6(1)In any case where—E+W
(a)before 14th August 1974 a dwelling was subject to a tenancy which was a Part VI contract within the meaning of the M1Rent Act 1968, and
(b)the dwelling forms part only of a building, and that building is not a purpose-built block of flats within the meaning of section 12 of this Act, and
(c)on that date the interest of the lessor, within the meaning of Part VI of the M2Rent Act 1968, under the tenancy—
(i)belonged to a person who occupied as his residence another dwelling which also formed part of that building, or
(ii)was vested in trustees as such and was or, if it was held on trust for sale, the proceeds of its sale were held on trust for a person who occupied as his residence another dwelling which also formed part of that building, and
(d)apart from paragraph 1 of Schedule 3 to the M3Rent Act 1974 the tenancy would, on that date, have become a protected furnished tenancy,
this Act shall apply, subject to sub-paragraph (2) below, as if the tenancy had been granted on that date and as if the condition in section 12(1)(b) of this Act were fulfilled in relation to the grant of the tenancy.
(2)In the application of this Act to a tenancy by virtue of this paragraph—
(a)subsection (2) of section 12 shall be omitted; and
(b)in section 20 and Part II of Schedule 2 any reference to section 12 of this Act shall be construed as including a reference to this paragraph.
(3)In any case where paragraphs (a), (b) and (d) of sub-paragraph (1) above apply but on 14th August 1974 the interest referred to in paragraph (c) of that sub-paragraph was vested—
(a)in the personal representatives of a deceased person acting in that capacity, or
(b)by virtue of section 9 of the M4Administration of Estates Act 1925, in the Probate Judge within the meaning of that Act, or
(c)in trustees as such,
then, if the deceased immediately before his death or, as the case may be, the settlor immediately before the creation of the trust occupied as his residence another dwelling which also formed part of the building referred to in paragraph (b) of sub-paragraph (1) above, that sub-paragraph shall apply as if the condition in paragraph (c) thereof were fulfilled.
(4)In the application of [F1paragraph 1(c)] of Schedule 2 to this Act in a case falling within sub-paragraph (3) above, any period before 14th August 1974 during which the interest of the landlord vested as mentioned in that subsection shall be disregarded in calculating the period of 12 months specified therein.
Textual Amendments
F1Words substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 60(a)
Marginal Citations