PART XVIE+W ASSISTANCE FOR OWNERS OF DEFECTIVE HOUSING

Modifications etc. (not altering text)

C2Pt. XVI (Ss. 527–577) modified by S.I. 1986/797, regs. 2, 3–18

C3Pt. XVI (Ss. 527–577): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(a)(4)

Pt. XVI (ss. 527-577) extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 21(e) (with ss. 54(5)(7), 55(5))

Pt. XVI (ss. 527-577) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(d)

Effect of repurchase on occupierE+W

553 Effect of repurchase on certain existing tenancies [F1(England)] E+W

(1)Where an authority mentioned in section 80 (authorities satisfying the landlord condition for secure tenancy) acquire an interest in a defective dwelling [F2in England] in pursuance of Schedule 20 (repurchase) and—

(a)the land in which the interest subsists is or includes a dwelling-house occupied as a separate dwelling, and

(b)the interest of the person entitled to assistance by way of repurchase is, immediately before the completion of the authority’s acquisition, subject to a tenancy of the dwelling-house,

the tenancy shall not, on or after the acquisition, become a secure tenancy unless the conditions specified in subsection (2) are met.

(2)The conditions are—

(a)that the tenancy was a protected tenancy [F3or an assured tenancy] throughout the period beginning with the making of an application for assistance under this Part in respect of the defective dwelling and ending immediately before the authority’s acquisition; and

(b)no notice was given in respect of the tenancy in accordance with any of Cases 11 to 18 and 20 in Schedule 15 to the M1Rent Act 1977 (notice that possession might be recovered under that Case) or under section 52(1)(b) of the M2Housing Act 1980 (notice that tenancy is to be a protected shorthold tenancy) [F4or in accordance with any of Grounds 1, 3, 4 and 5 in Schedule 2 to the Housing Act 1988 (notice that possession might be recovered under that ground) F5. . .; and].

[F6(c)the tenancy is not by virtue of any provision of Part I of the Housing Act 1988 an assured shorthold tenancy;]

Textual Amendments

F1Word in s. 553 heading inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 11(21)(a) (with savings and transitional provisions in S.I. 2022/1172, regs. 2, 11, 12, 19)

F5Words in s. 553(2)(b) repealed (28.2.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. IV; S.I. 1997/225, art. 2

Marginal Citations