Paragraph 3

On the termination of a tenancy under an order for possession there shall terminate also any immediate or derivative sub-tenancy, and the tenant shall be bound to give up possession of the house and premises to the landlord except in so far as he is precluded from doing so by the rights of other persons to retain possession under or by virtue of any enactment.

Where a sub-tenancy of property comprised in the tenancy has been created after the date of the application for possession (or any earlier date when, in the case of an application relying on section 28(1) of this Act, a copy of the Minister’s certificate was served on the tenant), then no person shall in respect of that sub-tenancy be entitled under F1F2subsection (2) of section 137 of the M1Rent Act 1977, or any enactment (including F3subsection (5) of that section) applying or extending it, F4or under subsection (2) of section 9 of the M2Rent (Agriculture) Act 1976 as extended by subsection (5) of that section to retain possession of that property after the termination of the tenancy under the order for possession.

In exercising its jurisdiction under section 17 or 18 of this Act or this Schedule the court shall assume that the landlord, having obtained an order for possession, will not be precluded from obtaining possession by the right of any person to retain possession by virtue of F5F6Part VII of the M3Rent Act 1977 or any enactment applying or extending that Part of that ActF7or of the M4Rent (Agriculture) Act 1976 or otherwise.

A person in occupation of the house and premises or part of them under a sub-tenancy liable to terminate under sub-paragraph (1) above may, with the leave of the court, appear and be heard on any application for possession or application under paragraph 2 above.