Version Superseded: 05/12/2005
Point in time view as at 01/04/1991.
Local Government and Housing Act 1989, Paragraph 5 is up to date with all changes known to be in force on or before 09 March 2025. 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.
5(1)Subject to the following provisions of this paragraph, the grounds mentioned in paragraph 4(5)(b) above are—E+W
(a)Ground 6 in, and those in Part II of, Schedule 2 to the 1988 Act, other than Ground 16;
(b)the ground that, for the purposes of redevelopment after the termination of the tenancy, the landlord proposes to demolish or reconstruct the whole or a substantial part of the premises; and
(c)the ground that the premises or part of them are reasonably required by the landlord for occupation as a residence for himself or any son or daughter of his over eighteen years of age or his or his spouse’s father or mother and, if the landlord is not the immediate landlord, that he will be at the specified date of termination.
(2)Ground 6 in Schedule 2 to the 1988 Act may not be specified in a landlord’s notice to resume possession if the tenancy is a former 1954 Act tenancy; and in the application of that Ground in accordance with sub-paragraph (1) above in any other case, paragraph (c) shall be omitted.
(3)In its application in accordance with sub-paragraph (1) above, Ground 10 in Schedule 2 to the 1988 Act shall have effect as if, in paragraph (b)—
(a)the words “except where subsection (1)(b) of section 8 of this Act applies” were omitted; and
(b)for the words “notice under that section relating to those proceedings” there were substituted “ landlord’s notice to resume possession (within the meaning of Schedule 10 to the Local Government and Housing Act 1989) ”.
(4)The ground mentioned in sub-paragraph (1)(b) above may not be specified in a landlord’s notice to resume possession unless the landlord is a body to which section 28 of the M1Leasehold Reform Act 1967 applies and the premises are required for relevant development within the meaning of that section; and on any application by such a body under paragraph 13 below for possession on that ground, a certificate given by a Minister of the Crown as provided by subsection (1) of that section shall be conclusive evidence that the premises are so required.
(5)The ground mentioned in sub-paragraph (1)(c) above may not be specified in a landlord’s notice to resume possession if the interest of the landlord,or an interest which is merged in that interest and but for the merger wouldbe the interest of the landlord, was purchased or created after 18th February 1966.
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