4[F1(1)]Where no such certificate as is mentioned in [F2paragraph 3] above is produced to the court, accommodation shall be deemed to be suitable for the purposes of section 98(1)(a) of this Act if it consists of either—E+W
(a)premises which are to be let as a separate dwelling such that they will then be let on a protected tenancy [F3other than one under which the landlord might recover possession of the dwelling-house under one of the cases in Part II of this Schedule)], or
(b)premises 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, [F3or a kind mentioned in paragraph (a) above],
and, in the opinion of the court, the accommodation fulfils the relevant conditions as defined in paragraph 5 below.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
Textual Amendments
F1Sch. 15 Pt. IV para. 4 renumbered as sub–paragraph (1) of that paragraph and after it a new sub–paragraph (2) inserted (the said paragraph 4(2) was repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(2), Sch. 18) by Housing and Planning Act 1986 (c. 63, SIF 75:3), s. 13(2)
F2Words substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 58
F3Words inserted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 58