Part II E+W+S Protection Against Insecurity of Tenure of Place of Residence

Protection during service other than short period of trainingE+W+S

15X1Protection of tenure of furnished, and certain other, rented premises, by extension of the Furnished Houses (Rent Control) Act.E+W

(1)Subject to subsection (2) of the last preceding section, where at any time during a service man’s period of residence protection.

(a)the rented family residence is let under the tenancy qualifying for protection either on such terms as are mentioned in [F1section 19(2) of the M1Rent Act 1977 (which relates to premises let in consideration of a rent which includes payment for the use of furniture or for services) or on terms of sharing with the lessor, and

(b)a notice to quit has been served by the lessor on the lessee (whether after or before the beginning of the period of protection) and the notice has not expired, but

[F2(c)the condition specified in subsection 1(b) of [F3section 104 of the Rent Act 1977] is not fulfilled, F4the said section 104] shall apply in relation to the notice to quit as if that condition had been fulfilled as to the contract under which that tenancy subsists.]

[F5(1A)This section does not apply in relation to any tenancy entered into after the commencement of section 69(2) of the M2Housing Act 1980.]

(2)The reference in paragraph (a) of the preceding subsection to a letting on terms of sharing with the lessor is a reference to a letting under which—

(a)the lessee has the exclusive occupation of some accommodation (in this subsection referred to as “the separate accommodation”);

(b)he has the use of other accommodation in common with the lessor or with the lessor and other persons; and

(c)the accommodation mentioned in the last preceding paragraph is or includes accommodation of such a nature that the circumstance specified in that paragraph is sufficient to prevent the separate accommodation from being a dwelling-house [F6let on or subject to a protected tenancy or statutory tenancy within the meaning of the Rent Act 1977], whether apart from that circumstance it would be such a dwelling-house or not.

(3)[F7The subsistence of a Crown interest in premises shall not affect the operation of this section], if the reversion immediately expectant on the tenancy in question is not a Crown interest, [F8but nothing in this subsection shall be construed as excluding the operation of this Part of this Act in cases where there subsists a Crown interest not being the reversion immediately expectant on the tenancy in question.]

(4)References in the said [F9section 104] to that section shall be construed as including references to the preceding provisions of this section and to the said [F10section 104] as extended by those provisions.

(5)Nothing in the preceding provisions of this section shall be construed as rendering the said [F11section 104] applicable in a case in which the contract under which the tenancy in question subsists is excluded from [F12being a restricted contract (within the meaning of the M3Rent Act 1977) by paragraph 17 of Schedule 24 to that Act.]

15X2Protection of tenure or furnished and certain other, rented premises, by extension of the Furnished Houses (Rent Control) Act.S

(1)Subject to subsection (2) of the last preceding section, where at any time during a service man’s period of residence protection,

(a)the rented family residence is let under the tenancy qualifying for protection either on such terms as are mentioned in [F13section [F1463(1)] of the Rent (Scotland) Act [F141984]] (which relates to premises let in consideration of a rent which includes payment for the use of furniture or for services) or on terms of sharing with the lessor, and

(b)a notice to quit has been served by the lessor on the lessee (whether after of before the beginning of the period of protection) and the notice has not expired, but

[F15(c)the condition specified in subsection (1)(b) of section [F1472] of the Rent (Scotland) Act [F141984] is not fulfilled,

the said section [F1472] shall apply in relation to the notice to quit as if that condition had been fulfilled as to the contract under which that tenancy subsists.]

[F16(1A)This section does not apply in relation to any tenancy entered into [F17on or after 1st December 1980].]

(2)The reference in paragraph (a) of the preceding subsection to a letting on terms of sharing with the lessor is a reference to a letting under which—

(a)the lessee has the exclusive occupation of some accomadation (in this subsection referred to as “the seperate accommodation”);

(b)he has the use of other accommodation in common with the lessor or with the lessor and other persons; and

(c)the accommodation mentioned in the last preceding paragraph is or includes accommodation of such a nature that the circumstance specified in that paragraph is sufficient to prevent the seperate accommodation from being [F18a dwelling-house subject to a statutory tenancy within the meaning of the Rent (Scotland) Act [F141984]], whether apart from that circumstance it would be such a dwelling-house or not.

[F19(3)The subsistence of a Crown interest in premises shall not affect the operation of this section if the interest of the immediate landlord of the tenant under the tenancy in question is not a Crown interest; but nothing in this subsection shall be construed as excluding the operation of this Part of this Act in cases where there subsists a Crown interest not being the interest of the immediate landlord of the tenant under the tenancy in question.]

(4)References in the said [F20section [F1472]] to that section shall be construed as including references to the preceding provisions of this section and to the said [F20section [F1472]] as extended by those provisions.

F21(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .