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Rent Act 1977

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SCHEDULES

SCHEDULE 15E+W Grounds for Possession of Dwelling-Houses Let on or Subject to Protected or Statutory Tenancies

Part IIE+W Cases in Which Court Must Order Possession Where Dwelling-House Subject to Regulated Tenancy

Case 11E+W

[F1Where a person (in this Case referred to as “the owner-occupier”) who let the dwelling-house on a regulated tenancy had, at any time before the letting, occupied it as his residence] and—

(a)not later than the relevant date the landlord gave notice in writing to the tenant that possession might be recovered under this Case, and

(b)the dwelling-house has not, since—

(i)22nd March 1973, in the case of a tenancy which became a regulated tenancy by virtue of section 14 of the M1Counter-Inflation Act 1973;

(ii)14th August 1974, in the case of a regulated furnished tenancy; or

(iii)8th December 1965, in the case of any other tenancy,

been let by the owner-occupier on a protected tenancy with respect to which the condition mentioned in paragraph (a) above was not satisfied, and

[F2(c)the court is of the opinion that, of the conditions set out in Part V of this Schedule one of those in paragraphs (a) and (c) to (f) is satisfied.]

If the court is of the opinion that, notwithstanding that the condition in paragraph (a) or (b) above is not complied with, it is just and equitable to make and order for possession of the dwelling-house, the court may dispense with the requirements of either or both of those paragraphs, as the case may require.

The giving of a notice before 14th August 1974 under section 79 of the M2Rent Act 1968 shall be treated, in the case of a regulated furnished tenancy, as compliance with paragraph (a) of this case. [F3Where the dwelling-house has been let by the owner-occupier on a protected tenancy (in this paragraph referred to as “the earlier tenancy”) granted on or after 16th November 1984 but not later than the end of the period of two months beginning with the commencement of the Rent (Amendment) Act 1985 and either—

(i)

the earlier tenancy was granted for a term certain (whether or not to be followed by a further term or to continue thereafter from year to year or some other period) and was during that term a protected shorthold tenancy as defined in section 52 of the Housing Act M31980, or

(ii)

the conditions mentioned in paragraphs ( a ) to ( c ) of Case 20 were satisfied with respect to the dwelling-house and the earlier tenancy,

then for the purposes of paragraph (b) above the condition in paragraph (a) above is to be treated as having been satisfied with respect to the earlier tenancy.]

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Amendments (Textual)

F1Sch. 15 Pt.IICase 11: Words from “Where” to “residence” substituted for words from the beginning to “tenancy” by Rent (Amendment) Act 1985 (c. 24, SIF 75:3, 4), s. 1(1)(4)

F2Case 11 para. (c) substituted with saving by Housing Act 1980 (c. 51, SIF 61), s. 66(1)(5)(6)

F3Sch. 15 Pt.IICase 11: Words added at the end by Rent (Amendment) Act 1985 (c. 24, SIF 75:3, 4) s. 1(2)(4)

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