Paragraph 1

England and Wales

In determining whether the condition in section 12(1)(c) of this Act is at any time fulfilled with respect to a tenancy, there shall be disregarded—

(a)

any period of not more than F128 days beginning with the date on which the interest of the landlord under the tenancy becomes vested at law and in equity in an individual who, during that period, does not occupy as his residence another dwelling-house which forms part of the building F2or, as the case may be, flat concerned;

(b)

if, within a period falling within paragraph (a) above, the individual concerned notifies the tenant in writing of his intention to occupy as his residence another F3dwelling house in the building or, as the case may be, flat concerned, the period beginning with the date on which the interest of the landlord under the tenancy becomes vested in that individual as mentioned in that paragraph and ending—

(i)

at the expiry of the period of 6 months beginning on that date, or

(ii)

on the date on which that interest ceases to be so vested, or

(iii)

on the date on which the condition in section 12(1)(c) again applies,

whichever is the earlier; and

(c)

any period of not more than F42 years beginning with the date on which the interest of the landlord under the tenancy becomes, and during which it remains, vested—

(i)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(ii)

in trustees as such; or

(iii)

by virtue of section 9 of the M1Administration of Estates Act 1925, in F6the Probate Judge or the Public Trustee.

Annotations

Textual amendments

F1: Words substituted by Housing Act 1980 (c. 51, SIF 61), s. 65(3)(a)(6)
F2: Words inserted by Housing Act 1980 (c. 51, SIF 61), s. 65(3)(a)(6)
F3: Words substituted by Housing Act 1980 (c. 51, SIF 61), s. 65(3)(b)(6)
F4: Words substituted by Housing Act 1980 (c. 51, SIF 61), s. 65(3)(c)(6)
F5: Sch. 2 para. 1 (c)(i) repealed with saving by Housing Act 1980 (c. 51, SIF 61), s. 65(3)(c)(6)(7), Sch. 26
F6: Words in Sch. 2 Pt. I para. 1(c)(iii) substituted (1.7.1995) by 1994 c. 36, s. 21(1), Sch. 1 para. 8 (with s. 20); S.I. 1995/1317, art. 2

Marginal citations

M1: 1925 c. 23.