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Entitlement.

3.—(1) Subject to and in accordance with the following provisions of these Regulations, in the cases described by section 99A(1) a qualifying person(1) is entitled to be paid compensation by his landlord in respect of a qualifying improvement at the time when his tenancy comes to an end(2).

(2) Paragraph (1) shall not apply where—

(a)the compensation which would otherwise be payable would be less than £50; or

(b)the tenancy comes to an end because

(i)in order for possession was made on any of the grounds in Part I of Schedule 2;

(ii)the right to buy or the right to acquire on rent to mortgage terms in Part V of the Housing Act 1985 has been exercised;

(iii)the dwelling-house has been disposed of to the tenant or one of the joint tenants under section 32(3) or 43(4); or

(iv)a new tenancy of the same, or substantially the same, dwelling-house has been granted to the qualifying person (or, in the case of a joint tenancy, to all of the joint tenants) whether or not with anyone else.

(1)

See section 99B of the Housing Act 1985, inserted by section 122 of the Leasehold Reform, Housing and Urban Development Act 1993.

(2)

See section 99A(8) of the Housing Act 1985 for cases where a tenancy is treated as coming to an end.

(3)

Section 32 was amended by Schedule 17, paragraph 38, to the Housing Act 1988 (c. 50).

(4)

Section 43 was amended by section 132(2) and Schedule 17, paragraph 39, to the Housing Act 1988 and by Schedule 12 to the Local Government and Housing Act 1989 (c. 42).