Housing Act 1996

[F1143GEffect of proceedings for possessionE+W

(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(a)they are withdrawn;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.]

Textual Amendments

F1Pt. 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)