Part II E+W+S Protection Against Insecurity of Tenure of Place of Residence

Modifications etc. (not altering text)

C1Pt. II (ss. 14-25) modified (E.W.) by S.I. 1990/776, art. 5(2)(g)

Protection during service other than short period of trainingE+W+S

20 Modifications of Rent Acts as respects occupation by employees.E+W

(1)Where the carrying out of duties connected with an employment which a service man had before beginning a period of relevant service (or, in the case of a policeman service man, the carrying out of his police duties) constitutes an obligation of a tenancy, and his performing that service prevents his carrying out those duties, the fact that he does not carry them out shall not be treated for the purposes of [F1Case 1 in [F2Schedule 15 to the M1Rent Act 1977]] [F3or Ground 12 in Schedule 2 to the Housing Act 1988] (which relates to recovery of possession where an obligation of a tenancy has been broken or not performed) [F4or the ground in section 157 of the Renting Homes (Wales) Act 2016 (anaw 1) (which relates to breach of contract)] as a breach or non-performance of the obligation.

(2)[F5Case 8 in the said Schedule 15] [F6or, as the case may be, Ground 16 in the said Schedule 2] (which relates to recovery of possession, without proof of suitable alternative accommodation, in circumstances connected with occupation by employees) shall not apply for the purposes of the proceedings on an application for possession of premises made at any time during a service man’s period of residence protection (as defined in section fourteen of this Act) if either—

(a)the premises are a rented family residence of his as defined in that section; or

[F7(b)Chapter I of Part I of the Housing Act 1988 applies in relation to the premises as mentioned in section 18(1) of this Act and a dependant or dependants of the service man is or are living in the premises or in part thereof in right of the statutory periodic tenancy or assured tenancy referred to in section 19(a) of this Act]

(3)Where the last preceding subsection has effect as to an application for possession, the circumstances specified in [F8the Cases in Part I of the said [F9Schedule 15]] [F10or, as the case may be, Grounds 10 to 16 in Part II of the said Schedule 2] in which the court has power to make or give an order or judgment for the recovery of possession without proof of suitable alternative accommodation shall include the circumstances specified in either of the following paragraphs, that is to say—

(a)that the landlord is a body who are statutory undertakers or a local authority or development corporation having public utility functions, and that the premises are required by that body in the public interest for occupation as a residence for some person who is engaged in their whole-time employment in connection with their public utility functions or with whom, conditional on housing accommodation being provided, a contract for such employment has been entered into;

(b)where the last preceding subsection has effect by virtue of paragraph (b) thereof and the service man in question is a policeman service man, that the premises are required by the [F11relevant local policing body or] relevant police authority for occupation as a residence by a member of the police force in question:

Provided that, where the court is satisfied that circumstances exist such as are specified in paragraph (a) of this subsection, the matters relevant for the court in determining under [F12section 98(1) of the M2Rent Act 1977] [F13or, as the case may be, section 7(4) of the Housing Act 1988] whether it is reasonable to make or give such an order or judgment shall (without prejudice to the generality of that subsection) include the question whether the body seeking the order or judgment have at their disposal any vacant accommodation which would be suitable alternative accommodation for the tenant, or will have such accommodation at their disposal at or before the time when it is proposed that the order or judgment should take effect.

(4)In the last preceding subsection the expressions “statutory undertakers” and “local authority” have the same meanings as in [F14the M3Town and Country Planning Act, 1971], the expression “development corporation” has the same meaning as in [F15the M4New Towns Act 1965], and the expression “public utility functions” means powers or duties conferred or imposed by or under any enactment being powers or duties to carry on a statutory undertaking (as defined in [F16the said Act of 1971]) [F17or being powers or duties of an internal drainage board].

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F15Words substituted by virtue of New Towns Act 1965 (c. 59), Sch. 11 para. 5(1)

Modifications etc. (not altering text)

Marginal Citations

20 Modifications of Rent Acts as respects occupation by employees.S

(1)Where the carrying out of duties connected with an employment which a service man had before beginning a period of relevant service (or, in the case of a policeman service man, the carrying out of his police duties) constitutes an obligation of a tenancy, and his performing that service prevents his carrying out those duties, the fact that he does not carry them out shall not be treated for the purposes of [F18Case 1 in [F19Schedule 2] to the Rent (Scotland) Act [F191984]] [F20or Ground 13 in Schedule 5 to the Housing (Scotland) Act 1988] (which relates to recovery of possession where an obligation of a tenancy has been broken or not performed) as a breach or non-performance of the obligation.

(2)[F18Case 7 in the said [F19Schedule 2]] [F21or, as the case may be, Ground 17 in the said Schedule 5] (which relates to recovery of possession, without proof of suitable alternative accommodation, in circumstances connected with occupation by employees) shall not apply for the purposes of the proceedings on an application for possession of premises made at any time during a service man’s period of residence protection (as defined in section fourteen of this Act) if either—

(a)the premises are a rented family residence of his as defined in that section; or

[F22(b)sections 12 to 31 of the Housing (Scotland) Act 1988 apply in relation to the premises as mentioned in section 18(1) of this Act and a dependant or dependants of the service man is or are living in the premises or in part thereof in right of the statutory assured tenancy or assured tenancy referred to in paragraph (a) of section 19 of this Act]

(3)Where the last preceding subsection has effect as to an application for possession, the circumstances specified in [F18the Cases in Part I of the said [F19Schedule 2]] [F23or, as the case may be, Grounds 10 to 17 in Part II of the said Schedule 5] in which the court has power to make or give an order or judgment for the recovery of possession without proof of suitable alternative accommodation shall include the circumstances specified in either of the following paragraphs, that is to say—

(a)that the landlord is a body who are statutory undertakers of a local authority or development corporation having public utility functions, and that the premises are required by that body in the public interest for occupation as a residence for some person who is engaged in their whole-time employment in connection with their public utility functions or with whom, conditional on housing accommodation being provided, a contract for such employment has been entered into;

(b)where the last preceding subsection has effect by virtue of paragraph (b) thereof and the service man in question is a policeman service man, that the premises are required by the [F11relevant local policing body or] relevant police authority for occupation as a residence by a member of the police force in question:

Provided that, where the court is satisfied that circumstances exist such as are specified in paragraph (a) of this subsection, the matters relevant for the court in determining under [F18[F19section 11(1)] of the Rent (Scotland) Act M5[F191984]] [F24or, as the case may be, section 18(4) of the Housing (Scotland) Act 1988] whether it is reasonable to make or give such an order or judgment shall (without prejudice to the generality of that subsection) include the question whether the body seeking the order or judgment have at their disposal any vacant accommodation which would be suitable alternative accommodation for the tenant, or will have such accommodation at their disposal at or before the time when it is proposed that the order or judgment should take effect.

(4)In the last preceding subsection the expressions “statutory undertakers” and “local authority” have the same meaning as in [F25the Town and Country Planning (Scotland) Act M61972], the expression “development corporation” has the same meaning as in [F26the New Towns (Scotland) Act M71968], and the expression “public utility functions” means powers or duties conferred or imposed by or under any enactment being powers or duties to carry on a statutory undertaking (as defined in [F25the said Act of 1972]) or to provide public sewers or provide for the disposal of sewage, F27. . .

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F24Words inserted after “section 11 of the Rent (Scotland) Act 1984” by Housing Act 1988 (c. 50, SIF 75:1), s. 140(1), Sch. 17 para. 10(4)(b)

F25Words substituted by virtue of s. 24(d) of this Act

F27Words do not extend to Scotland

Marginal Citations