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Part IIE+W Security of Tenure

Protected occupancies and statutory tenanciesE+W

6 Grounds for possession.E+W

(1)A court shall not make an order for possession of a dwelling-house subject to a protected occupancy or statutory tenancy except in the Cases in Schedule 4 to this Act.

(2)A landlord who obtains an order for possession of a dwelling-house as against a statutory tenant shall not be required to give to the statutory tenant any notice to quit.

(3)Where in Case IX in the said Schedule a landlord obtains an order for possession of the dwelling-house, and it is subsequently made to appear to the court that the order was obtained by misrepresentation or concealment of material facts, the court may order the landlord to pay to the former tenant such sum as appears sufficient as compensation for damage or loss sustained by the tenant as a result of the order.

(4)In subsection (3) above and in Schedule 4 to this Act “tenant” means a protected occupier or a statutory tenant.

(5)Section 7 below has effect as regards the Cases in Part I of the said Schedule.

(6)If, apart from subsection (1) above, the landlord would be entitled to recover possession of a dwelling-house subject to a protected occupancy or statutory tenancy, the court shall make an order for possession if the circumstances of the case are as specified in any of the Cases in Part II of the said Schedule.