Section 82 Security of tenure.

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

s. 82(1)(b) words substituted by Housing and Planning Act 2016 s. 119(2)(b)
s. 82(2) words inserted by Housing and Planning Act 2016 s. 119(2)(c)
s. 82(3) words substituted by Housing and Planning Act 2016 Sch. 7 para. 5
s. 82(A1)(A2) inserted by Housing and Planning Act 2016 s. 119(2)(a)

(1)

A secure tenancy which is either—

(a)

a weekly or other periodic tenancy, or

(b)

a tenancy for a term certain but subject to termination by the landlord,

cannot be brought to an end by the landlord except F1asF2mentioned in subsection (1A) .

F3(1A)

The tenancy may be brought to an end by the landlord—

(a)

obtaining—

(i)

an order of the court for the possession of the dwelling-house, and

(ii)

the execution of the order,

(b)

obtaining an order under subsection (3), or

(c)

obtaining a demotion order under section 82A.

(2)

In the case mentioned in subsection (1A)(a), the tenancy ends when the order is executed.

(3)

Where a secure tenancy is a tenancy for a term certain but with a provision for re-entry or forfeiture, the court shall not order possession of the dwelling-house in pursuance of that provision, but in a case where the court would have made such an order it shall instead make an order terminating the tenancy on a date specified in the order and section 86 (periodic tenancy arising on termination of fixed term) shall apply.

(4)

Section 146 of the M1Law of Property Act 1925 (restriction on and relief against forfeiture), except subsection (4) (vesting in under-lessee), and any other enactment or rule of law relating to forfeiture, shall apply in relation to proceedings for an order under subsection (3) of this section as if they were proceedings to enforce a right of re-entry or forfeiture.

Annotations

Textual amendments

F1: Words in s. 82(1) substituted (20.5.2009) by Housing and Regeneration Act 2008 (c. 17), ss. 299, 325, Sch. 11 para. 2(2) (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3
F2: Words in s. 82(1) substituted (30.6.2004 for E. and 30.9.2004 for specified purposes for W. and otherwise 30.4.2005 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 14(1), 93; S.I. 2004/1502, art. 2(a)(iii) (subject to Sch.); S.I. 2004/2557, art. 2(a)(ii) (subject to Sch.); S.I. 2005/1225, art. 2(b)
F3: S. 82(1A)(2) substituted (20.5.2009) by Housing and Regeneration Act 2008 (c. 17), ss. 299, 325, Sch. 11 para. 2(3) (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3

Marginal citations

M1: 1925 c. 20.

Notes on Part IV

Modifications

C1: S. 47, 48, 50, 51, Pt. IV(ss. 79–117) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 paras. 22 and 23 as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61
C2: Pt. IV (ss. 79-117) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(c)
C3: Pt. IV (ss. 79-117) extended (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 7(3)(6) (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3 (subject to transitional provisions in art. 4(b)(c))