Section 20 Modifications of Rent Acts as respects occupation by employees.E1C1

Where the carrying out of duties connected with an employment which a service man had before beginning a period of relevant service (or, in the case of a policeman service man, the carrying out of his police duties) constitutes an obligation of a tenancy, and his performing that service prevents his carrying out those duties, the fact that he does not carry them out shall not be treated for the purposes of F1Case 1 in F2Schedule 15 to the M1Rent Act 1977 F3or Ground 12 in Schedule 2 to the Housing Act 1988 (which relates to recovery of possession where an obligation of a tenancy has been broken or not performed) F4or the ground in section 157 of the Renting Homes (Wales) Act 2016 (anaw 1) (which relates to breach of contract) as a breach or non-performance of the obligation.

F5Case 8 in the said Schedule 15 F6or, as the case may be, F7Ground 16 Ground 5C in the said Schedule 2 (which relates to recovery of possession, without proof of suitable alternative accommodation, in circumstances connected with occupation by employees) shall not apply for the purposes of the proceedings on an application for possession of premises made at any time during a service man’s period of residence protection (as defined in section fourteen of this Act) if either—

Where the last preceding subsection has effect as to an application for possession, the circumstances specified in F10the Cases in Part I of the said F11Schedule 15 F12or, as the case may be, Grounds 10 to F1316 18 in Part II of the said Schedule 2 in which the court has power to make or give an order or judgment for the recovery of possession without proof of suitable alternative accommodation shall include the circumstances specified in either of the following paragraphs, that is to say—

In the last preceding subsection the expressions “statutory undertakers” and “local authority” have the same meanings as in F17the M3Town and Country Planning Act, 1971, the expression “development corporation” has the same meaning as in F18the M4New Towns Act 1965, and the expression “public utility functions” means powers or duties conferred or imposed by or under any enactment being powers or duties to carry on a statutory undertaking (as defined in F19the said Act of 1971) F20or being powers or duties of an internal drainage board.