Housing Act 1985

[F1 The dwelling-house is in Wales, the accommodation afforded by it] is more extensive than is reasonably required by the tenant and—

(a) the tenancy vested in the tenant by virtue of section 89 (succession to periodic tenancy) [F2 or 90 (devolution of term certain)], the tenant being qualified to succeed by virtue of section 87(b) (members of family other than spouse), and

(b) notice of the proceedings for possession was served under section 83 more than six months but less than twelve months after [F3 the relevant date].

[F4 For this purpose “the relevant date” is—

(a) the date of the previous tenant's death, or

(b) if the court so directs, 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 previous tenant's death.]

The matters to be taken into account by the court in determining whether it is reasonable to make an order on this ground include—

(a) the age of the tenant,

(b) the period during which the tenant has occupied the dwelling-house as his only or principal home, and

(c) any financial or other support given by the tenant to the previous tenant.

Textual Amendments

F1 Words in Sch. 2 Pt. III Ground 16 substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 162(3)(a), 240(2); S.I. 2012/628, art. 6(b) (with arts. 9, 11, 14, 15, 17)

F2 Words in Sch. 2 Pt. III Ground 16 inserted (1.4.2012 for W.) by Localism Act 2011 (c. 20), ss., 162(3)(b)(i), 240(3)(f); S.I. 2012/887, art. 3(b) (with art. 4)

F3 Words in Sch. 2 Pt. III Ground 16 substituted (1.4.2012 for W.) by Localism Act 2011 (c. 20), ss., 162(3)(b)(ii), 240(3)(f); S.I. 2012/887, art. 3(b) (with art. 4)

F4 Words in Sch. 2 Pt. III Ground 16 inserted (1.4.2012 for W.) by Localism Act 2011 (c. 20), ss., 162(3)(c), 240(3)(f); S.I. 2012/887, art. 3(b) (with art. 4)