Housing Act 1988

101 Tenancies granted after relevant date. E+W

(1) Subject to subsection (4)(a) below, this section applies to any tenancy of or licence to occupy any part of the property proposed to be acquired, being a tenancy or licence commencing,—

(a) in the case of property falling within paragraph (d) of subsection (1) of section 98 above, after the date of the notice under that subsection;

(b) in any other case, after the relevant date.

(2) Notwithstanding anything in any enactment, a tenancy or licence to which this section applies—

(a) shall not be a secure tenancy, and

(b) shall not be capable of becoming an assured tenancy or an assured agricultural occupancy,

and neither Part II of the M1 Landlord and Tenant Act 1954 (business tenancies) nor Parts III to VI of the M2 Agricultural Holdings Act 1986 (tenancies of agricultural holdings, including market gardens and smallholdings) [F1 nor the Agricultural Tenancies Act 1995 (farm business tenancies)] shall apply to a tenancy or licence to which this section applies.

(3) Every tenancy or licence to which this section applies shall be determinable by the landlord or licensor by giving not less than four weeks notice to quit expiring at any time during the tenancy; and this subsection has effect whether or not the tenancy or licence is periodic and, if it is periodic, regardless of the length of the period.

(4) The Secretary of State may make regulations—

(a) excluding from the tenancies and licences to which this section applies a tenancy or licence of a description specified in the regulations;

(b) requiring the public sector landlord to give notice to the applicant of the grant of any tenancy or licence to which this section applies;

(c) requiring the public sector landlord to give notice of the effect of this section to any tenant or licensee under a tenancy or licence to which this section applies;

(d) for securing that, on the transfer of the property included in the acquisition to the applicant, the public sector landlord gives vacant possession of any property subject to a tenancy or licence to which this section applies;

(e) that, in so far as vacant possession is not so given, any costs or expenses attributable to the recovery of vacant possession by the applicant and any losses consequent upon the failure of the public sector landlord to give vacant possession are recoverable by the applicant from that landlord as a simple contract debt; and

(f) making provision for and in connection with the disapplication of this section in any case where the applicant does not proceed with the acquisition.

Textual Amendments

F1 Words in s. 101(2) inserted (1.9.1995) by 1995 c. 8, ss. 40(1), 41(2), Sch. para. 33 (with s. 37)

Marginal Citations

M1 1954 c. 56.

M2 1986 c. 75.