Housing and development

I134Further exemptions to section 33

1

Subsections (1) and (2) of section 33 do not apply where the condition of the dwelling-house or common parts that gave rise to the service of the relevant notice is due to a breach by the tenant of—

a

the duty to use the dwelling-house in a tenant-like manner, or

b

an express term of the tenancy to the same effect.

2

Subsections (1) and (2) of section 33 do not apply where at the time the section 21 notice is given the dwelling-house is genuinely on the market for sale.

3

For the purposes of subsection (2), a dwelling-house is not genuinely on the market for sale if, in particular, the landlord intends to sell the landlord's interest in the dwelling-house to—

a

a person associated with the landlord,

b

a business partner of the landlord,

c

a person associated with a business partner of the landlord, or

d

a business partner of a person associated with the landlord.

4

In subsection (3), references to a person who is associated with another person are to be read in accordance with section 178 of the Housing Act 1996.

5

For the purposes of subsection (3), a business partner of a person (“P”) is a person who is—

a

a director, secretary or other officer of a company of which P is also a director, secretary or other officer,

b

a director, secretary or other officer of a company in which P has a shareholding or other financial interest,

c

a person who has a shareholding or other financial interest in a company of which P is a director, secretary or other officer,

d

an employee of P,

e

a person by whom P is employed, or

f

a partner of a partnership of which P is also a partner.

6

Subsections (1) and (2) of section 33 do not apply where the landlord is a private registered provider of social housing.

7

Subsections (1) and (2) of section 33 do not apply where—

a

the dwelling-house is subject to a mortgage granted before the beginning of the tenancy,

b

the mortgagee is entitled to exercise a power of sale conferred on the mortgagee by the mortgage or by section 101 of the Law of Property Act 1925, and

c

at the time the section 21 notice is given the mortgagee requires possession of the dwelling-house for the purpose of disposing of it with vacant possession in exercise of that power.

8

In subsection (7)—

a

mortgage” includes a charge, and

b

mortgagee” includes a receiver appointed by the mortgagee under the terms of the mortgage or in accordance with the Law of Property Act 1925.