Office of Public Sector Information
Sections 12, 13.
1The grounds referred to in paragraph (b) of subsection (1) of section twelve of this Act are the following, that is to say:—
(a)that suitable alternative accommodation will be available for the tenant at the date of termination of the tenancy;
(b)that the tenant has failed to comply with any term of the tenancy as to payment of rent or rates or as to insuring or keeping insured any premises;
(c)that the tenant or a person residing or lodging with him or being his sub-tenant has been guilty of conduct which is a nuisance or annoyance to adjoining occupiers, or has been convicted of using any premises comprised in the tenancy or allowing such premises to be used for an immoral or illegal purpose and, where the person in question is a lodger or sub-tenant, that the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant;
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(e)that premises comprised in the tenancy, and consisting of or including the relevant premises, are reasonably required by the landlord for occupation as a residence for himself or any son or daughter of his over eighteen years of age or his father or mother [F2or the father or mother of his spouse], and (if the landlord is not the immediate landlord) that he will be the immediate landlord at the date of termination:
Provided that the court shall not make an order under section thirteen of this Act on the grounds specified in sub-paragraph (e) of this paragraph—
if the interest of the landlord, or an interest which has merged in that interest and but for the merger would be the interest of the landlord, was purchased or created after [F3the 18th February 1966]; or
if the court is satisfied that having regard to all the circumstances of the case, including the question whether other accommodation is available for the landlord or the tenant, greater hardship would be caused by making the order than by refusing to make it.
F1Para. 1(d) repealed Leasehold Reform Act 1967 (c. 88), Sch. 5, Sch. 7 Pt. 1
F2Words inserted by Leasehold Reform Act 1967 (c. 88), s. 39(2), Sch. 5 para. 1
F3Words substituted by Leasehold Reform Act 1967 (c. 88), s. 39(2), Sch. 5 para. 1
[F12Part IV of [F2Schedule 15] to the Rent Act (which relates to the circumstances in which suitable accommodation is to be deemed to be available for the tenant) shall apply for the purposes of this Schedule as it applies for the purposes of [F2section 98(1)(a)] of that Act.]
F1Para. 2 substituted by Rent Act 1968 (c. 23), Sch. 15 (continued by Rent Act 1977 (c. 42), Sch. 24 para. 30)
F2Words substituted by Rent Act 1977 (c. 42), s. 155(2), Sch. 23 para. 20
Section 19.
1In relation to such a tenancy as is mentioned in subsection (2) of section nineteen of this Act, Part I of this Act shall have effect subject to the following provisions of this Schedule.
2For subsection (6) of section two there shall be substituted the following:—
“(6)In this Part of this Act the expression “term date”, in relation to any such tenancy as is mentioned in subsection (2) of section nineteen of this Act, means the first date after the commencement of this Act on which apart from this Act the tenancy could have been brought to an end by notice to quit given by the landlord.”
3For subsection (1) of section five there shall be substituted the following:—
“(1)A tenancy to which section one of this Act applies may be brought to an end at the term date thereof by notice in writing given by the tenant to the immediate landlord.
The length of any such notice shall be not less than one month nor less than the length of the notice by which the tenant could apart from this Act have brought the tenancy to an end at the term date thereof.”
4Notwithstanding anything in subsection (2) of section three, where by virtue of subsection (1) of that section the tenancy is continued after the term date thereof the provisions of Part I as to the termination of a tenancy by notice shall have effect in substitution for and not in addition to any such provisions included in the terms on which the tenancy had effect before the term date thereof.
5Where the tenancy is not terminated under the provisions of Part I of this Act at the term date thereof, then, whether or not it would have continued after that date apart from this Act, it shall be treated for the purposes of this Act as being continued by virtue of subsection (1) of section three thereof.
Landlord and Tenant Act 1954