Housing Act 1985

2 (1) [F1 Subject to sub-paragraph (4B)]a tenancy is not a secure tenancy if the tenant is an employee of the landlord or of— E+W

• a local authority,

• a [F2 development] corporation,

• [F3 a housing action trust]

• an urban development corporation,

• F4 . . ., 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) [F1 Subject 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 [F5 section 50 of the Police Act 1996] (general regulations as to government, administration and conditions of service of police forces).

(3) [F1 Subject to sub-paragraph (4B)]a tenancy is not a secure tenancy if the tenant is an employee of a [F6 fire and rescue authority] 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) [F7 Subject 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.

F8 . . .

[F9 (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

F1 Words 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)

F2 Words in Sch. 1 para. 2(1) substituted (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 4, Sch. 1 para. 28 (with Sch. 2); S.I. 2008/3068, arts.1(2), 2(1)(b) (with arts. 6-13)

F3 Entry inserted by Housing Act 1988 (c. 50, SIF 61), s. 83(6)(a)

F4 Words in Sch. 1 para. 2(1) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F5 Words in Sch. 1 para. 2(2) substituted (22.8.1996) by 1996 c. 16, ss. 103(1), 104(1), Sch. 7 Pt. II para. 40

F6 Words in Sch. 1 para. 2(3) substituted (7.9.2004 for certain purposes for E. and 1.10.2004 insofar as not already in force for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53(1), 61, Sch. 1 para. 62; S.I. 2004/2304, art. 2 (subject to art. 3); S.I. 2004/2917, art. 2

F7 Words 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)

F8 Words 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)

F9 Sch. 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)