Where, at any time during a serviceman's1 period of residence protection2, a tenancy qualifying for protection3 which is a fixed term tenancy4 ends without being continued or renewed by agreement (whether on the same or different terms and conditions)5 and, immediately before the ending of the tenancy6:
(1) the tenant7 under the terms of the tenancy has the exclusive occupation of some accommodation ('the separate accommodation') and had the use of other accommodation in common with another person or other persons, not being or including the landlord8; but
(2) the Housing Act 1988 provisions whereby such accommodation is deemed
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