PART IPublic Sector Tenants

CHAPTER IISecurity of Tenure and Rights of Secure Tenants

Secure tenancies

28Secure tenancies

1

A tenancy under which a dwelling-house is let as a separate dwelling is a secure tenancy at any time when the conditions described below as the landlord condition and the tenant condition are satisfied, but subject to the exceptions in Schedule 3 to this Act and to subsection (5) below and sections 37 and 49 of this Act.

2

The landlord condition is that—

a

the interest of the landlord belongs to one of the bodies mentioned in subsection (4) below; or

b

the interest of the landlord belongs to a housing association falling within subsection (3) of section 15 of the 1977 Act; or

c

the interest of the landlord belongs to a housing co-operative and the dwelling-house is comprised in a housing co-operative agreement; or

d

the interest of the landlord belongs to a county council and the tenancy was granted by it in the exercise of the reserve powers conferred on county councils by section 194 of the [1972 c. 70.] Local Government Act 1972.

3

The tenant condition is that the tenant is an individual and occupies the dwelling-house as his only or principal home; or, where the tenancy is a joint tenancy, that each of the joint tenants is an individual and at least one of them occupies the dwelling-house as his only or principal home.

4

The bodies referred to in subsection (2) (a) above are—

a

a local authority;

b

the Commission for the New Towns;

c

a development corporation;

d

the Housing Corporation;

e

a housing trust which is a charity within the meaning of the [1960 c. 58.] Charities Act 1960 ; and

f

the Development Board for Rural Wales.

5

Where a secure tenancy is a tenancy for a term certain and the tenant dies, the tenancy remains a secure tenancy until either—

a

the tenancy is vested or otherwise disposed of in the course of the administration of the tenant's estate; or

b

it is known that when the tenancy has been so vested or disposed of it will not be a secure tenancy.