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Housing Act 1985

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Housing Act 1985, Paragraph 2 is up to date with all changes known to be in force on or before 25 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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2(1)[F1Subject to sub-paragraph (4B)]a tenancy is not a secure tenancy if the tenant is an employee of the landlord or of—

  • a local authority,

  • a new town corporation,

  • [F2a housing action trust]

  • an urban development corporation,

  • F3. . ., or

  • the governors of an aided school,

and his contract of employment requires him to occupy the dwelling-house for the better performance of his duties.

(2)[F1Subject to sub-paragraph (4B)] a tenancy is not a secure tenancy if the tenant is a member of a police force and the dwelling-house is provided for him free of rent and rates in pursuance of regulations made under [F4section 50 of the Police Act 1996] (general regulations as to government, administration and conditions of service of police forces).

(3)[F1Subject to sub-paragraph (4B)]a tenancy is not a secure tenancy if the tenant is an employee of a fire authority (within the meaning of the Fire Services Acts 1947 to 1959) and—

(a)his contract of employment requires him to live in close proximity to a particular fire station, and

(b)the dwelling-house was let to him by the authority in consequence of that requirement.

(4)[F5Subject to sub-paragraph (4A) and (4B)]a tenancy is not a secure tenancy if—

(a)within the period of three years immediately preceding the grant the conditions mentioned in sub-paragraph (1), (2) or (3) have been satisfied with respect to a tenancy of th dwelling-house, and

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

F6. . .

[F7(4A)Except where the landlord is a local housing authority, a tenancy under sub-paragraph (4) shall become a secure tenancy when the periods during which the conditions mentioned in sub-paragraph (1), (2) or (3) are not satisfied with respect to the tenancy amount in aggregate to more than three years.

(4B)Where the landlord is a local housing authority, a tenancy under sub-paragraph (1), (2), (3) or (4) shall become a secure tenancy if the authority notify the tenant that the tenancy is to be regarded as a secure tenancy.]

(5)In this paragraph “contract of employment” means a contract of service or apprenticeship, whether express or implied and (if express) whether oral or in writing.

Textual Amendments

F1Words in Sch. 1 para. 2(1)-(3) inserted (1.4.1997) by 1996 c. 52, s. 173, Sch. 16 para. 2(2); S.I. 1996/2959, art. 3 (subject to transitional provision in Sch. para. 2)

F5Words in Sch. 1 para. 2(4) inserted (1.4.1997) by 1996 c. 52, s. 173, Sch. 16 para. 2(3)(a); S.I. 1996/2959, art. 3 (subject to transitional provision in Sch. para. 2)

F6Words in Sch. 1 para. 2(4) repealed (1.4.1997) by 1996 c. 52, ss. 173, 227, Sch. 16 para. 2(3)(b), Sch. 19 Pt. VII; S.I. 1996/2959, art. 3 (subject to transitional provision in Sch. para. 2)

F7Sch. 1 para. 2(4A)(4B) inserted (1.4.1997) by 1996 c. 52, s. 173, Sch. 16 para. 2(4); S.I. 1996/2959, art. 3 (subject to transitional provision in Sch. para. 2)

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