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Housing Act 1974

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This is the original version (as it was originally enacted).

2(1)In this paragraph " the occupier", in relation to any premises, means the person remaining in occupation and in residence as mentioned in paragraph 1(1)(d) above and "the owner", in relation to any premises, means the person who, as against the occupier, is entitled to possession thereof ; and the following provisions of this paragraph shall have effect subject to paragraph 3 below.

(2)Without prejudice to any power of the court apart from this Part of this Schedule to postpone the operation or suspend the execution of an order for possession, if in proceedings by the owner against the occupier of any premises the court makes, or has before the passing of this Act made, an order for possession the court may suspend the execution of the order for such period, not exceeding 12 months from the date of the order, as the court thinks reasonable.

(3)Where the court by virtue of this paragraph suspends the execution of an order for possession of any premises it may authorise the withdrawal from the occupier of any specified services or furniture and impose such terms and conditions, including conditions as to the payment by the occupier of arrears of rent, rent or mesne profits and otherwise, as the court thinks reasonable.

(4)The court may from time to time vary the period of suspension or terminate it and may vary any terms or conditions imposed by virtue of this paragraph, but shall not extend the period of suspension beyond the end of 12 months from the date of the order for possession.

(5)In considering whether or how to exercise its powers under this paragraph the court shall have regard to all the circumstances and, in particular, to the following, namely,—

(a)whether the occupier has failed (whether before or after the termination of the former tenancy) to observe any terms or conditions thereof;

(b)whether he has unreasonably refused an offer of a tenancy of the premises or part of them for a reasonable term ; and

(c)whether greater hardship would be caused by the suspension of the execution of the order for possession than by its execution without suspension or further suspension.

(6)Where in proceedings for the recovery of possession of any premises the court makes an order for possession but suspends the execution of the order by virtue of sub-paragraph (2) above it shall make no order for costs, unless it appears to the court, having regard to the conduct of the owner or of the occupier, that there are special reasons for making such an order.

(7)In the application of this paragraph to Scotland—

(a)for any reference to an order for possession there shall be substituted a reference to a decree of removing or warrant of ejection,

(b)for the reference to mesne profits there shall be substituted a reference to damages arising from unlawful possession, and

(c)for the reference to costs there shall be substituted a reference to expenses.

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