Part V Conduct of tenants

F1Chapter 1A

Annotations:
Amendments (Textual)
F1

Pt. 5 Ch. 1A inserted (30.6.2004 for E., 30.9.2004 for W. for specified purposes, 30.4.2005 for W. so far as not already in force) by Anti Social Behaviour Act 2003 (c. 38), s. 93, Sch. 1 para. 1; S.I. 2004/1502, art. 2(a)(iii); S.I. 2004/2557, art. 2(a)(ii); S.I. 2005/1225, art. 2(b)

F1Proceedings for possession

Effect of proceedings for possession

143GEffect of proceedings for possession

1

This section applies if the landlord has begun proceedings for the possession of a dwelling-house let under a demoted tenancy and—

a

the demotion period ends, or

b

any of paragraphs (a) to (c) of section 143B(2) applies (circumstances in which a tenancy ceases to be a demoted tenancy).

2

If any of paragraphs (a) to (c) of section 143B(2) applies the tenancy ceases to be a demoted tenancy but the landlord (or the new landlord as the case may be) may continue the proceedings.

3

Subsection (4) applies if in accordance with subsection (2) a tenancy ceases to be a demoted tenancy and becomes a secure tenancy.

4

The tenant is not entitled to exercise the right to buy unless—

a

the proceedings are finally determined, and

b

he is not required to give up possession of the dwelling-house.

5

The proceedings must be treated as finally determined if—

a

they are withdrawn;

b

any appeal is abandoned;

c

the time for appealing expires without an appeal being brought.