Paragraph 3

Where no such certificate as is mentioned in paragraph 2 above has been issued, accommodation shall be deemed to be suitable for the purposes of paragraph (b) of Case A if it consists of either—

(a)

premises which are to be let as a separate dwelling such that they will then be let on a protected tenancy (within the meaning of the M1Rent Act 1977), or

(b)

premises to be let as a separate dwelling on terms which will afford to the tenant security of tenure reasonably equivalent to the security afforded by Part VII of that Act in the case of a protected tenancy, F1or

(c)

F2premises which are to be let as a separate dwelling such that they will then be let on an assured tenancy which is not an assured shorthold tenancy (construing those terms in accordance with Part I of the Housing Act 1988), or

premises which are to be let as a separate dwelling such that they will then be let on an assured tenancy (construing that term in accordance with Part 1 of the Housing Act 1988)—

(i)

by the person who was the landlord under the tenancy of the agricultural holding (“the former agricultural landlord”), or

(ii)

by another person pursuant to a contract or other agreement entered into with the former agricultural landlord under which—

(A)

the premises are to be let as suitable alternative accommodation for the purposes of paragraph (b) of case A, and

(B)

subsection (5ZA) of section 7 of that Act is to apply;

(d)

premises to be let as a separate dwelling on terms which will afford to the tenant security of tenure reasonably equivalent to the security afforded by Chapter I of Part I of that Act in the case of an assured tenancy which is not an assured shorthold tenancy.

premises which are to be let as a separate dwelling in any other case on terms which will afford to the tenant security of tenure reasonably equivalent to the security that would be afforded by Chapter 1 of Part 1 of that Act in a case within paragraph (c).

and the accommodation fulfils the conditions in paragraph 4 below.

F3(2)

F4Any reference in sub-paragraph (1) above to an assured tenancy does not include a reference to a tenancy in respect of which possession might be recovered on any of Grounds 1 to 5 in Schedule 2 to the Housing Act 1988.

Annotations

Textual amendments

F1: Sch. 3 Pt. II para. 3(c)(d) and the word “or” preceding inserted by Housing Act 1988 (c. 50, SIF 61), s. 140, Sch. 17 para. 69(1)
F2: Sch. 3 para. 3(1)(c)(d) substituted (1.5.2026 for specified purposes) by Renters’ Rights Act 2025 (c. 26), s. 145(1)(8), Sch. 2 para. 19(a) (with ss. 138, 146(1), Sch. 6 paras. 1, 3, 4, 16, 17); S.I. 2026/421, reg. 2(c)
F3: Sch. 3 Pt.II para.3(2) added by Housing Act 1988 (c. 50, SIF 61), s. 140, Sch. 17 para. 69(2)
F4: Sch. 3 para. 3(2) omitted (1.5.2026 for specified purposes) by virtue of Renters’ Rights Act 2025 (c. 26), s. 145(1)(8), Sch. 2 para. 19(b) (with ss. 138, 146(1), Sch. 6 paras. 1, 3, 4, 16, 17); S.I. 2026/421, reg. 2(c)

Marginal citations

M1: 1977 c. 42.