an order terminating the tenancy on a date specified in the order and section 86 (periodic tenancy arising on termination of fixed term) shall apply.
(4)Section 146 of the [1925 c. 20.] Law of Property Act 1925 (restriction on and relief against forfeiture), except subsection (4) (vesting in under-lessee), and any other enactment or rule of law relating to forfeiture, shall apply in relation to proceedings for an order under subsection (3) of this section as if they were proceedings to enforce a right of re-entry or forfeiture.
(1)The court shall not entertain—
(a)proceedings for the possession of a dwelling-house let under a secure tenancy, or
(b)proceedings for the termination of a secure tenancy,
unless the landlord has served on the tenant a notice complying with the provisions of this section.
(2)The notice shall—
(a)be in a form prescribed by regulations made by the Secretary of State,
(b)specify the ground on which the court will be asked to make an order for the possession of the dwelling-house or for the termination of the tenancy, and
(c)give particulars of that ground.
(3)Where the tenancy is a periodic tenancy the notice—
(a)shall also specify a date after which proceedings for the possession of the dwelling-house may be begun, and
(b)ceases to be in force twelve months after the date so specified;
and the date so specified must not be earlier than the date on which the tenancy could, apart from this Part, be brought to an end by notice to quit given by the landlord on the same date as the notice under this section.
(4)Where the tenancy is a periodic tenancy, the court shall not entertain any such proceedings unless they are begun after the date specified in the notice and at a time when the notice is still in force.
(5)Where a notice under this section is served with respect to a secure tenancy for a term certain, it has effect also with respect to any periodic tenancy arising on the termination of that tenancy by virtue of section 86; and subsections (3) and (4) of this section do not apply to the notice.
(6)Regulations under this section shall be made by statutory instrument and may make different provision with respect to different cases or descriptions of case, including different provision for different areas.
(1)The court shall not make an order for the possession of a dwelling-house let under a secure tenancy except on one or more of the grounds set out in Schedule 2.
(2)The court shall not make an order for possession—
(a)on the grounds set out in Part I of that Schedule (grounds 1 to 8), unless it considers it reasonable to make the order,
(b)on the grounds set out in Part II of that Schedule (grounds 9 to 11), unless it is satisfied that suitable accommodation will be available for the tenant when the order takes effect,
(c)on the grounds set out in Part III of that Schedule (grounds 12 to 16), unless it both considers it reasonable to make the order and is satisfied that suitable accommodation will be available for the tenant when the order takes effect;
and Part IV of that Schedule has effect for determining whether suitable accommodation will be available for a tenant.
(3)The court shall not make such an order on any of those grounds unless the ground is specified in the notice in pursuance of which proceedings for possession are begun; but the grounds so specified may be altered or added to with the leave of the court.
(1)Where proceedings are brought for possession of a dwelling-house let under a secure tenancy on any of the gounds set out in Part I or Part III of Schedule 2 (grounds 1 to 8 and 12 to 16: cases in which the court must be satisfied that it is reasonable to make a possession order), the court may adjourn the proceedings for such period or periods as it thinks fit.
(2)On the making of an order for possession of such a dwelling-house on any of those grounds, or at any time before the execution of the order, the court may—
(a)stay or suspend the execution of the order, or
(b)postpone the date of possession,
for such period or periods as the court thinks fit.
(3)On such an adjournment, stay, suspension or postponement the court—
(a)shall impose conditions with respect to the payment by the tenant of arrears of rent (if any) and rent or payments in respect of occupation after the termination of the tenancy (mesne profits), unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, and
(b)may impose such other conditions as it thinks fit.
(4)If the conditions are complied with, the court may, if it thinks fit, discharge or rescind the order for possession.
(5)Where proceedings are brought for possession of a dwelling-house which is let under a secure tenancy and—
(a)the tenant’s spouse or former spouse, having rights of occupation under the [1983 c. 19.] Matrimonial Homes Act 1983, is then in occupation of the dwelling-house, and
(b)the tenancy is terminated as a result of those proceedings,
the spouse or former spouse shall, so long as he or she remains in occupation, have the same rights in relation to, or in connection with, any adjournment, stay, suspension or postponement in pursuance of this section as he or she would have if those rights of occupation were not affected by the termination of the tenancy.
(1)Where a secure tenancy (“the first tenancy”) is a tenancy for a term certain and comes to an end—
(a)by effluxion of time, or
(b)by an order of the court under section 82(3) (termination in pursuance of provision for re-entry or forfeiture),
a periodic tenancy of the same dwelling-house arises by virtue of this section, unless the tenant is granted another secure tenancy of the same dwelling-house (whether a tenancy for a term certain or a periodic tenancy) to begin on the coming to an end of the first tenancy.
(2)Where a periodic tenancy arises by virtue of this section—
(a)the periods of the tenancy are the same as those for which rent was last payable under the first tenancy, and
(b)the parties and the terms of the tenancy are the same as those of the first tenancy at the end of it;
except that the terms are confined to those which are compatible with a periodic tenancy and do not include any provision for re-entry or forfeiture.