Office of Public Sector Information
Section 140.
1 In section 4 of the [1951 c. 65.] Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (recovery of possession of dwelling-houses in default of payment of rent precluded in certain cases) after subsection (2) there shall be inserted the following subsection—
“(2A) For the purposes of the foregoing provisions of this Act, a judgment or order for the recovery of possession of a dwelling-house let on an assured tenancy within the meaning of Part I of the Housing Act 1988 shall be regarded as a judgment or order for the recovery of possession in default of payment of rent if the judgment or order was made on any of Grounds 8, 10 and 11 in Schedule 2 to that Act and not on any other ground.”
2 For section 16 of that Act (protection of tenure of rented premises by extension of Rent Acts), as it applies otherwise than to Scotland, there shall be substituted the following section—
(1) 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) 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
(b) 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.
(2) 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) a tenancy qualifying for protection which is a periodic tenancy would come to an end, apart from the provisions of this section, and
(b) by reason only of such circumstances as are mentioned in subsection (4) below that tenancy is not an assured tenancy, and
(c) 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.
(3) Neither subsection (1) nor subsection (2) above applies if, on the ending of the tenancy qualifying for protection, a statutory tenancy arises.
(4) The circumstances referred to in subsections (1) and (2) above are any one or more of the following, that is to say,—
(a) that the tenancy was entered into before, or pursuant to a contract made before, Part I of the Housing Act 1988 came into force;
(b) 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 paragraph 2 of Schedule 1 to that Act;
(c) that the circumstances mentioned in paragraph 3 or paragraph 6 of that Schedule applied with respect to the tenancy qualifying for protection; and
(d) that the reversion immediately expectant on the tenancy qualifying for protection belongs to any of the bodies specified in paragraph 12 of that Schedule.”
3 For the said section 16, as it applies to Scotland, there shall be substituted the following section—
(1) 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) a tenancy qualifying for protection ends without being continued or renewed by agreement (whether on the same or different terms and conditions), and
(b) by reason only of such circumstances as are mentioned in subsection (4) below, on the ending of that tenancy no statutory tenancy of the rented family residence would arise, apart from the provisions of this section,
sections 12 to 31 of the Housing (Scotland) 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 assured tenancy during the remainder of that period.
(2) 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) a tenancy qualifying for protection would come to an end, apart from the provisions of this section,
(b) by reason only of such circumstances as are mentioned in subsection (4) below that tenancy is not an assured tenancy, and
(c) if that tenancy had been an assured tenancy, it would not have come to an end at that time,
sections 12 to 31 of the Housing (Scotland) 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.
(3) Neither subsection (1) nor subsection (2) above applies if, on the ending of the tenancy qualifying for protection, a statutory tenancy arises.
(4) The circumstances referred to in subsections (1) and (2) above are one or more of the following, that is to say—
(a) that the circumstances mentioned in paragraph 2 of Schedule 4 to the Housing (Scotland) Act 1988 applied with respect to the tenancy qualifying for protection;
(b) that the circumstances mentioned in paragraph 5 of that Schedule applied with respect to the tenancy qualifying for protection; and
(c) that the reversion immediately expectant on the tenancy qualifying for protection belongs to any of the bodies specified in paragraph 11 of that Schedule.”
4 (1) Section 17 of that Act (provisions in case of rented premises which include accommodation shared otherwise than with landlord), as it applies otherwise than to Scotland, shall be amended in accordance with this paragraph.
(2) In subsection (1)—
(a) after the words “qualifying for protection” there shall be inserted “which is a fixed term tenancy”;
(b) in paragraph (b) for the words from “subsection (2)” to “1977” there shall be substituted “section 16(4) above, subsection (1) of section 3 of the Housing Act 1988”;
(c) for the words “said section 22” there shall be substituted “said section 3”; and
(d) at the end there shall be added “and, accordingly, as if on the ending of the tenancy there arose a statutory periodic tenancy which is an assured tenancy during the remainder of that period”.
(3) For subsection (2) there shall be substituted the following subsections—
“(2) Where, at any time during a service man’s period of residence protection—
(a) a tenancy qualifying for protection which is a periodic tenancy would come to an end, apart from the provisions of this section and section 16 above, and
(b) paragraphs (a) and (b) of subsection (1) above apply,
section 3 of the Housing Act 1988 shall, during the remainder of the period of protection, apply in relation to the separate accommodation as if the circumstances referred to in subsection (1)(b) above did not exist and, accordingly, as if the tenancy had become an assured tenancy immediately before it would otherwise have come to an end.
(3) Neither subsection (1) nor subsection (2) above applies if, on the ending of the tenancy qualifying for protection, a statutory tenancy arises.”
5 (1) The said section 17, as it applies to Scotland, shall be amended in accordance with this paragraph.
(2) In subsection (1)—
(a) in paragraph (b) for the words from “subsection (2)” to “1977” there shall be substituted the words “section 16(4) above, subsection (1) of section 14 of the Housing (Scotland) Act 1988”;
(b) for the words “said section 97” there shall be substituted the words “said section 14”; and
(c) at the end there shall be added the words “and, accordingly, as if on the ending of the tenancy there arose a statutory assured tenancy during the remainder of that period”.
(3) For subsection (2) there shall be substituted the following subsections—
“(2) Where, at any time during a service man’s period of residence protection—
(a) a tenancy qualifying for protection would come to an end, apart from the provisions of this section and section 16 above, and
(b) paragraphs (a) and (b) of subsection (1) above apply,
section 14 of the Housing (Scotland) Act 1988 shall, during the remainder of the period of protection, apply in relation to the separate accommodation as if the circumstances in subsection (1)(b) above did not exist and, accordingly, as if the tenancy had become an assured tenancy immediately before it would otherwise come to an end.
(3) Neither subsection (1) nor subsection (2) above applies if, on the ending of the tenancy qualifying for protection, a statutory tenancy arises.”
6 (1) In section 18 of that Act (protection of tenure, in connection with employment, under a licence or rent-free letting), in subsection (1), as it applies otherwise than to Scotland,—
(a) for the words “Part VII of the Rent Act 1977” there shall be substituted “Chapter I of Part I of the Housing Act 1988”; and
(b) for the words “subject to a statutory tenancy within the meaning of the Rent Act 1977” there shall be substituted “let on a statutory periodic tenancy which is an assured tenancy”.
(2) In that subsection, as it applies to Scotland,—
(a) for the words “the Rent (Scotland) Act 1971” there shall be substituted the words “sections 12 to 31 of the Housing (Scotland) Act 1988”, and
(b) for the words “subject to a statutory tenancy within the meaning of the Rent (Scotland) Act 1971” there shall be substituted the words “let on a statutory assured tenancy”.
(3) Subsection (2) of that section shall be omitted.
(4) In subsection (3) of that section, as it applies otherwise than to Scotland, at the end of paragraph (c) there shall be added “or
(d) is a dwelling-house which is let on or subject to an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988 which is not an assured tenancy.”
7 For section 19 of that Act (limitation on application of Rent Acts by virtue of sections 16 to 18), as it applies otherwise than to Scotland, there shall be substituted the following section—
Where by virtue of sections 16 to 18 above, the operation of Chapter I of Part I of the Housing Act 1988 in relation to any premises is extended or modified, the extension or modification shall not affect—
(a) any tenancy of those premises other than the statutory periodic tenancy which is deemed to arise or, as the case may be, the tenancy which is for any period deemed to be an assured tenancy by virtue of any of those provisions; or
(b) any rent payable in respect of a period beginning before the time when that statutory periodic tenancy was deemed to arise or, as the case may be, before that tenancy became deemed to be an assured tenancy; or
(c) anything done or omitted to be done before the time referred to in paragraph (b) above.”
8 For the said section 19, as it applies to Scotland, there shall be substituted the following section—
Where by virtue of sections 16 to 18 above, the operation of sections 12 to 31 of the Housing (Scotland) Act 1988 in relation to any premises is extended or modified, the extension or modification shall not affect—
(a) any tenancy of those premises other than the statutory assured tenancy which is deemed to arise or, as the case may be, the tenancy which is for any period deemed to be an assured tenancy by virtue of any of those provisions; or
(b) any rent payable in respect of a period beginning before the time when that statutory assured tenancy was deemed to arise or, as the case may be, before that tenancy became deemed to be an assured tenancy; or
(c) anything done or omitted to be done before the time referred to in paragraph (b) above.”
9 (1) Section 20 of that Act (modification of Rent Acts as respects occupation by employees), as it applies otherwise than to Scotland, shall be amended in accordance with this paragraph.
(2) In subsection (1) after the words “Case I in Schedule 15 to the Rent Act 1977” there shall be inserted “or Ground 12 in Schedule 2 to the Housing Act 1988”.
(3) In subsection (2) after the words “Case 8 in the said Schedule 15” there shall be inserted “or, as the case may be, Ground 16 in the said Schedule 2” and for paragraph (b) there shall be substituted the following paragraph—
“(b) Chapter I of Part I of the Housing Act 1988 applies in relation to the premises as mentioned in section 18(1) of this Act and a dependant or dependants of the service man is or are living in the premises or in part thereof in right of the statutory periodic tenancy or assured tenancy referred to in section 19(a) of this Act”.
(4) In subsection (3)—
(a) after the words “the Cases in Part I of the said Schedule 15” there shall be inserted “or, as the case may be, Grounds 10 to 16 in Part II of the said Schedule 2”; and
(b) after the words “section 98(1) of the Rent Act 1977” there shall be inserted “or, as the case may be, section 7(4) of the Housing Act 1988”.
10 (1) The said section 20, as it applies to Scotland, shall be amended in accordance with this paragraph.
(2) In subsection (1) after the words “Case 1 in Schedule 2 to the Rent (Scotland) Act 1984” there shall be inserted the words “or Ground 13 in Schedule 5 to the Housing (Scotland) Act 1988”.
(3) In subsection (2) after the words “Case 7 in the said Schedule 2” there shall be inserted the words “or, as the case may be, Ground 17 in the said Schedule 5” and for paragraph (b) there shall be substituted the following paragraph—
“(b) sections 12 to 31 of the Housing (Scotland) Act 1988 apply in relation to the premises as mentioned in section 18(1) of this Act and a dependant or dependants of the service man is or are living in the premises or in part thereof in right of the statutory assured tenancy or assured tenancy referred to in paragraph (a) of section 19 of this Act”.
(4) In subsection (3)—
(a) after the words “the Cases in Part I of the said Schedule 2” there shall be inserted the words “or, as the case may be, Grounds 10 to 17 in Part II of the said Schedule 5”; and
(b) after the words “section 11 of the Rent (Scotland) Act 1984” there shall be inserted the words “or, as the case may be, section 18(4) of the Housing (Scotland) Act 1988”.
11 In section 22 of that Act (facilities for action on behalf of men serving abroad in proceedings as to tenancies), as it applies otherwise than to Scotland, in subsection (1)—
(a) after the words “Rent Act 1977” there shall be inserted “or under Part I of the Housing Act 1988”;
(b) for the words “Part V of that Act” there shall be substituted “Part V of the Rent Act 1977 or Part I of the Housing Act 1988”; and
(c) in paragraph (a) after the word “tenancy” there shall be inserted “or licence”.
12 In the said section 22, as it applies to Scotland, in subsection (1),—
(a) for the words “Part III of the Rent Act 1965 or under the Rent (Scotland) Act 1971” there shall be substituted the words “the Rent (Scotland) Act 1984 or under Part II of the Housing (Scotland) Act 1988”;
(b) for the words “rent tribunal” there shall be substituted the words “rent assessment committee” and for the words “or tribunal” there shall be substituted the words “or committee”;
(c) for the words “Part VII of that Act” there shall be substituted the words “Part VII of the said Act of 1984 or under Part II of the Housing (Scotland) Act 1988”; and
(d) in paragraph (a) after the word “tenancy” there shall be inserted the words “or licence”.
13 (1) Section 23 of that Act (interpretation of Part II), as it applies otherwise than to Scotland, shall be amended in accordance with this paragraph.
(2) In subsection (1)—
(a) after the definition of “agricultural land” there shall be inserted—
““assured tenancy” has the same meaning as in Part I of the Housing Act 1988”;
(b) after the definition of “dependant” there shall be inserted—
““fixed term tenancy” means any tenancy other than a periodic tenancy”;
(c) for the definition of “landlord” and “tenant” there shall be substituted—
“in relation to a statutory tenancy or to a provision of the Rent Act 1977 “landlord” and “tenant” have the same meaning as in that Act but, subject to that, those expressions have the same meaning as in Part I of the Housing Act 1988”; and
(d) after the definition of “relevant police authority” there shall be inserted—
““statutory periodic tenancy” has the same meaning as in Part I of the Housing Act 1988”.
(3) At the end of subsection (1) there shall be inserted the following subsection—
“(1A) Any reference in this Part of this Act to Chapter I of Part I of the Housing Act 1988 includes a reference to the General Provisions of Chapter VI of that Part, so far as applicable to Chapter I.”
(4) In subsection (3) after the words “Rent Act 1977” there shall be inserted “or Chapter I of Part I of the Housing Act 1988”.
14 (1) The said section 23, as it applies to Scotland, shall be amended in accordance with this paragraph.
(2) In subsection (1)—
(a) after the definition of “agricultural land” there shall be inserted—
““assured tenancy” and “statutory assured tenancy” have the same meaning as in Part II of the Housing (Scotland) Act 1988”;
(b) for the definition of “landlord” and “tenant” there shall be substituted—
“in relation to a statutory tenancy or to a provision of the Rent (Scotland) Act 1984 “landlord” and “tenant” have the same meaning as in that Act but, subject to that, those expressions have the same meaning as in Part II of the Housing (Scotland) Act 1988”.
(3) At the end of subsection (1) there shall be inserted the following subsection—
“(1A) Any reference in this Part of this Act to sections 12 to 31 of the Housing (Scotland) Act 1988 includes a reference to sections 47 to 55 of that Act so far as applicable to those sections.”
(4) In subsection (3) after the words “Rent (Scotland) Act 1984” there shall be inserted the words “or sections 12 to 31 of the Housing (Scotland) Act 1988”.
15 In section 28 of the [1967 c. 88.] Leasehold Reform Act 1967 (retention or resumption of land required for public purposes) at the end of subsection (5) (bodies to whom that section applies) there shall be added “and
(g) a housing action trust established under Part III of the Housing Act 1988.”
16 In section 29 of that Act (reservation of future right to develop) after subsection (6B) there shall be inserted the following subsection—
“(6C) Subsections (1) to (4) above shall have effect in relation to a housing action trust as if any reference in those subsections or in Part I of Schedule 4 to this Act to a local authority were a reference to the trust.”
17 (1) In Schedule 4A to that Act (which is set out in Schedule 4 to the [1986 c. 63.] Housing and Planning Act 1986 and excludes certain shared ownership leases from Part I of the 1967 Act) at the end of paragraph 2(1) there shall be added “or to a person who acquired that interest in exercise of the right conferred by Part IV of the Housing Act 1988”.
(2) In paragraph 2(2) of that Schedule, at the end of paragraph (e) there shall be added the following paragraph—
“(f) a housing action trust established under Part III of the Housing Act 1988”.
18 In section 215 of the [1971 c. 78.] Town and Country Planning Act 1971 (procedure for making certain orders), in subsection (8) (definitions of “relevant area” and “local authority”) after the words “Part IV of the Local Government Act 1985” there shall be inserted “a housing action trust established under Part III of the Housing Act 1988”.
19 In section 25 of the [1974 c. 7.] Local Government Act 1974 (local government administration: authorities subject to investigation), in subsection (1) after paragraph (bd) there shall be inserted the following paragraph—
“(be) any housing action trust established under Part III of the Housing Act 1988”.
20 In section 16 of the [1974 c. 39.] Consumer Credit Act 1974 (exempt agreements), in subsection (6B), in paragraph (a) after the words “England and Wales,” there shall be inserted “the Housing Corporation, Housing for Wales and”.
21 In section 28 of the [1976 c. 80.] Rent (Agriculture) Act 1976 (rehousing: duty of housing authority concerned), the following subsection shall be inserted after subsection (14) of that section—
“(14A) Notwithstanding anything in section 127(1) of the Magistrates' Courts Act 1980, an information relating to an offence under this section may be tried if it is laid at any time within two years after the commission of the offence and within six months after the date on which evidence sufficient in the opinion of the housing authority concerned to justify the proceedings comes to its knowledge.”
22 In the [1977 c. 42.] Rent Act 1977, sections 68 and 69, Part II of Schedule 11 and Schedule 12 (which provide for applications by a local authority for the determination of a fair rent and make provision about certificates of fair rent) shall cease to have effect except as respects applications made before the commencement of this Act.
23 In section 77 of that Act (which provides for the reference of restricted contracts to rent tribunals by the lessor, the lessee or the local authority) the words “or the local authority” shall be omitted.
24 Section 89 of the Rent Act 1977 (which provides for the phasing of progression to a registered rent in the case of housing association tenancies) and Schedule 8 to that Act (phasing of rent increases: general provisions) shall cease to have effect except with respect to an increase in rent up to, or towards, a registered rent in relation to which the relevant date for the purposes of the said Schedule 8 falls before this Act comes into force.
25 In section 137 of the Rent Act 1977 (effect on sub-tenancy of determination of superior tenancy), in subsection (1) the words “this Part of” shall be omitted.
26 In section 7 of the [1977 c. 43.] Protection from Eviction Act 1977 (service of notices), in subsection (3)(c) (certain licensors treated as landlords for the purposes of the section) the words “under a restricted contract (within the meaning of the Rent Act 1977)” shall be omitted.
27 In section 64 of the Justices of the [1979 c. 55.] Peace Act 1979 (disqualification in certain cases of justices who are members of local authorities) at the end of subsection (6) there shall be added the words “and a housing action trust established under Part III of the Housing Act 1988”.
28 In Schedule 16 to the [1980 c. 65.] Local Government, Planning and Land Act 1980 (bodies to whom Part X applies) after paragraph 8 there shall be inserted the following paragraph—
“8A A housing action trust established under Part III of the Housing Act 1988.”
29 In Schedule 28 to the Local Government, Planning and Land Act 1980, in paragraph 10 after the words “Rent Act 1977” there shall be inserted “or the Housing Act 1988.”
30 In Schedule 6 to the [1980 c. 66.] Highways Act 1980, in Part I, in paragraph 1(3)(b)(i) after the words “Rent Act 1977” there shall be inserted “and licensees under an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988”.
31 In section 22 of the [1981 c. 64.] New Towns Act 1981 (possession of houses) after the words “Rent Act 1977” there shall be inserted “or Part I of the Housing Act 1988”.
32 (1) In section 12(2) of the [1981 c. 67.] Acquisition of Land Act 1981 after the words “Rent (Agriculture) Act 1976” there shall be inserted “or a licensee under an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988”.
(2) In Schedule 1 to that Act, in paragraph 3(2) after the words “Rent (Agriculture) Act 1976” there shall be inserted “or a licensee under an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988”.
33 In section 1(6) of the [1983 c. 19.] Matrimonial Homes Act 1983 (occupation of one spouse by virtue of that section treated as occupation by the other for the purposes of certain enactments) after the words “Housing Act 1985” there shall be inserted “and Part I of the Housing Act 1988”.
34 (1) In Schedule 1 to that Act (transfer of certain tenancies on divorce, etc.), in paragraph 1—
(a) at the end of paragraph (c) of sub-paragraph (1) there shall be inserted “or
(d) an assured tenancy or assured agricultural occupancy, within the meaning of Part I of the Housing Act 1988”; and
(b) in sub-paragraph (2) after the words “secure tenancy” there shall be inserted “or an assured tenancy or assured agricultural occupancy”.
(2) In paragraph 2 of that Schedule (orders transferring tenancies etc. from one spouse to another)—
(a) in sub-paragraph (1) after the words “Housing Act 1985” there shall be inserted “or an assured tenancy or assured agricultural occupancy within the meaning of Part I of the Housing Act 1988”; and
(b) at the end of sub-paragraph (3) there shall be inserted—
“(4) Where the spouse so entitled is for the purposes of section 17 of the Housing Act 1988 a successor in relation to the tenancy or occupancy, his or her former spouse (or, in the case of judicial separation, his or her spouse) shall be deemed to be a successor in relation to the tenancy or occupancy for the purposes of that section.
(5) If the transfer under sub-paragraph (1) above is of an assured agricultural occupancy, then, for the purposes of Chapter III of Part I of the Housing Act 1988,—
(a) the agricultural worker condition shall be fulfilled with respect to the dwelling-house while the spouse to whom the assured agricultural occupancy is transferred continues to be the occupier under that occupancy; and
(b) that condition shall be treated as so fulfilled by virtue of the same paragraph of Schedule 3 to the Housing Act 1988 as was applicable before the transfer.”
35 (1) In section 66 of the [1984 c. 28.] County Courts Act 1984 (trial by jury: exceptions), in subsection (1) at the end of paragraph (b)(iii) there shall be inserted “or
(iv) under Part I of the Housing Act 1988”.
(2) In section 77(6) of that Act (appeals: possession proceedings) after paragraph (e) there shall be inserted the following paragraph—
“(ee) section 7 of the Housing Act 1988, as it applies to the grounds in Part II of Schedule 2 to that Act; or”.
36 In section 22 of the [1984 c. 42.] Matrimonial and Family Proceedings Act 1984 (powers of the court in relation to certain tenancies of dwelling-houses), in paragraph (a) after the word “tenancy” there shall be inserted “or assured agricultural occupancy”.
37 In section 101 of the [1985 c. 51.] Local Government Act 1985 (power by order to make incidental, consequential, etc. provisions) in subsection (1)(b) after second “Act” insert “or the Housing Act 1988”.
38 In section 32(1) of the [1985 c. 68.] Housing Act 1985 (power to dispose of land) after “(the right to buy)” there shall be inserted “and Part IV of the Housing Act 1988 (change of landlord: secure tenants)”.
39 In section 43(1) of that Act (consent required for certain disposals) after “(the right to buy)” there shall be inserted “or Part IV of the Housing Act 1988 (change of landlord: secure tenants)”.
40 In section 115 of that Act (meaning of “long tenancy”), in subsection (2)(c) after “1980” there shall be inserted “or paragraph 4(2)(b) of Schedule 4A to the Leasehold Reform Act 1967”.
41 In section 155 of that Act (repayment of discount on early disposal) after subsection (3) there shall be inserted the following subsection—
“(3A) Where a secure tenant has served on his landlord an operative notice of delay, as defined in section 153A,—
(a) the three years referred to in subsection (2) shall begin from a date which precedes the date of the conveyance of the freehold or grant of the lease by a period equal to the time (or, if there is more than one such notice, the aggregate of the times) during which, by virtue of section 153B, any payment of rent falls to be taken into account in accordance with subsection (3) of that section; and
(b) any reference in subsection (3) (other than paragraph (a) thereof) to the acquisition of the tenant’s initial share shall be construed as a reference to a date which precedes that acquisition by the period referred to in paragraph (a) of this subsection.”
Housing Act 1988