Rent Act 1977

[F1 Case 20] E+W

Textual Amendments

F1 Case 20 added by Housing Act 1980 (c. 51, SIF 61), s. 67

Where the dwelling-house was let by a person (in this Case referred to as “the owner”) at any time after the commencement of section 67 of the Housing 1980 c. 5 1. Act 1980 and—

(a) at the time when the owner acquired the dwelling-house he was a member of the regular armed forces of the Crown;

(b) at the relevant date the owner was a member of the regular armed forces of the Crown;

(c) not later than the relevant date the owner gave notice in writing to the tenant that possession might be recovered under this Case;

(d) the dwelling-house has not, since the commencement of section 67 of the Act of 1980 been let by the owner on a protected tenancy with respect to which the condition mentioned in paragraph (c) above was not satisfied; and

(e) the court is of the opinion that—

(i) the dwelling-house is required as a residence for the owner; or

(ii) of the conditions set out in Part V of this Schedule one of those in paragraphs (c) to (f) is satisfied.

If the court is of the opinion that, notwithstanding that the condition in paragraph (c) or (d) above is not complied with, it is just and equitable to make an order for possession of the dwelling-house, the court may dispense with the requirements of either or both of these paragraphs, as the case may require.

For the purposes of this Case “regular armed forces of the Crown” has the same meaning as in section 1 of the M1 House of Commons Disqualification Act 1975.

Marginal Citations

M1 1975 c. 24