Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

14 Period of residence protection, and scope of three succeeding sections (protection of tenure under lettings at a rent). E+W

(1) The three next succeeding sections shall have effect, subject to subsection (2) of this section, in the case of a service man who performs a period of relevant service, other than a short period of training, either wholly after the commencement of this Act or partly theretofore and partly thereafter, for giving, during that period of service, or the residue of it if it began before the commencement of this Act, and four months from the date of the ending of it (in this Part of this Act referred to, in relation to such a service man, as his “period of residence protection”), security of tenure of premises which at any time during the period of protection are a rented family residence of his.

For the purposes of the operation of this Part of this Act at any time during a service man’s period of residence protection—

(a) the expression “rented family residence” means premises in which (or in part of which) the service man was living immediately before the beginning of his period of service with a dependant or dependants of his in right of a tenancy at a rent of those premises being a tenancy vested in him or in that dependant or any of those dependants, and in which (or in part of which) at the time in question during the period of protection a dependant or dependants of his is or are living, whether with or without him, in right of such a tenancy of those premises being a tenancy vested in him or in that dependant or any of those dependants; and

(b) the expression “tenancy qualifying for protection” means the tenancy of a rented family residence of the service man in right of which a dependant or dependants of his is or are living therein or in part thereof at the time in question.

(2) The three next succeeding sections shall not have effect if and so long as the rented family residence—

[F1 (a) is a dwelling house which consists of or comprises premises [F2 in England and Wales which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act) on the premises or in Scotland which are] licensed for the sale of intoxicating liquor on the premises; or]

(b) is bona fide let at a rent which includes payments in respect of board, [F3 or

(c) is a dwelling-house which is subject to a protected occupancy or statutory tenancy as defined in the M1 Rent (Agriculture) Act 1976.]

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1 S. 14(2)(a) substituted by Rent Act 1968 (c. 23), s. 117(2), Sch. 15

F2 Words in s. 14(2)(a) inserted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 22 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F3 Words added by Rent (Agriculture) Act 1976 (c. 80), Sch. 8 para. 1

Marginal Citations

M1 1976 c. 80.

14 Period of residence protection, and scope of three succeeding sections (protection of tenure under lettings at a rent). S

(1) The three next succeeding sections shall have effect, subject to subsection (2) of this section, in the case of a service man who performs a period of relevant service, other than a short period of training, either wholly after the commencement of this Act or partly theretofore and partly thereafter, for giving, during that period of service, or the residue of it if it began before the commencement of this Act, and four months from the date of the ending of it (in this Part of this Act referred to, in relation to such a service man, as his “period of residence protection”), security of tenure of premises which at any time during the period of protection are a rented family residence of his.

For the purposes of the operation of this Part of this Act at any time during the service man’s period of residence protection—

(a) the expression “rented family residence” means premises in which (or in part of which) the service man was living immediately before the beginning of his period of service with a dependant or dependants of his in right of a tenancy at a rent of those dependants, and in which (or in part of which) at the time in question during the period of protection a dependant or dependants of his or are living, whether with of without him, in right of such tenancy of those premises being a tenancy vested in him or in that dependant or any of those dependants; and

(b) the expression “tenancy qualifying for protection” means the tenancy of a rented family residence of the service man in right of which a dependant or dependants of his is or are living therein or in part thereof at the time in question.

(2) The three next succeeding sections shall not have effect if and so long as the rented family residence—

[F4 (a) is a dwelling house which consists of or comprises premises [F5 which, by virtue of a premises licence issued under the Licensing (Scotland) Act 2005, are licensed for the sale of alcohol (within the meaning of section 2 of that Act) for consumption on the premises]; or]

(b) is bona fide let at a rent which includes payments in respect of board.

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F4 S. 14(2)(a) substituted by Rent (Scotland) Act 1971 (c. 28), s. 135(2), Sch. 18 Pt. II

F5 Words in s. 14(2)(a) substituted (S.) (1.9.2009 at 5.00 a.m.) by The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009 (S.S.I. 2009/248), art. 1(1), sch. 1 para. 1(2) (with art. 3)