Part V

Conduct of tenants
Chapter I

Introductory Tenancies : England

Proceedings for possession

Effect of beginning proceedings for possession.
130
1
This section applies where the landlord has begun proceedings for the possession of a dwelling-house let under an introductory tenancy and—
a
the trial period ends, or
b
any of the events specified in section 125(5) occurs (events on which a tenancy ceases to be an introductory tenancy).
2
Subject to the following provisions, the tenancy remains an introductory tenancy until—
a
the tenancy comes to an end in accordance with section 127(1A) , or
b
the proceedings are otherwise finally determined.
3
If any of the events specified in section 125(5)(b) to (d) occurs, the tenancy shall thereupon cease to be an introductory tenancy but—
a
the landlord (or, as the case may be, the new landlord) may continue the proceedings, and
b
if he does so, section 127(1A) and (2) (termination by landlord) apply as if the tenancy had remained an introductory tenancy.
4
Where in accordance with subsection (3) a tenancy ceases to be an introductory tenancy and becomes a secure tenancy, the tenant is not entitled to exercise the right to buy under Part V of the Housing Act 1985 unless and until the proceedings are finally determined on terms such that he is not required to give up possession of the dwelling-house.
5
For the purposes of this section proceedings shall be treated as finally determined if they are withdrawn or any appeal is abandoned or the time for appealing expires without an appeal being brought.
1985 c. 68.
Words in s. 130(2)(a) substituted (20.5.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 11 para. 12(2) (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3
Words in s. 130(3)(b) substituted (20.5.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 11 para. 12(3) (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3
Word in Pt. 5 Ch. 1 heading inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 25(3) (with savings and transitional provisions in S.I. 2022/1172, regs. 4-7, 19)