Housing and development
I134Further exemptions to section 33
1
Subsections (1) and (2) of section 33 do not apply where the condition of the dwelling-house or common parts that gave rise to the service of the relevant notice is due to a breach by the tenant of—
a
the duty to use the dwelling-house in a tenant-like manner, or
b
an express term of the tenancy to the same effect.
2
Subsections (1) and (2) of section 33 do not apply where at the time the section 21 notice is given the dwelling-house is genuinely on the market for sale.
3
For the purposes of subsection (2), a dwelling-house is not genuinely on the market for sale if, in particular, the landlord intends to sell the landlord's interest in the dwelling-house to—
a
a person associated with the landlord,
b
a business partner of the landlord,
c
a person associated with a business partner of the landlord, or
d
a business partner of a person associated with the landlord.
4
In subsection (3), references to a person who is associated with another person are to be read in accordance with section 178 of the Housing Act 1996.
5
For the purposes of subsection (3), a business partner of a person (“P”) is a person who is—
a
a director, secretary or other officer of a company of which P is also a director, secretary or other officer,
b
a director, secretary or other officer of a company in which P has a shareholding or other financial interest,
c
a person who has a shareholding or other financial interest in a company of which P is a director, secretary or other officer,
d
an employee of P,
e
a person by whom P is employed, or
f
a partner of a partnership of which P is also a partner.
6
Subsections (1) and (2) of section 33 do not apply where the landlord is a private registered provider of social housing.
7
Subsections (1) and (2) of section 33 do not apply where—
a
the dwelling-house is subject to a mortgage granted before the beginning of the tenancy,
b
the mortgagee is entitled to exercise a power of sale conferred on the mortgagee by the mortgage or by section 101 of the Law of Property Act 1925, and
c
at the time the section 21 notice is given the mortgagee requires possession of the dwelling-house for the purpose of disposing of it with vacant possession in exercise of that power.
8
In subsection (7)—
a
“mortgage” includes a charge, and
b
“mortgagee” includes a receiver appointed by the mortgagee under the terms of the mortgage or in accordance with the Law of Property Act 1925.