Section 22 Facilities for action on behalf of men serving abroad in proceedings as to tenancies.E1
England and Wales
Where in the course of any proceedings F1brought under F2Part I of the M1Protection from Eviction Act 1977 or under F3Part III, IV, or VII of the M2Rent Act 1977 F4or under Part I of the Housing Act 1988, F5or under Part 9 of the Renting Homes (Wales) Act 2016 (anaw 1) (termination etc of occupation contracts), or of any proceedings consequential upon the making of a reference or application to F6the appropriate tribunal under F7Part V of the Rent Act 1977 or Part I of the Housing Act 1988, F8or under the Renting Homes (Wales) Act 2016, or under this Part of this Act, it appears to the court or tribunal—
that the proceedings relate to a tenancy F9or licence vested in a service man;
that a person other than the service man desires to take a step in the proceedings on behalf of the service man at a time when he is serving abroad, or has purported to take a step in the proceedings on his behalf at a time when he was so serving; and
that the said person, in seeking or purporting to take that step, is or was acting in good faith in the interests of the service man, and is or was a fit person to take that step on his behalf, but is or was not duly authorised to do so,
the court or tribunal may direct that the said person shall be deemed to be, or to have been, duly authorised to take that step on behalf of the service man.
The provisions of the preceding subsection apply in relation to the institution of proceedings before a court as they apply in relation to the taking of a step in such proceedings, and apply in relation to the making of a reference or application to F10an appropriate tribunal as they apply in relation to the taking of a step in proceedings consequential upon the making of such a reference or application; and references in that subsection to proceedings brought or a reference or application made as therein mentioned include references to proceedings which purport to be so brought or to a reference or application which purports to be so made, as the case may be.
Where in the course of any proceedings a court or tribunal gives a direction under subsection (1) of this section, the person to whom the direction relates shall have the like right of audience in those proceedings as the service man himself would have.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
References in this section to a time when a service man is serving abroad are references to a time when he is performing a period of relevant service and is outside the United Kingdom.
Annotations
Textual amendments
- F1
Words substituted by Rent Act 1968 (c. 23), s. 117(2), Sch. 15
- F2
Words substituted by Protection from Eviction Act 1977 (c. 43), Sch. 1 para. 1
- F3
Words substituted by Rent Act 1977 (c. 42), Sch. 23 para. 9
- F4
Words inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 140(1), Sch. 17 para. 11(a)(b)
- F5
Words in s. 22(1) inserted (E.W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 4(3)(a)
- F6
Words in s. 22(1) substituted (E.W.) (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 2(a) (with Sch. 3)
- F7
Words substituted by Housing Act 1988 (c. 50, SIF 75:1), s. 140(1), Sch. 17 para. 11(a)(b)
- F8
Words in s. 22(1) inserted (E.W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 4(3)(b)
- F9
Words inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 140(1), Sch. 17 para. 11(c)
- F10
Words in s. 22(2) substituted (E.W.) (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 2(b) (with Sch. 3)
- F11
S. 22(3A) added by Rent Act 1968 (c. 23), s. 117(2), Sch. 15
- F12
Words in s. 22(3A) omitted (E.W.) (1.7.2013) by virtue of The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 2(c) (with Sch. 3)
- F13
Words substituted by Rent Act 1977 (c. 42), Sch. 23 para. 9
- F14
S. 22(4)-(6) repealed (except in relation to a notice to quit an agricultural holding or part of an agricultural holding given before 7.4.1978) by Agricultural Holdings (Notices to Quit) Act 1977 (c. 12), s. 14, Sch. 2
Marginal citations
- M1
- M2
- M3
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)