Housing Act 1985

553Effect of repurchase on certain existing tenancies.

(1)Where an authority mentioned in section 80 (authorities satisfying the landlord condition for secure tenancy) acquire an interest in a defective dwelling in pursuance of Schedule 20 (repurchase) and—

(a)the land in which the interest subsists is or includes a dwelling-house occupied as a separate dwelling, and

(b)the interest of the person entitled to assistance by way of repurchase is, immediately before the completion of the authority’s acquisition, subject to a tenancy of the dwelling-house,

the tenancy shall not, on or after the acquisition, become a secure tenancy unless the conditions specified in subsection (2) are met.

(2)The conditions are—

(a)that the tenancy was a protected tenancy throughout the period beginning with the making of an application for assistance under this Part in respect of the defective dwelling and ending immediately before the authority’s acquisition; and

(b)no notice was given in respect of the tenancy in accordance with any of Cases 11 to 18 and 20 in Schedule 15 to the [1977 c. 42.] Rent Act 1977 (notice that possession might be recovered under that Case) or under section 52(1)(b) of the [1980 c. 51.] Housing Act 1980 (notice that tenancy is to be a protected shorthold tenancy).