Housing Act 1980
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Change 1
SCHEDULE 9 Provisions Supplementing Section 74
1 Paragraphs 2 to 6 below apply to any tenancy which was a protected or statutory tenancy but which, by virtue of the landlord becoming a “housing trust” within the meaning of section 15 of the 1977 Act, has ceased to be such a tenancy. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Registration of a rent, or of a different rent, for the dwelling-house shall be effected in pursuance of section 87 of the 1977 Act; but until such time as a rent is so registered— (a) the rent recoverable under the tenancy; and (b) where a rent was registered for the dwelling-house under Part IV of the 1977 Act, the time at which an application for a different registered rent may be made; shall be determined as if the tenancy had continued to be a regulated tenancy. 4 If the tenant was a successor within the meaning of Schedule 1 to the 1977 Act he shall not be treated as a successor for the purposes of Part IV of the Housing Act 1985 (secure tenancies). 5 Section 83 or 83ZA of the Housing Act 1985 (notice of proceedings for possession) does not apply in any case where proceedings for possession were begun before the tenancy ceased to be a protected or statutory tenancy; but in such a case the court shall allow the parties to take such steps in relation to the proceedings as it considers appropriate in consequence of the tenancy becoming a secure tenancy. 6 (1) This paragraph applies in any case where— (a) the tenant died before the date on which the tenancy ceased to be a protected or statutory tenancy; and (b) there was then more than one member of his family entitled to succeed him as statutory tenant but no decision had, by that date, been reached as to which of them was to succeed. (2) In a case to which this paragraph applies, the person who is to be the secure tenant of the dwelling-house on the tenancy becoming a secure tenancy shall be selected by the landlord from among those mentioned in sub-paragraph (1)(b) above notwithstanding that the question may have been referred to the county court in accordance with paragraph 1(7) of Schedule 1 to the 1977 Act.
SCHEDULE 9 Provisions Supplementing Section 74
1 Paragraphs 2 to 6 below apply to any tenancy which was a protected or statutory tenancy but which, by virtue of the landlord becoming a “housing trust” within the meaning of section 15 of the 1977 Act, has ceased to be such a tenancy. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Registration of a rent, or of a different rent, for the dwelling-house shall be effected in pursuance of section 87 of the 1977 Act; but until such time as a rent is so registered— (a) the rent recoverable under the tenancy; and (b) where a rent was registered for the dwelling-house under Part IV of the 1977 Act, the time at which an application for a different registered rent may be made; shall be determined as if the tenancy had continued to be a regulated tenancy. 4 If the tenant was a successor within the meaning of Schedule 1 to the 1977 Act he shall not be treated as a successor for the purposes of Part IV of the Housing Act 1985 (secure tenancies). 5 Section 83 or 83ZA of the Housing Act 1985 (notice of proceedings for possession) does not apply in any case where proceedings for possession were begun before the tenancy ceased to be a protected or statutory tenancy; but in such a case the court shall allow the parties to take such steps in relation to the proceedings as it considers appropriate in consequence of the tenancy becoming a secure tenancy. 6 (1) This paragraph applies in any case where— (a) the tenant died before the date on which the tenancy ceased to be a protected or statutory tenancy; and (b) there was then more than one member of his family entitled to succeed him as statutory tenant but no decision had, by that date, been reached as to which of them was to succeed. (2) In a case to which this paragraph applies, the person who is to be the secure tenant of the dwelling-house on the tenancy becoming a secure tenancy shall be selected by the landlord from among those mentioned in sub-paragraph (1)(b) above notwithstanding that the question may have been referred to the county court in accordance with paragraph 1(7) of Schedule 1 to the 1977 Act.
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