PART IPreliminary

Statutory tenancies

5No statutory tenancy where landlord's interest belongs to Crown or to local authority, etc.

(1)A person shall not at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would, at that time,—

(a)belong to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or to a Government department, or

(b)be held in trust for Her Majesty for the purposes of a Government department.

(2)A person shall not at any time be a statutory tenant of a dwelling-house if the interest of his immediate landlord would, at that time, belong to any of the bodies specified in subsection (3) below.

(3)The bodies referred to in subsection (2) above are—

(a)the council of a county or district or, in the application of this Act to the Isles of Scilly, the Council of those Isles;

(b)the Greater London Council, the council of a London borough or the Common Council of the City of London;

(c)the Commission for the New Towns;

(d)the Housing Corporation;

(e)a development corporation established by an order made, or having effect as if made, under the [1965 c. 59.] New Towns Act 1965; and

(f)a housing trust (as defined in section 5(3) of the [1968 c. 23.] Rent Act 1968) which is a charity within the meaning of the [1960 c. 58.] Charities Act 1960.

(4)If any of the conditions for the time being specified in section 5(6) of the Rent Act 1968 (conditions for the operation of the corresponding provision of that Act) is fulfilled, a person shall not be a statutory tenant of a dwelling-house at any time if the interest of his immediate landlord would, at that time, belong to a housing association within the meaning of the [1957 c. 56.] Housing Act 1957 and that association—

(a)is for the time being registered in the register of housing associations established under section 13 of the [1974 c. 44.] Housing Act 1974; or

(b)has made application, before 1st April 1975, for registration in that register, but the application has not been disposed of; or

(c)is for the time being specified in an order made by the Secretary of State under section 80 of the [1972 c. 47.] Housing Finance Act 1972 or paragraph 23 of Schedule 1 to the [1975 c. 6.] Housing Rents and Subsidies Act 1975 ; or

(d)is a society registered under the [1965 c. 12.] Industrial and Provident Societies Act 1965 and its rules restrict membership to persons who are tenants or prospective tenants of the association and preclude the granting or assignment of tenancies to persons other than members.