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Rent Act 1977, Section 98 is up to date with all changes known to be in force on or before 29 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Subject to this Part of this Act, a court shall not make an order for possession of a dwelling-house which is for the time being let on a protected tenancy or subject to a statutory tenancy unless the court considers it reasonable to make such an order and either—
(a)the court is satisfied that suitable alternative accommodation is available for the tenant or will be available for him when the order in question takes effect, or
(b)the circumstances are as specified in any of the Cases in Part I of Schedule 15 to this Act.
(2)If, apart from subsection (1) above, the landlord would be entitled to recover possession of a dwelling-house which is for the time being let on or subject to a regulated tenancy, the court shall make an order for possession if the circumstances of the case are as specified in any of the Cases in Part II of Schedule 15.
(3)Part III of Schedule 15 shall have effect in relation to Case 9 in that Schedule and for determining the relevant date for the purposes of the Cases in Part II of that Schedule.
(4)Part IV of Schedule 15 shall have effect for determining whether, for the purposes of subsection (1)(a) above, suitable alternative accommodation is or will be available for a tenant.
[F1(5)Part V of Schedule 15 shall have effect for the purpose of setting out conditions which are relevant to Cases 11 and 12 of that Schedule.]
Textual Amendments
F1S. 98(5) added with saving by Housing Act 1980 (c. 51, SIF 61), s. 66(3)(5)
Modifications etc. (not altering text)
C1S. 98(1)(a) modified by Housing Act 1985 (c. 68, SIF 61), s. 309(1)
C2S. 98(1)(a) restricted by S.I. 1986/2092, art. 9
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