Part I Preliminary

Exceptions

12 Resident landlords.

(1)

Subject to subsection (2) below, a tenancy of a dwelling-house granted on or after 14th August 1974 shall not be a protected tenancy at any time if—

F1(a)

the dwelling-house forms part only of a building and, except in a case where the dwelling-house also forms part of a flat, the building is not a purpose-built block of flats, and

(b)

the tenancy was granted by a person who, at the time when he granted it, occupied as his residence another dwelling-house which—

(i)

in the case mentioned in paragraph (a) above, also forms part of the flat; or

(ii)

in any other case, also forms part of the building; and

(c)

subject to paragraph 1 of Schedule 2 to this Act, at all times since the tenancy was granted the interest of the landlord under the tenancy has belonged to a person who, at the time he owned that interest, occupied as his residence another dwelling-house which—

(i)

in the case mentioned in paragraph (a) above, also formed part of the flat; or

(ii)

in any other case, also formed part of the building.

F2(2)

This section does not apply to a tenancy of a dwelling-house which forms part of a building if the tenancy is granted to a person who, immediately before it was granted, was a protected or statutory tenant of that dwelling-house or of any other dwelling-house in that building.

(3)

For the purposes of subsection (2) above, a tenancy shall be treated as being for a term of years certain notwithstanding that it is liable to determination by re-entry or on the happening of any event other than the giving of notice by the landlord to determine the term.

(4)

Schedule 2 to this Act shall have effect for the purpose of supplementing this section.