Rent (Agriculture) Act 1976

Section 10A tenancy: order for possession before operative date E+W

6 (1) This paragraph applies to a dwelling-house which is let on or subject to a tenancy which is a protected or statutory tenancy for the purposes of the Rent Act 1968 and which— E+W

(a) if it were a tenancy at a low rent, and

(b) if (where relevant) any earlier tenancy granted to the tenant, or to a member of his family, had been a tenancy at a low rent,

would be a protected occupancy or statutory tenancy (that is to say a tenancy to which section 10A of that Act, inserted by this Act, applies).

(2) Where—

(a) before the operative date a court has made an order for possession of the dwelling-house, and

(b) the order has not been executed, and

(c) the order was made under Case 7, 12, 13 or 14 of Schedule 3 to the M1 Rent Act 1968,

the court shall on the application of the person against whom the order was made rescind the order, or vary it in such manner as the court thinks fit for the purposes of giving effect to the said section 10A.

(3) If proceedings for an order for possession of a dwelling-house are pending on the operative date, the said section 10A shall apply to the proceedings as it would apply to proceedings commenced on the operative date.

Marginal Citations

M1 1968 c. 23.