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Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

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This is the original version (as it was originally enacted).

17Provisions supplementary to section sixteen in case of rented premises which include accommodation shared otherwise than with the landlord

(1)Where at any time during a service man's period of residence protection a tenancy qualifying for protection ends as mentioned in paragraph (a) of subsection (1) of the last preceding section, and immediately before the ending of the tenancy—

(a)the tenant under the terms of the tenancy had the exclusive occupation of some accommodation (in this section referred to as " the separate accommodation ") and had the use of other accommodation in common with another person or other persons, not being or including the landlord, but

(b)by reason only of such circumstances as are mentioned in subsection (2) of the last preceding section subsection (1) of section eight of the Rent Act of 1949 (which applies the Rent Restrictions Acts to accommodation of which a tenant has the exclusive occupation where under the terms of the tenancy he shares other accommodation with other persons but not with his landlord) did not have effect as respects the separate accommodation,

then subject to the next succeeding subsection the said section eight shall during the remainder of the period of protection apply in relation to the separate accommodation as if the circumstances referred to in paragraph (b) of this subsection did not exist, and had not existed immediately before the ending of the tenancy.

(2)As regards any period during which the said section eight applies as mentioned in the last preceding subsection—

(a)if the said circumstances did not include the circumstances mentioned in paragraph (e) of subsection (2) of the last preceding section, the standard rent of the separate accommodation shall be the rent payable in respect of the tenancy immediately before its ending, and section one of the Rent Act of 1949 shall not apply;

(b)if the said circumstances did include the circumstances mentioned in the said paragraph (e), then for ascertaining the standard rent of the separate accommodation the provisions of subsections (5) to (8) of the last preceding section shall apply with the necessary modifications.

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