Rent Act 1977

[F1 Case 19] E+W

Textual Amendments

F1 Case 19 added by Housing Act 1980 (c. 51, SIF 61), s. 55

Where the dwelling-house was let under a protected shorthold tenancy (or is treated under section 55 of the Housing Act 1980 as having been so let) and—

(a) there either has been no grant of a further tenancy of the dwelling-house since the end of the protected shorthold tenancy or, if there was such a grant, it was to a person who immediately before the grant was in possession of the dwelling-house as a protected or statutory tenant; and

(b) the proceedings for possession were commenced after appropriate notice by the landlord to the tenant and not later than months after the expiry of the notice.

A notice is appropriate for this Case if—

(i)

it is in writing and states that proceedings for possession under this Case may be brought after its expiry; and

(ii)

it expires not earlier than 3 months after it is served nor, if, when it is served, the tenancy is a periodic tenancy, before that periodic tenancy could be brought to an end by a notice to quit served by the landlord on the same day;

(iii)

it is served—

(a)

in the period of 3 months immediately preceding the date on which protected shorthold tenancy comes to an end; or

(b)

if that date has passed, in the period of 3 months immediately preceding any anniversary of that date; and

(iv)

in a case where a previous notice has been served by the landlord on the tenant in respect of the dwelling-house, and that notice was an appropriate notice, it is served not earlier than 3 months after the expiry of the previous notice.