Housing Act 1985

Premises occupied in connection with employment E+W

2 (1) A tenancy is not a secure tenancy if the tenant is an employee of the landlord or of—

• a local authority,

• a new town corporation,

• [F1 a housing action trust]

• an urban development corporation,

• the Development Board for Rural Wales, or

• the governors of an aided school,

and his contract of employment requires him to occupy the dwelling-house for the better performance of his duties.

(2) A tenancy is not a secure tenancy if the tenant is a member of a police force and the dwelling-house is provided for him free of rent and rates in pursuance of regulations made under section 33 of the M1 Police Act 1964 (general regulations as to government, administration and conditions of service of police forces).

(3) A tenancy is not a secure tenancy if the tenant is an employee of a fire authority (within the meaning of the Fire Services Acts 1947 to 1959) and—

(a) his contract of employment requires him to live in close proximity to a particular fire station, and

(b) the dwelling-house was let to him by the authority in consequence of that requirement.

(4) A tenancy is not a secure tenancy if—

(a) within the period of three years immediately preceding the grant the conditions mentioned in sub-paragraph (1), (2) or (3) have been satisfied with respect to a tenancy of th dwelling-house, and

(b) before the grant the landlord notified the tenant in writing of the circumstances in which this exception applies and that in its opinion the proposed tenancy would fall within this exception.

until the periods during which those conditions are not satisfied with respect to the tenancy amount in aggregate to more than three years.

(5) In this paragraph “contract of employment” means a contract of service or apprenticeship, whether express or implied and (if express) whether oral or in writing.

Textual Amendments

F1 Entry inserted by Housing Act 1988 (c. 50, SIF 61), s. 83(6)(a)

Marginal Citations

M1 1964 c. 48