Section 10 Provisions as to liabilities under tenant’s covenants in former lease.

(1)

If on the termination of the former tenancy the tenant retains possession of the dwelling-house by virtue of section six of this Act, any liability, whether of the tenant or of any predecessor in title of his, arising under the terms of the former tenancy shall be extinguished:

Provided that this subsection shall not affect any liability—

(a)

for failure to pay rent or rates or to insure or keep insured, or

(b)

in respect of the use of any premises for immoral or illegal purposes,

or any liability under the terms of the former tenancy in so far as those terms related to property other than the dwelling-house.

(2)

During the period of the statutory tenancy no order shall be made for the recovery of possession of the dwelling-house from the tenant F1in any of the circumstances specified in Cases 1 to 3 in F2Schedule 15 to the Rent Act (which relate to the recovery of possession where an obligation of the tenancy has been broken or where certain specified acts or defaults have been committed) by reason only of any act or default which occurred before the date of termination of the former tenancy.

Annotations

Textual amendments

F1: Words substituted by Rent Act 1968 (c. 23), Sch. 15 (continued by Rent Act 1977 (c. 42), Sch. 24 para. 30)
F2: Words substituted by Rent Act 1977 (c. 42), s. 155(2), Sch. 23 para. 14

Notes on Part I

Modifications

C1: Pt. I (ss. 1–22) superseded in part by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 186(1)
C2: Pt. I (ss. 1–22) applied by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 186, Sch. 10 paras. 21(2), 22
C3: Pt. I (ss. 1–22) modified by S.I. 1990/776, arts. 2(2), (5)(2)(f)
C4: Pt. I amended by Housing Act 1980 (c. 51), Sch. 8 paras. 9, 10