937. Ground 3: out of season lets of holiday accommodation.

The court1 must make an order for possession where the tenancy2 is a fixed term tenancy3 for a term not exceeding eight months4, and:

  1.  

    (1)     not later than the beginning of the tenancy5, the landlord6 gave notice7 in writing to the tenant8 that possession might be recovered on mandatory Ground 39; and

  2.  

    (2)     at some time within the period of 12 months ending with the beginning of the tenancy10, the dwelling house11 was occupied under a right to occupy it for a holiday12.

An order for possession may not be made on mandatory Ground 3 to take effect at a