1E+WThe court is satisfied that suitable alternative accommodation is available for the tenant, or will be available for him when the order for possession takes effect.
2E+WAccommodation shall be deemed suitable in this Case if it consists of—
(a)premises which are to be let as a separate dwelling such that they will then be let on a protected tenancy, or
(b)premises which are to be let as a separate dwelling on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by Part VII of this Act in the case of a protected tenancy,
and, in the opinion of the court, the accommodation fulfils the conditions in paragraph 3 below.
3(1)The accommodation must be reasonably suitable to the needs of the tenant and his family as regards proximity to place of work and either—E+W
(a)similar as regards rental and extent to the accommodation afforded by dwelling-houses provided in the neighbourhood by [F1the local housing authority] for persons whose needs as regards extent are similar to those of the tenant and his family, or
(b)reasonably suitable to the means of the tenant, and to the needs of the tenant and his family as regards extent and character.
(2)For the purposes of sub-paragraph (1)(a) above, a certificate of [F1the local housing authority] stating—
(a)the extent of the accommodation afforded by dwelling-houses provided by the authority to meet the needs of tenants with families of each number as may be specified in the certificate, and
(b)the amount of the rent charged by [F1the local housing authority] for dwelling-houses affording accommodation of that extent,
shall be conclusive evidence of the facts so stated.
(3)If any furniture was provided by the landlord for use under the tenancy, furniture must be provided for use in the alternative accommodation which is either similar, or is reasonably suitable to the needs of the tenant and his family.
Textual Amendments
F1Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(12)(a)
4E+WAccommodation shall not be deemed to be suitable to the needs of the tenant and his family if the result of their occupation of the accommodation would be that it would be an overcrowded dwelling-house for the purposes of [F2Part X of the Housing Act 1985].
Textual Amendments
F2Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(12)(b)
5E+WAny document purporting to be a certificate of [F3the local housing authority] issued for the purposes of this Case and to be signed by the proper officer of the authority shall be received in evidence and, unless the contrary is shown, shall be deemed to be such a certificate without further proof.
Textual Amendments
F3Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(12)(a)
6E+WIn this Case no account shall be taken of accommodation as respects which an offer has been made, or notice has been given, as mentioned in paragraph 1 of Case II below.
[F47E+WIn this Case and in Case II below “the local housing authority” has the same meaning as in the Housing Act 1985.]
Textual Amendments
F4Sch. 16 CASE I para. 7 substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(12)(c)