Housing Act 1985

10 (1) [F1 Subject to sub-paragraphs (2A) and (2B), a tenancy of a dwelling-house is not a secure tenancy] if— E+W

(a) it is granted for the purpose of enabling the tenant to attend a designated course at an educational establishment, and

(b) before the grant of the tenancy the landlord notified him in writing of the circumstances in which this exception applies and that in its opinion the proposed tenancy would fall within this exception;

F2 . . .

(2) A landlord’s notice under sub-paragraph (1)(b) shall specify the educational establishment which the person concerned proposes to attend.

[F3 (2A) Except where the landlord is a local housing authority, a tenancy under sub-paragraph (1) shall become a secure tenancy on the expiry of the period specified in sub-paragraph (3) or on earlier notification by the landlord to the tenant that the tenancy is to be regarded as a secure tenancy.

(2B) Where the landlord is a local housing authority, a tenancy under sub-paragraph (1) shall become a secure tenancy if at any time the authority notify the tenant that the tenancy is to be regarded as a secure tenancy.]

(3) The period referred to in [F4 sub-paragraph (2A)] is—

(a) in a case where the tenant attends a designated course at the educational establishment specified in the landlord’s notice, the period ending six months after the tenant ceases to attend that (or any other) designated course at that establishment;

(b) in any other case, the period ending six months after the grant of the tenancy.

(4) In this paragraph—

• “designated course” means a course of any kind designated by regulations made by the Secretary of State for the purposes of this paragraph;

• “educational establishment” means a university or [F5 institution which provides higher education or further education (or both); and for the purposes of this definition “higher education” and “further education” have the same meaning as in [F6 the Education Act 1996]].

(5) Regulations under sub-paragraph (4) shall be made by statutory instrument and may make different provision with respect to different cases or descriptions of case, including different provision for different areas.

Textual Amendments

F1 Words in Sch. 1 para. 10(1) substituted (1.4.1997) by 1996 c. 52, s. 173, Sch. 16 para. 2(7)(a); S.I. 1996/2959, art. 3

F2 Words in Sch. 1 para. 10(1) repealed (1.4.1997) by 1996 c. 52, ss. 173, 227, Sch. 16 para. 2(7)(b), Sch. 19 Pt. VII; S.I. 1996/2959, art. 3

F3 Sch. 1 para. 10(2A)(2B) inserted (1.4.1997) by 1996 c. 52, s. 173, Sch. 16 para. 2(8); S.I. 1996/2959, art. 3

F4 Words in Sch. 1 para. 10(3) substituted (1.4.1997) by 1996 c. 52, s. 173, Sch. 16 para. 2(9); S.I. 1996/2959, art. 3

F5 Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 Pt. III para. 95

F6 Words in the definition of “educational establishment” in Sch. 1 para. 10(4) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 62 (with ss. 1(4), 561, 562, Sch. 39)