Section 553 — Housing Act 1985: Effect of repurchase on certain existing tenancies (England)

Effect of repurchase on certain existing tenancies (England) 553 1 Where an authority mentioned in section 80 (authorities satisfying the landlord condition for secure tenancy) acquire an interest in a defective dwelling in England in pursuance of Schedule 20 (repurchase) and—

a the land in which the interest subsists is or includes a dwelling-house occupied as a separate dwelling, and b the interest of the person entitled to assistance by way of repurchase is, immediately before the completion of the authority’s acquisition, subject to a tenancy of the dwelling-house, the tenancy shall not, on or after the acquisition, become a secure tenancy unless the conditions specified in subsection (2) are met.

2 The conditions are—

a that the tenancy was a protected tenancy throughout the period beginning with the making of an application for assistance under this Part in respect of the defective dwelling and ending immediately before the authority’s acquisition;

and or an assured tenancy b no notice was given in respect of the tenancy in accordance with any of Cases 11 to 18 and 20 in Schedule 15 to the Rent Act 1977 (notice that possession might be recovered under that Case) or under section 52(1)(b) of the Housing Act 1980 (notice that tenancy is to be a protected shorthold tenancy) or in accordance with any of Grounds 1, 3, 4 and 5 in Schedule 2 to the Housing Act 1988 (notice that possession might be recovered under that ground) . ... ;

and c the tenancy is not by virtue of any provision of Part I of the Housing Act 1988 an assured shorthold tenancy;