Leasehold Reform, Housing and Urban Development Act 1993

3 (1) On the termination of a lease under an order for possession there shall terminate also any immediate or derivative sub-lease, and the tenant shall be bound to give up possession of the flat in question to the landlord except in so far as he is precluded from doing so by the rights of other persons to retain possession under or by virtue of any enactment. E+W

(2) Where a sub-lease of property comprised in the lease has been created after the date of the application for possession, no person shall in respect of that sub-lease be entitled under any of the following provisions (which relate to retaining possession on the termination of a superior tenancy), namely—

(a) subsection (2) of section 137 of the M1 Rent Act 1977, or any enactment (including subsection (5) of that section) applying or extending it,

(b) subsection (2) of section 9 of the M2 Rent (Agriculture) Act 1976 as extended by subsection (5) of that section, or

(c) section 18(1) of the M3 Housing Act 1988,

to retain possession of that property after the termination of the lease under the order for possession.

(3) In exercising its jurisdiction under section 61 or this Schedule the court shall assume that the landlord, having obtained an order for possession, will not be precluded from obtaining possession by the right of any person to retain possession by virtue of—

(a) Part VII of the Rent Act 1977 or any enactment applying or extending that Part of that Act,

(b) the Rent (Agriculture) Act 1976, or

(c) Part I of the Housing Act 1988,

or otherwise.

(4) A person in occupation of any property under a sub-lease liable to terminate under sub-paragraph (1) may, with the leave of the court, appear and be heard on any application for possession or any application under paragraph 2.

Marginal Citations

M1 1977 c. 42.

M2 1976 c. 80.

M3 1988 c. 50.