(1)Subject to subsection (2) below, a tenancy of a dwelling-house granted on or after 14th August 1974 shall not be a protected tenancy at any time if—
[F1(a)the dwelling-house forms part only of a building and, except in a case where the dwelling-house also forms part of a flat, the building is not a purpose-built block of flats, and
(b)the tenancy was granted by a person who, at the time when he granted it, occupied as his residence another dwelling-house which—
(i)in the case mentioned in paragraph (a) above, also forms part of the flat; or
(ii)in any other case, also forms part of the building; and
(c)subject to paragraph 1 of Schedule 2 to this Act, at all times since the tenancy was granted the interest of the landlord under the tenancy has belonged to a person who, at the time he owned that interest, occupied as his residence another dwelling-house which—
(i)in the case mentioned in paragraph (a) above, also formed part of the flat; or
(ii)in any other case, also formed part of the building.]
[F2(2)This section does not apply to a tenancy of a dwelling-house which forms part of a building if the tenancy is granted to a person who, immediately before it was granted, was a protected or statutory tenant of that dwelling-house or of any other dwelling-house in that building.]
(3)For the purposes of subsection (2) above, a tenancy shall be treated as being for a term of years certain notwithstanding that it is liable to determination by re-entry or on the happening of any event other than the giving of notice by the landlord to determine the term.
(4)Schedule 2 to this Act shall have effect for the purpose of supplementing this section.
Textual Amendments
F1S. 12(1)(a)–(c) substituted by Housing Act 1980 (c. 51, SIF 61), s. 65(1)
F2S. 12(2) substituted for s. 12(2)(3) with saving by Housing Act 1980 (c. 51, SIF 61), s. 69(4), Sch. 25 Pt. II para. 67