Section 16 Protection of tenure of certain rented premises by extension of Housing Act 1988.F1E1
England and Wales
Subject to subsection (2) of section 14 of this Act and subsection (3) below, if at any time during a service man’s period of residence protection—
a tenancy qualifying for protection which is a fixed term tenancy ends without being continued or renewed by agreement (whether on the same or different terms and conditions), and
by reason only of such circumstances as are mentioned in subsection (4) below, on the ending of that tenancy no statutory periodic tenancy of the rented family residence would arise, apart from the provisions of this section,
Chapter I of Part I of the Housing Act 1988 shall, during the remainder of the period of protection, apply in relation to the rented family residence as if those circumstances did not exist and had not existed immediately before the ending of that tenancy and, accordingly, as if on the ending of that tenancy there arose a statutory periodic tenancy which is an assured tenancy during the remainder of that period.
Subject to subsection (2) of section 14 of this Act and subsection (3) below, if at any time during a service man’s period of residence protection—
a tenancy qualifying for protection F3which is a periodic tenancy would come to an end, apart from the provisions of this section, and
by reason only of such circumstances as are mentioned in subsection (4) below that tenancy is not an assured tenancy, and
if that tenancy had been an assured tenancy, it would not have come to an end at that time,
Chapter I of Part I of the Housing Act 1988 shall, during the remainder of the period of protection, apply in relation to the rented family residence as if those circumstances did not exist and, accordingly, as if the tenancy had become an assured tenancy immediately before it would otherwise have come to an end.
F4Neither subsection (1) nor subsection (2) above applies Subsection (2) does not apply if, on the ending of the tenancy qualifying for protection, a statutory tenancy arises.
The circumstances referred to in F5subsections (1) and subsection (2) above are any one or more of the following, that is to say,—
that the tenancy was entered into before, or pursuant to a contract made before, Part I of the Housing Act 1988 came into force;
that the rateable value (as defined for the purposes of that Act) of the premises which are the rented family residence, or of a property of which those premises form part, exceeded the relevant limit specified in F6paragraph 2A of Schedule 1 to that Act;
that the circumstances mentioned in F7paragraph 2, 3, 3A, 3B or paragraph 6 of that Schedule applied with respect to the tenancy qualifying for protection; and
that the reversion immediately expectant on the tenancy qualifying for protection belongs to any of the bodies specified in paragraph 12 of that Schedule.
Annotations
Textual amendments
- F1
S. 16 substituted by Housing Act 1988 (c. 50, SIF 75:1), s. 140(1), Sch. 17 para. 3
- F2
S. 16(1) omitted (E.W.) (1.5.2026 for specified purposes) by virtue of Renters’ Rights Act 2025 (c. 26), s. 145(1)(8), Sch. 2 para. 2(a) (with ss. 138, 146(1), Sch. 6 paras. 1, 3, 4, 16, 17); S.I. 2026/421, reg. 2(c)
- F3
Words in s. 16(2)(a) omitted (E.W.) (1.5.2026 for specified purposes) by virtue of Renters’ Rights Act 2025 (c. 26), s. 145(1)(8), Sch. 2 para. 2(b) (with ss. 138, 146(1), Sch. 6 paras. 1, 3, 4, 16, 17); S.I. 2026/421, reg. 2(c)
- F4
Words in s. 16(3) substituted (E.W.) (1.5.2026 for specified purposes) by Renters’ Rights Act 2025 (c. 26), s. 145(1)(8), Sch. 2 para. 2(c) (with ss. 138, 146(1), Sch. 6 paras. 1, 3, 4, 16, 17); S.I. 2026/421, reg. 2(c)
- F5
Word in s. 16(4) substituted (E.W.) (1.5.2026 for specified purposes) by Renters’ Rights Act 2025 (c. 26), s. 145(1)(8), Sch. 2 para. 2(d) (with ss. 138, 146(1), Sch. 6 paras. 1, 3, 4, 16, 17); S.I. 2026/421, reg. 2(c)
- F6
Words substituted by S.I. 1990/434, reg. 2, Sch. para. 1(a)
- F7
Words substituted by S.I. 1990/434, reg. 2, Sch. para. 1(b)
Extent
- E1
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Notes on Part II
Modifications
- C1
Pt. II (ss. 14-25) modified (E.W.) by S.I. 1990/776, art. 5(2)(g)