C1Part II Protection Against Insecurity of Tenure of Place of Residence
Protection during service other than short period of training
E218 Protection of tenure, in connection with employment, under a licence or a rent-free letting, by extension of the Rent Acts.
1
Where—
a
a service man begins a period of relevant service, other than a short period of training, after the commencement of this Act, and immediately before beginning it he was living, together with a dependant or dependants of his, in any premises by virtue of a licence in that behalf granted to him by his employer in consequence of his employment, or by virtue of a tenancy so granted otherwise than at a rent (in this section referred to as a “rent-free tenancy”), or
b
a service man is performing a period of relevant service, other than a short period of training, at the commencement of this Act, and immediately before beginning it he was living as aforesaid, and a dependant or dependants of his is or are living in the premises or in part thereof, otherwise than in right of a tenancy at a rent, at the commencement of this Act,
then during the service man’s period of residence protection as defined in section fourteen of this Act F5Chapter I of Part I of the Housing Act 1988 shall, subject to the provisions of this section, apply in relation to those premises as if instead of the licence, or of the rent-free tenancy, as the case may be, there had been granted to the service man a tenancy at a rent—
i
for a term of years certain expiring at the beginning of the period of service, or at the commencement of this Act if the period of service began theretofore, and
ii
in other respects on the same terms and conditions (excluding any terms or conditions relating to the employment) as those on which the licence, or the rent-free tenancy, as the case may be, was granted;
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3
Subsection (1) of this section shall not have effect—
a
where the licence, or the rent-free tenancy, as the case may be, was granted in connection with the management of premises licensed for the sale of intoxicating liquor for consumption thereon, or
b
where the licence, or the rent-free tenancy, as the case may be, was granted pursuant to a contract which imposed on the grantor thereof an obligation to provide board for the service man and the dependant or dependants, or
c
d
F10is a dwelling-house which is let on or subject to an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988 which is not an assured tenancy.
4
As regards the assumption of the granting of a tenancy which is to be made for the purposes of subsection (1) of this section in a case where the grant in question was of a licence, if the granting of such a tenancy would have been a subletting of the premises it shall not be treated for any purpose as constituting a breach of any covenant or agreement prohibiting or restricting subletting.
5
The subsistence of a Crown interest in the premises shall not affect the application of this section if the interest of the grantor of the licence, or the rent-free tenancy, as the case may be, is not a Crown interest.
6
In relation to a policeman service man this section shall have effect with the substitution of a reference to a grant to him, either by the relevant police authority or by another person under arrangements made by that authority with that person, in consequence of the service man’s membership of the relevant police force, for the reference in subsection (1) to a grant to a service man by his employer in consequence of his employment.
E118 Protection of tenure, in connection with employment, under a licence or a rent-free letting, by extension of the Rent Acts.
1
Where—
a
a service man begins a period of relevant service, other than a short period of training, after the commencement of this Act, and immediately before beginning it he was living, together with a dependant or dependants of his, in any premises by virtue of a licence in that behalf granted to him by his employer in consequence of his employment, or by virtue of a tenancy so granted otherwise than at a rent (in this section referred to as a “rent-free tenancy”), or
b
a service man is performing a period of relevant service, other than a short period of training, at the commencement of this Act, and immediately before beginning it he was living as aforesaid, and a dependant of dependants of his or are living in the premises or in part thereof, otherwise than in right of a tenancy at a rent, at the commencement of this Act,
then during the service man’s period of residence protection as defined in section fourteen of this Act F1sections 12 to 31 of the Housing (Scotland) Act 1988 shall, subject to the provisions of this section, apply in relation to those premises as if instead of the licence or, of the rent-free tenancy, as the case may be, there had been granted to the service man a tenancy at a rent—
i
for a term of years certain expiring at the beginning of the period of service, or at the commencement of this Act if the period of service began theretofore, and
ii
in other respects on the same terms and conditions (excluding any terms or conditions relating to the employment) as those on which the licence, or the rent-free tenancy, as the case may be, was granted;
and those premises shall be deemed to be during the period of protection F2a dwelling-house F1let on a statutory assured tenancy if apart from this section they would not have been so.
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3
Subsection (1) of this section shall not have effect—
a
where the licence, or the rent-free tenancy, as the case may be, was granted in connection with the management of premises licensed for the sale of F4excisable liquor for consumption thereon, or
b
where the licence, or the rent-free tenancy, as the case may be, was granted pursuant to a contract which imposed on the grantor thereof an obligation to provide board for the service man and the dependant or dependants.
4
As regards the assumption of the granting of a tenancy which is to be made for the purposes of subsection (1) of this section in a case where the grant in question was of a licence, if the granting of such a tenancy would have been a subletting of the premises it shall not be treated for any purpose as constituting a breach of any covenant or agreement prohibiting of restricting subletting.
5
The subsistence of a Crown interest in the premises shall not affect the application of this section if the interest of the grantor of the licence, or the rent-free tenancy, as the case may be, is not a Crown interest.
6
In relation to a policeman service man this section shall have effect with the substitution of a reference to a grant to him, either by the relevant police authority or by another person under arrangements made by that authority with that person under arrangements made by that authority with that person, in consequence of the service man’s membership of the relevant police force, for the reference in subsection (1) to a grant to a service man by his employer in consequence of his employment.
Pt. II (ss. 14-25) modified (E.W.) by S.I. 1990/776, art. 5(2)(g)