Housing Act 1985

5 (1) [F1 Subject to sub-paragraphs (1A) and (1B), a tenancy is not a secure tenancy] if— E+W

(a) the person to whom the tenancy was granted was not, immediately before the grant, resident in the district in which the dwelling-house is situated,

(b) before the grant of the tenancy, he obtained employment, or an offer of employment, in the district or its surrounding area,

(c) the tenancy was granted to him for the purpose of meeting his need for temporary accommodation in the district or its surrounding area in order to work there, and of enabling him to find permanent accommodation there, and

(d) the landlord notified him in writing of the circumstances in which this exception applies and that in its opinion the proposed tenancy would fall within this exception;

F2 . . .

[F3 (1A) Except where the landlord is a local housing authority, a tenancy under sub-paragraph (1) shall become a secure tenancy on the expiry of one year from the grant or on earlier notification by the landlord to the tenant that the tenancy is to be regarded as a secure tenancy.

(1B) Where the landlord is a local housing authority, a tenancy under sub-paragraph (1) shall become a secure tenancy if at any time the authority notify the tenant that the tenancy is to be regarded as a secure tenancy.]

(2) In this paragraph—

• “district” means district of a local housing authority; and

• “surrounding area”, in relation to a district, means the area consisting of each district that adjoins it

Textual Amendments

F1 Words in Sch. 1 para. 5(1) substituted (1.4.1997) by 1996 c. 52, s. 173, Sch. 16 para. 2(5)(a); S.I. 1996/2959, art. 3 (subject to transitional provision in Sch. para. 2)

F2 Words in Sch. 1 para. 5(1) repealed (1.4.1997) by 1996 c. 52, ss. 173, 227, Sch. 16 para. 2(5)(b), Sch. 19 Pt. VII; S.I. 1996/2959, art. 3 (subject to transitional provision in Sch. para. 2)

F3 Sch. 1 para. 5(1A)(1B) inserted (1.4.1997) by 1996 c. 52, s. 173, Sch. 16 para. 2(6); S.I. 1996/2959, art. 3 (subject to transitional provision in Sch. para. 2)