Paragraph 1

England and Wales

For the purposes of section 84(2)(b) and (c) (case in which court is not to make an order for possession unless satisfied that suitable accommodation will be available) accommodation is suitable if it consists of premises—

(a)

which are to be let as a separate dwelling under a secure tenancy, or

(b)

which are to be let as a separate dwelling under a protected tenancy, not being a tenancy under which the landlord might recover possession under one of the Cases in Part II of Schedule 15 to the M1Rent Act 1977 (cases where court must order possession), F1or

(c)

which are to be let as a separate dwelling under an assured tenancy F2which is neither an assured shorthold tenancy, within the meaning of Part I of the Housing Act 1988, nor a tenancy under which the landlord might recover possession under any of Grounds 1 to 5 in Schedule 2 to that Act

and, in the opinion of the court, the accommodation is reasonably suitable to the needs of the tenant and his family.

Annotations

Textual amendments

F1: Sch. 2 Pt. 4 para. 1(c) and word added by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 para. 65
F2: Words in Sch. 2 Pt. 4 para. 1(c) omitted (1.5.2026 for specified purposes) by virtue of Renters’ Rights Act 2025 (c. 26), s. 145(1)(8), Sch. 2 para. 16 (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.