SCHEDULE 4 Grounds for Possession of Dwelling-House Subject to Protected Occupancy or Statutory Tenancy
Part II Cases in which court must order possession
Case XI
1
The person who granted the tenancy or, as the case may be, the original tenancy (“the original occupier”) was, prior to granting it, occupying the dwelling-house as his residence.
2
The court is satisfied that the dwelling-house is required as a residence for the original occupier or any member of his family who resided with the original occupier when he last occupied the dwelling-house as his residence.
3
Not later than the relevant date the original occupier gave notice in writing to the tenant that possession might be recovered under this Case.
4
The dwelling-house has not since the operative date been let by the original occupier to a tenant as respects whom the condition mentioned in paragraph 3 above was not satisfied.
5
The court may dispense with the requirements of either or both of paragraphs 3 and 4 if of opinion that it is just and equitable so to do.
6
In this case and in Case XII below—
“original tenancy”, in relation to a statutory tenancy, means the tenancy on the termination of which the statutory tenancy arose;
“the relevant date” means the date of the commencement of the tenancy or, as the case may be, the original tenancy, or the expiration of the period of six months beginning with the operative date, whichever is the later.