Part II E+W+S Protection Against Insecurity of Tenure of Place of Residence

Modifications etc. (not altering text)

C1Pt. II (ss. 14-25) modified (E.W.) by S.I. 1990/776, art. 5(2)(g)

Protection during service other than short period of trainingE+W+S

22 Facilities for action on behalf of men serving abroad in proceedings as to tenancies.E+W

(1)Where in the course of any proceedings [F1brought under [F2Part I of the M1Protection from Eviction Act 1977] or under [F3Part III, IV, or VII of the M2Rent Act 1977][F4or under Part I of the Housing Act 1988], or of any proceedings consequential upon the making of a reference or application to a rent tribunal under [F5Part V of the Rent Act 1977 or Part I of the Housing Act 1988]], or under this Part of this Act, it appears to the court or tribunal—

(a)that the proceedings relate to a tenancy [F6or licence] vested in a service man;

(b)that a person other than the service man desires to take a step in the proceedings on behalf of the service man at a time when he is serving abroad, or has purported to take a step in the proceedings on his behalf at a time when he was so serving; and

(c)that the said person, in seeking or purporting to take that step, is or was acting in good faith in the interests of the service man, and is or was a fit person to take that step on his behalf, but is or was not duly authorised to do so,

the court or tribunal may direct that the said person shall be deemed to be, or to have been, duly authorised to take that step on behalf of the service man.

(2)The provisions of the preceding subsection apply in relation to the institution of proceedings before a court as they apply in relation to the taking of a step in such proceedings, and apply in relation to the making of a reference or application to a rent tribunal as they apply in relation to the taking of a step in proceedings consequential upon the making of such a reference or application; and references in that subsection to proceedings brought or a reference or application made as therein mentioned include references to proceedings which purport to be so brought or to a reference or application which purports to be so made, as the case may be.

(3)Where in the course of any proceedings a court or tribunal gives a direction under subsection (1) of this section, the person to whom the direction relates shall have the like right of audience in those proceedings as the service man himself would have.

[F7(3A)In relation to any proceedings before a rent officer or rent assessment committee, within the meaning of [F8the M3Rent Act 1977], subsections (1) to (3) of this section shall have effect as if the references to the court or tribunal included references to a rent officer or rent assessment committee.]

F9(4)—(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)References in this section to a time when a service man is serving abroad are references to a time when he is performing a period of relevant service and is outside the United Kingdom.

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F2Words substituted by Protection from Eviction Act 1977 (c. 43), Sch. 1 para. 1

F9S. 22(4)-(6) repealed (except in relation to a notice to quit an agricultural holding or part of an agricultural holding given before 7.4.1978) by Agricultural Holdings (Notices to Quit) Act 1977 (c. 12), s. 14, Sch. 2

Marginal Citations

22 Facilities for action on behalf of men serving abroad in proceedings as to tenancies.S

(1)Where in the course of any proceedings [F10brought under [F11the Rent (Scotland) Act 1984 or under Part II of the Housing (Scotland) Act 1988], or of any proceedings consequential upon making of a reference or application to a [F11rent assessment committee] under [F11Part VII of the said Act of 1984 or under Part II of the Housing (Scotland) Act 1988]], or under this Part of this Act, it appears to the court [F11or committee]—

(a)that the proceedings relate to a tenancy [F12or licence] vested in a service man;

(b)that a person other than the service man desires to take a step in the proceedings on behalf of the service man at a time when he is serving abroad, or has purported to take a step in the proceedings on his behalf at a time when he was so serving; and

(c)that the said person, in seeking or purporting to take that step, is or was acting in good faith in the interests of the service man, and is or was a fit person to take that step on his behalf, but is or was not duly authorised to do so,

the court or tribunal may direct that the said person shall be deemed to be, or to have been, duly authorised to take that step on behalf of the service man.

(2)The provisions of the preceding subsection apply in relation to the institution of proceedings in a court as they apply in relation to the taking of a step in such proceedings, and apply in relation to the making of a reference or application to a rent tribunal as they apply in relation to the taking a step in relation to the taking of a step in proceedings consequential upon the making of such a reference or application; and references in that subsection to proceedings brought or a reference or application made as therein mentioned include references to proceedings which purport to be so brought or to a reference or application which purports to be so made, as the case may be.

(3)Where in the course of any proceedings a court or tribunal gives a direction under subsection (1) of this section, the person to whom the direction relates shall have the like right of audience in those proceedings as the service man himself would have.

[F13(3A)In relation to any proceedings before a rent officer or rent assessment committee, within the meaning of the Rent (Scotland) Act [F141984], subsections (1) to (3) of this section shall have effect as if the references to the court or tribunal included references to a rent officer or rent assessment committee.]

(4)[F15The Secretary of State] may make regulations—

(a)for enabling a counter-notice under [F16section 22(1) of the Agricultural Holdings (Scotland) Act 1991], to be served on behalf of the service man at a time when he is serving abroad, in a case where a notice to quit is given to him as mentioned in subsection (1) of section twenty-one of this Act; and

(b)for enabling any act or proceedings consequential upon the service of a counter-notice under subsection (1) of the said section twenty-four to be performed of conducted on behalf of a service man at a time when he is serving abroad, either in such case as is mentioned in the preceding paragraph or in a case where subsection (5) of section twenty-five of this Act applies in relation to the service man.

(5)Regulations made under the last preceding subsection may contain such incidental and consequential provisions as may appear to [F15the Secretary of State] to be necessary or expedient for the purposes of the regulations.

(6)The power to make regulations under subsection (4) of this section shall be excersisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)References in this section to a time when a service man is serving abroad are references to a time when he is performing a period of relevant service and is outside the United Kingdom.

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F15Words substituted by virtue of s. 24(a) of this Act