Tenancies granted after relevant date: HA 1988 s. 101
HA 1988 s. 101 prevents tenancies granted after the relevant date from becoming secure or assured, allowing termination on four weeks notice to quit.
Subject to subsection (4)(a) below, this section applies to any tenancy of or licence to occupy any part of the property proposed to be acquired, being a tenancy or licence commencing,— in the case of property falling within paragraph (d) of subsection (1) of section 98 above, after the date of the notice under that subsection; in any other case, after the relevant date. Notwithstanding anything in any enactment, a tenancy or licence to which this section applies— shall not be a secure tenancy, and shall not be capable of becoming an assured tenancy or an assured agricultural occupancy, and neither Part II of the Landlord and Tenant Act 1954 (business tenancies) nor Parts III to VI of the Agricultural Holdings Act 1986 (tenancies of agricultural holdings, including market gardens and smallholdings) nor the Agricultural Tenancies Act 1995 (farm business tenancies) shall apply to a tenancy or licence to which this section applies. Every tenancy or licence to which this section applies shall be determinable by the landlord or licensor by giving not less than four weeks notice to quit expiring at any time during the tenancy; and this subsection has effect whether or not the tenancy or licence is periodic and, if it is periodic, regardless of the length of the period. The Secretary of State may make regulations— excluding from the tenancies and licences to which this section applies a tenancy or licence of a description specified in the regulations; requiring the public sector landlord to give notice to the applicant of the grant of any tenancy or licence to which this section applies; requiring the public sector landlord to give notice of the effect of this section to any tenant or licensee under a tenancy or licence to which this section applies; for securing that, on the transfer of the property included in the acquisition to the applicant, the public sector landlord gives vacant possession of any property subject to a tenancy or licence to which this section applies; that, in so far as vacant possession is not so given, any costs or expenses attributable to the recovery of vacant possession by the applicant and any losses consequent upon the failure of the public sector landlord to give vacant possession are recoverable by the applicant from that landlord as a simple contract debt; and making provision for and in connection with the disapplication of this section in any case where the applicant does not proceed with the acquisition.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision applies to any tenancy or licence to occupy property intended for acquisition if that tenancy or licence commenced after the relevant date (or after notice under section 98 for specific properties).
Tenancies and licences subject to this provision cannot become secure tenancies, assured tenancies, or assured agricultural occupancies. Statutory protections under Part II of the Landlord and Tenant Act 1954, Parts III to VI of the Agricultural Holdings Act 1986, and the Agricultural Tenancies Act 1995 are specifically excluded.
The landlord or licensor may end the tenancy or licence by serving at least four weeks notice to quit at any time, regardless of whether the agreement is periodic. Public sector landlords may also be required by regulation to deliver vacant possession or reimburse the applicant for recovery costs as a simple contract debt.
When it applies
- A public sector landlord grants a new periodic licence for a flat in a building subject to an acquisition proposal after the relevant date.
- A council lets out a commercial garage on property after notice under section 98 was served.
- A public sector body terminates an interim tenancy on four weeks notice to provide vacant possession to an acquiring applicant.
What this section does not say
- Tenancies granted prior to the relevant date, which maintain standard statutory protections under section 100.
- Tenancies created after completion of the acquisition, which fall under general tenancy rules in section 1.
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This page reproduces the text of HA 1988 s. 101 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.