Housing Act 1988

or (c) which are to be let as a separate dwelling under an assured tenancy which is neither an assured shorthold tenancy, within the meaning of Part I of the Housing Act 1988, nor a tenancy under which the landlord might recover possession under any of Grounds 1 to 5 in Schedule 2 to that Act

.

66

In Schedule 5 to that Act, in paragraph 3, after the entry for section 58(2) of the Housing Associations Act 1985 there shall be inserted the following entries—

section 50 of the Housing Act 1988 (housing association grants), or section 51 of that Act (revenue deficit grants).

The Landlord and Tenant Act 1985

67

• (1) In section 5 of the Landlord and Tenant Act 1985 (information to be contained in rent books), in subsection (1)(b) after the word “tenancy” there shall be inserted “ “or let on an assured tenancy within the meaning of Part I of the Housing Act 1988 ”.

• (2) In subsection (2) of that section after the word “tenancy” there shall be added “ “or let on an assured tenancy within the meaning of Part I of the Housing Act 1988 ”.

68

In section 26 of that Act (tenants of certain public authorities excepted from provisions about service charges etc.) in subsection (3)(c) after the words “Housing Act 1980” there shall be inserted “ “or paragraph 4(2)(b) of Schedule 4A to the Leasehold Reform Act 1967 ”.

The Agricultural Holdings Act 1986

69

• (1) In Schedule 3 to the Agricultural Holdings Act 1986 (cases where consent of Tribunal to operation of notice to quit is not required), in Part II (provisions applicable to Case A: suitable alternative accommodation), in paragraph 3 after paragraph (b) there shall be inserted

or (c) premises which are to be let as a separate dwelling such that they will then be let on an assured tenancy which is not an assured shorthold tenancy (construing those terms in accordance with Part I of the Housing Act 1988), or (d) premises to be let as a separate dwelling on terms which will afford to the tenant security of tenure reasonably equivalent to the security afforded by Chapter I of Part I of that Act in the case of an assured tenancy which is not an assured shorthold tenancy.

• (2) At the end of the said paragraph 3 there shall be added the following sub-paragraph—

(2) Any reference in sub-paragraph (1) above to an assured tenancy does not include a reference to a tenancy in respect of which possession might be recovered on any of Grounds 1 to 5 in Schedule 2 to the Housing Act 1988.

70

In Schedule 5 to that Act (notice to quit where tenant is a service man), in paragraph 2(2)(a) after the words “Rent Act 1977” there shall be inserted “ “or paragraph 7 of Schedule 1 to the Housing Act 1988 ”.

The Drug Trafficking Offences Act 1986

71

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

72

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Insolvency Act 1986

73

In section 308 of the Insolvency Act 1986 (vesting in trustee of certain items of excess value), in subsection (1), for the words “the next section” there shall be substituted “ “section 309 ”.

74

In section 335 of that Act (adjustment between earlier and later bankruptcy estates), in subsection (4) after the words “replacement value)” there shall be inserted the words “ “or section 308A (vesting in trustee of certain tenancies) ”.

75

In section 351 of that Act (definitions), in paragraph (a), for the words “or 308” there shall be substituted “ “, section 308 ” and after the words “replacement value)” there shall be inserted “ “or section 308A (vesting in trustee of certain tenancies) ”.

The Social Security Act 1986

76

In section 31 of the Social Security Act 1986 (information relating to housing benefit), in subsection (5) (information as to registered rents), after the words “housing benefit scheme” there shall be inserted “ “(a) ”, and at the end there shall be added

and (b) where a rent is determined under section 14 or section 22 of the Housing Act 1988 or section 25 or section 34 of the Housing (Scotland) Act 1988 (determination of rents by rent assessment committee), the committee shall note in their determination the amount (if any) of the rent which, in the opinion of the committee, is fairly attributable to the provision of services, except where that amount is in their opinion negligible; and the amounts so noted may be included in the information specified in an order under section 42 of the Housing Act 1988 or, as the case may be, section 49 of the Housing (Scotland) Act 1988 (information to be publicly available)

.

The Housing (Scotland) Act 1987

77

In section 12 of the Housing (Scotland) Act 1987 (which relates, amongst other things, to the disposal by local authorities of land acquired or appropriated for housing purposes and of houses)—

• (a) in subsection (1)(c), for the words “subsection (5)” there shall be substituted the words “ “subsections (5) and (7) ”;

• (b) in subsection (7)—

• (i) for “(1)(d)” there shall be substituted “ “(1)(c) or (d) ”;

• (ii) for the words “house or any part share thereof” there shall be substituted the words “ “land, house or part share thereof ”;

• (iii) for the words “it is a house” there shall be substituted the words “ “, in the case of a house, it is one ”;

• (c) in subsection (8) after the word “apply” there shall be inserted the words “ “, in the case of a house, ”.

78

In section 13 of that Act (power of Secretary of State in certain cases to impose conditions on sale of local authority’s houses etc.) for the words “land or dwelling” there shall be substituted the words “ “or land ”.

79

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Access to Personal Files Act 1987

80

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Criminal Justice (Scotland) Act 1987

81

In section 33 of the Criminal Justice (Scotland) Act 1987 (sequestration of person holding realisable property), in subsection (2)(b) for the words “under subsection (6) of that section” there shall be substituted the words “ “under subsection (10) of section 31 of that Act or subsection (6) of the said section 32 of that Act ”.

82

In section 34 of that Act (bankruptcy in England and Wales of person holding realisable property), in subsection (2)(b) for the words “or 308” there shall be substituted “ “308 or 308A ” and after the word “replacement” there shall be inserted “ “and certain tenancies ”.

The Criminal Justice Act 1988

83

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

84

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Housing (Scotland) Act 1988

85

In section 19 of the Housing (Scotland) Act 1988 (notice of proceedings for possession)—

• (a) in subsection (2) for the word “is” there shall be substituted the words “ “and particulars of it are ”;

• (b) in subsection (3) after the word “one” where it first occurs there shall be inserted the words “ “in the prescribed form ”.

86

In section 36 of that Act (damages for unlawful eviction)—

• (a) in subsection (2) for the word “calculated” there shall be substituted the word “ “likely ”;

• (b) in subsection (7)(b)—

• (i) after the word “of” where it first occurs there shall be inserted the words “ “the doing of acts or ”;

• (ii) after the word “for” there shall be inserted the words “ “doing the acts or ”.

87

In section 38 of that Act (further offence of harassment)—

• (a) for the words from “In section 22” to “after subsection (2)” there shall be substituted the words—

(1) Subsection (2) of section 22 of the Rent (Scotland) Act 1984 (unlawful eviction and harassment of occupier) shall, as respects acts done after the commencement of this section, have effect with the substitution of the word “likely” for the word “ “calculated ”. (2) After that subsection

;

• (b) after “(2A)” there shall be inserted the words “ “Subject to subsection (2B) below ”;

• (c) for the word “calculated” there shall be substituted the word “ “likely ”;

• (d) the words “subject to subsection (2B) below” and “by reason only of conduct falling within paragraph (b) of that subsection” shall cease to have effect;

• (e) after the word “for” where it second occurs there shall be inserted the words “ “doing the acts or ”.

88

In section 36 of that Act (damages for unlawful eviction)—

• (a) in subsection (6), for the words “proceedings are begun to enforce the liability” there shall be substituted the words “ “the date on which the proceedings to enforce the liability are finally decided ”; and

• (b) after subsection (6) there shall be inserted the following subsections—

(6A) For the purposes of subsection (6)(a) above, proceedings to enforce a liability are finally decided— (a) if no appeal may be made against the decision in these proceedings; (b) if an appeal may be made against the decision with leave and the time limit for applications for leave expires and either no application has been made or leave has been refused; (c) if leave to appeal against the decision is granted or is not required and no appeal is made within the time limit for appeals; or (d) if an appeal is made but is abandoned before it is determined. (6B) If, in proceedings to enforce a liability arising by virtue of subsection (3) above, it appears to the court— (a) that, prior to the event which gave rise to the liability, the conduct of the former residential occupier or any person living with him in the premises concerned was such that it is reasonable to mitigate the damages for which the landlord would otherwise be liable, or (b) that, before the proceedings were begun, the landlord offered to reinstate the former residential occupier in the premises in question and either it was unreasonable of the former residential occupier to refuse that offer or, if he had obtained alternative accommodation before the offer was made, it would have been unreasonable of him to refuse that offer if he had not obtained that accommodation, the court may reduce the amount of damages which would otherwise be payable to such amount as it thinks appropriate.

.

89

In section 63 of that Act (consent for subsequent disposals) after subsection (2) there shall be inserted the following subsection—

(2A) Before giving any consent for the purposes of subsection (1) above, Scottish Homes— (a) shall satisfy itself that the person who is seeking the consent has taken appropriate steps to consult the tenant of the house (or, as the case may be, each house) of which the property proposed to be disposed of consists; and (b) shall have regard to the response of such tenant to that consultation.

90

In Schedule 4 to that Act (tenancies which cannot be assured tenancies) after paragraph 11 there shall be inserted the following paragraph—

(11A) A tenancy granted expressly on a temporary basis in the fulfilment of a duty imposed on a local authority by Part II of the Housing (Scotland) Act 1987.

Part II — Amendments Consequential on the Establishment of Housing for Wales

The Land Commission Act 1967

91

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Parliamentary Commissioner Act 1967

92

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) after the entry “Housing Corporation” there shall be inserted—

Housing for Wales

.

The Income and Corporation Taxes Act 1970

93

In section 342 of the Income and Corporation Taxes Act 1970 (disposals of land between Housing Corporation and housing societies) and in section 342A of that Act (disposals by certain housing associations) after the words “Housing Corporation” in each place where they occur there shall be inserted “or Housing for Wales”.

The Land Compensation Act 1973

94

In section 32(7B)(b) of the Land Compensation Act 1973 (supplementary provisions about home loss payments) after the words “Housing Corporation” there shall be inserted “or Housing for Wales”.

The House of Commons Disqualification Act 1975

95

In Schedule 1 to the House of Commons Disqualification Act 1975, in Part II (bodies of which all members are disqualified) there shall be inserted at the appropriate place the following entry—

Housing for Wales

.

The Statutory Corporations (Financial Provisions) Act 1975

96

In Schedule 2 to the Statutory Corporations (Financial Provisions) Act 1975 (bodies corporate affected by section 5 of that Act as to their power to borrow in currencies other than sterling) after the entry “The Housing Corporation” there shall be inserted—

Housing for Wales

.

The Development of Rural Wales Act 1976

97

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Rent (Agriculture) Act 1976

98

In section 5(3) of the Rent (Agriculture) Act 1976 (no statutory tenancy where landlord’s interest belongs to Crown or to local authority etc.) after paragraph (d) there shall be inserted the following paragraph—

(da) Housing for Wales

.

The Rent Act 1977

99

In section 15(2)(a) of the Rent Act 1977 (landlord’s interest belonging to housing association etc.) after the words “Housing Corporation” there shall be inserted—

(aa) Housing for Wales

.

100

In each of the following provisions of that Act, that is to say, sections 86(2)(a) (tenancies to which Part VI applies), 93(1) (increase of rent without notice to quit) and Schedule 12 (certificates of fair rent), in paragraph 12 (meaning of “secure tenancy”), after the words “Housing Corporation” there shall be inserted “or Housing for Wales”.

The Criminal Law Act 1977

101

In section 7(5) of the Criminal Law Act 1977 (authorities who may authorise occupation by protected intending occupier for purposes of offence of adverse occupation of residential premises) after the words “Housing Corporation” there shall be inserted—

(ba) Housing for Wales

.

The National Health Service Act 1977

102

In section 28A(2)(e) of the National Health Service Act 1977 (power to make payments towards expenditure on community services) at the end there shall be added the following sub-paragraph

and (vii) Housing for Wales.

103

In section 28B(1)(b)(v) of that Act (power of Secretary of State to make payments towards expenditure on community services in Wales) for the words “the Housing Corporation” there shall be substituted “Housing for Wales”.

The Local Government, Planning and Land Act 1980

104

In Schedule 16 to the Local Government, Planning and Land Act 1980 (bodies to whom Part X of that Act applies) after paragraph 9 there shall be inserted the following paragraph—

9a. Housing for Wales.

The Finance Act 1981

105

In section 107(3) of the Finance Act 1981 (exemption from stamp duty in case of sale of houses at discount by local authorities etc.) after paragraph (c) there shall be inserted the following paragraph—

(ca) Housing for Wales.

The Housing Act 1985

106

In the Housing Act 1985 for the words “Housing Corporation” in each place where they occur there shall be substituted “Corporation”.

107

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

108

In section 57 of that Act (index of defined expressions: Part II) after the entry relating to “compulsory disposal” there shall be inserted—

the Corporation»section 6A

.

109

In section 117 of that Act (index of defined expressions: Part IV) after the entry relating to “co-operative housing association” there shall be inserted—

the Corporation» section 6A

.

110

In section 188 of that Act (index of defined expressions: Part V) after the entry relating to “co-operative housing association” there shall be inserted—

the Corporation» section 6A

.

111

In section 238 of that Act (index of defined expressions: Part VII) after the entry relating to “clearance area” there shall be inserted—

the Corporation» section 6A

.

112

In section 459 of that Act (index of defined expressions: Part XIV) after the entry relating to “building society” there shall be inserted—

the Corporation section» 6A

.

113

In section 577 of that Act (index of defined expressions: Part XVI) after the entry relating to “co-operative housing association” there shall be inserted—

the Corporation» section 6A

.

The Landlord and Tenant Act 1987

114

In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords) after paragraph (e) there shall be inserted the following paragraph—

(ea) Housing for Wales

.

The Income and Corporation Taxes Act 1988

115

In section 376(4) of the Income and Corporation Taxes Act 1988 (qualifying borrowers and lenders) after paragraph (k) there shall be inserted the following paragraph—

(ka) Housing for Wales.

116

In section 560(2)(e) of that Act (persons who are sub-contractors or contractors for the purposes of Chapter IV of Part XIII of that Act) after the words “Housing Corporation” there shall be inserted “Housing for Wales”.

SCHEDULE 18

Assured tenancies.

Letting of a dwelling-house together with other land.

6A

• (1) This section applies to an assured tenancy if—

• (a) the landlord is a non-profit registered provider of social housing,

• (b) the landlord is a profit-making registered provider of social housing and the dwelling-house let on the tenancy is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, or

• (c)

the landlord is a registered social landlord.

• (2) The landlord may apply to the county court for a demotion order.

• (3) A demotion order has the following effect—

• (a) the assured tenancy is terminated with effect from the date specified in the order;

• (b) if the tenant remains in occupation of the dwelling-house after that date a demoted tenancy is created with effect from that date;

• (c) it is a term of the demoted tenancy that any arrears of rent payable at the termination of the assured tenancy become payable under the demoted tenancy;

• (d) it is also a term of the demoted tenancy that any rent paid in advance or overpaid at the termination of the assured tenancy is credited to the tenant’s liability to pay rent under the demoted tenancy.

• (4) The court must not make a demotion order unless it is satisfied—

• (a) that the tenant or a person residing in or visiting the dwelling-house has engaged or has threatened to engage in—

• (i) conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and that directly or indirectly relates to or affects the landlord's housing management functions, or

• (ii) conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose, and

• (b) that it is reasonable to make the order.

• (5) The court must not entertain proceedings for a demotion order unless—

• (a) the landlord has served on the tenant a notice under subsection (6), or

• (b) the court thinks it is just and equitable to dispense with the requirement of the notice.

• (6) The notice must—

• (a) give particulars of the conduct in respect of which the order is sought;

• (b) state that the proceedings will not begin before the date specified in the notice;

• (c) state that the proceedings will not begin after the end of the period of twelve months beginning with the date of service of the notice.

• (7) The date specified for the purposes of subsection (6)(b) must not be before the end of the period of two weeks beginning with the date of service of the notice.

• (8) Each of the following has effect in respect of a demoted tenancy at the time it is created by virtue of an order under this section as it has effect in relation to the assured tenancy at the time it is terminated by virtue of the order—

• (a) the parties to the tenancy;

• (b) the period of the tenancy;

• (c) the amount of the rent;

• (d) the dates on which the rent is payable.

• (9) Subsection (8)(b) does not apply if the assured tenancy was for a fixed term and in such a case the demoted tenancy is a weekly periodic tenancy.

• (10) If the landlord of the demoted tenancy serves on the tenant a statement of any other express terms of the assured tenancy which are to apply to the demoted tenancy such terms are also terms of the demoted tenancy.

• (10A) In subsection (4)(a)(ii) “housing accommodation” includes—

• (a) flats, lodging-houses and hostels;

• (b) any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it;

• (c) any common areas used in connection with the accommodation.

• (11) For the purposes of this section a demoted tenancy is a tenancy to which section 20B of the Housing Act 1988 applies.

8A

• (1) Where the ground specified in a notice under section 8 (whether with or without other grounds) is Ground 14A in Schedule 2 to this Act and the partner who has left the dwelling-house as mentioned in that ground is not a tenant of the dwelling-house, the court shall not entertain proceedings for possession of the dwelling-house unless—

• (a) the landlord or, in the case of joint landlords, at least one of them has served on the partner who has left a copy of the notice or has taken all reasonable steps to serve a copy of the notice on that partner, or

• (b) the court considers it just and equitable to dispense with such requirements as to service.

• (2) Where Ground 14A in Schedule 2 to this Act is added to a notice under section 8 with the leave of the court after proceedings for possession are begun and the partner who has left the dwelling-house as mentioned in that ground is not a party to the proceedings, the court shall not continue to entertain the proceedings unless—

• (a) the landlord or, in the case of joint landlords, at least one of them has served a notice under subsection (3) below on the partner who has left or has taken all reasonable steps to serve such a notice on that partner, or

• (b) the court considers it just and equitable to dispense with the requirement of such a notice.

• (3) A notice under this subsection shall—

• (a) state that proceedings for the possession of the dwelling-house have begun,

• (b) specify the ground or grounds on which possession is being sought, and

• (c) give particulars of the ground or grounds.

9A

• (1) This section applies if the court is considering under section 7(4) whether it is reasonable to make an order for possession on ground 14 set out in Part 2 of Schedule 2 (conduct of tenant or other person).

• (2) The court must consider, in particular—

• (a) the effect that the nuisance or annoyance has had on persons other than the person against whom the order is sought;

• (b) any continuing effect the nuisance or annoyance is likely to have on such persons;

• (c) the effect that the nuisance or annoyance would be likely to have on such persons if the conduct is repeated.

14A

• (1) In any case where—

• (a) under Part I of the Local Government Finance Act 1992 the landlord of a dwelling-house let under an assured tenancy to which section 13 above applies or a superior landlord is liable to pay council tax in respect of a dwelling (within the meaning of that Part of that Act) which includes that dwelling-house,

• (b) under the terms of the tenancy (or an agreement collateral to the tenancy) the tenant is liable to make payments to the landlord in respect of council tax,

• (c) the case falls within subsection (2) or subsection (3) below, and

• (d) no previous notice under this subsection has been served in relation to the dwelling-house,

the landlord may serve on the tenant a notice in the prescribed form proposing an increased rent to take account of the tenant’s liability to make payments to the landlord in respect of council tax, such increased rent to take effect at the beginning of a new period of the tenancy specified in the notice being a period beginning not earlier than one month after the date on which the notice was served.

• (2) The case falls within this subsection if—

• (a) the rent under the tenancy has previously been increased by virtue of a notice under section 13(2) above or a determination under section 14 above, and

• (b) the first anniversary of the date on which the increased rent took effect has not yet occurred.

• (3) The case falls within this subsection if a notice has been served under section 13(2) above before 1st April 1993 but no increased rent has taken effect before that date.

• (4) No notice may be served under subsection (1) above after 31st March 1994.

• (5) Where a notice is served under subsection (1) above, the new rent specified in the notice shall take effect as mentioned in the notice unless, before the beginning of the new period specified in the notice—

• (a) the tenant by an application in the prescribed form refers the notice to the appropriate tribunal, or

• (b) the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied.

• (6) Nothing in this section (or in section 14B below) affects the right of the landlord and the tenant under an assured tenancy to vary by agreement any term of the tenancy (including a term relating to rent).

14B

• (1) Where, under subsection (5)(a) of section 14A above, a tenant refers to the appropriate tribunal a notice under subsection (1) of that section, the appropriate tribunal shall determine the amount by which, having regard to the provisions of section 14(3A) above, the existing rent might reasonably be increased to take account of the tenant’s liability to make payments to the landlord in respect of council tax.

• (2) Where a notice under section 14A(1) above has been referred to the appropriate tribunal, then, unless the landlord and the tenant otherwise agree, the existing rent shall be increased by the amount determined by the appropriate tribunal with effect from the beginning of the new period specified in the notice or, if it appears to the appropriate tribunal that that would cause undue hardship to the tenant, with effect from such later date (not being later than the date the increase is determined) as the appropriate tribunal may direct.

• (3) In any case where—

• (a) the appropriate tribunal have before them at the same time the reference of a notice under section 13(2) above relating to a tenancy (in this subsection referred to as “the section 13 reference”) and the reference of a notice under section 14A(1) above relating to the same tenancy (in this subsection referred to as “the section 14A reference”); and

• (b) the appropriate tribunal propose to hear the two references together,

the appropriate tribunal shall make a determination in relation to the section 13 reference before making their determination in relation to the section 14A reference, and if in such a case the date specified in the notice under section 13(2) above is later than the date specified in the notice under section 14A(1) above, the rent determined under the section 14A reference shall not take effect until the date specified in the notice under section 13(2).

• (4) In this section “rent” has the same meaning as in section 14 above; and section 14(4) above applies to a determination under this section as it applies to a determination under that section.

19A

An assured tenancy which—

• (a) is entered into on or after the day on which section 96 of the Housing Act 1996 comes into force (otherwise than pursuant to a contract made before that day), or

• (b) comes into being by virtue of section 5 above on the coming to an end of an assured tenancy within paragraph (a) above,

is an assured shorthold tenancy unless it falls within any paragraph in Schedule 2A to this Act.

20A

• (1) Subject to subsection (3) below, a tenant under an assured shorthold tenancy to which section 19A above applies may, by notice in writing, require the landlord under that tenancy to provide him with a written statement of any term of the tenancy which—

• (a) falls within subsection (2) below, and

• (b) is not evidenced in writing.

• (2) The following terms of a tenancy fall within this subsection, namely—

• (a) the date on which the tenancy began or, if it is a statutory periodic tenancy or a tenancy to which section 39(7) below applies, the date on which the tenancy came into being,

• (b) the rent payable under the tenancy and the dates on which that rent is payable,

• (c) any term providing for a review of the rent payable under the tenancy, and

• (d) in the case of a fixed term tenancy, the length of the fixed term.

• (3) No notice may be given under subsection (1) above in relation to a term of the tenancy if—

• (a) the landlord under the tenancy has provided a statement of that term in response to an earlier notice under that subsection given by the tenant under the tenancy, and

• (b) the term has not been varied since the provision of the statement referred to in paragraph (a) above.

• (4) A landlord who fails, without reasonable excuse, to comply with a notice under subsection (1) above within the period of 28 days beginning with the date on which he received the notice is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (5) A statement provided for the purposes of subsection (1) above shall not be regarded as conclusive evidence of what was agreed by the parties to the tenancy in question.

• (6) Where—

• (a) a term of a statutory periodic tenancy is one which has effect by virtue of section 5(3)(e) above, or

• (b) a term of a tenancy to which subsection (7) of section 39 below applies is one which has effect by virtue of subsection (6)(e) of that section,

subsection (1) above shall have effect in relation to it as if paragraph (b) related to the term of the tenancy from which it derives.

• (7) In subsections (1) and (3) above—

• (a) references to the tenant under the tenancy shall, in the case of joint tenants, be taken to be references to any of the tenants, and

• (b) references to the landlord under the tenancy shall, in the case of joint landlords, be taken to be references to any of the landlords.

20B

• (1) An assured tenancy is an assured shorthold tenancy to which this section applies (a demoted assured shorthold tenancy) if—

• (a) the tenancy is created by virtue of an order of the court under section 82A of the Housing Act 1985 or section 6A of this Act (a demotion order), and

• (b) the landlord is a private registered provider of social housing or a registered social landlord.

• (2) At the end of the period of one year starting with the day when the demotion order takes effect a demoted assured shorthold tenancy ceases to be an assured shorthold tenancy unless subsection (3) applies, but see section 20C.

• (3) This subsection applies if before the end of the period mentioned in subsection (2) the landlord gives notice of proceedings for possession of the dwelling house.

• (4) If subsection (3) applies the tenancy continues to be a demoted assured shorthold tenancy until the end of the period mentioned in subsection (2) or (if later) until one of the following occurs—

• (a) the notice of proceedings for possession is withdrawn;

• (b) the proceedings are determined in favour of the tenant;

• (c) the period of six months beginning with the date on which the notice is given ends and no proceedings for possession have been brought.

• (5) Registered social landlord has the same meaning as in Part 1 of the Housing Act 1996.

Notice of proceedings for possession.

Additional notice requirements: ground of domestic violence.

41A

In order to assist authorities to give effect to the housing benefit scheme under Part VII of the Social Security Contributions and Benefits Act 1992 or to assist the Secretary of State in the administration of universal credit, where a rent is determined under section 14 or 22 above, the appropriate tribunal shall note in their determination the amount (if any) of the rent which, in the opinion of the tribunal, is fairly attributable to the provision of services, except where that amount is in their opinion negligible; and the amount so noted may be included in the information specified in an order under section 42 or 42A below.

41B

A billing authority within the meaning of Part I of the Local Government Finance Act 1992 shall, if so requested in writing by a rent officer or the appropriate tribunal in connection with his or their functions under any enactment, inform the rent officer or the appropriate tribunal in writing whether or not a particular dwelling (within the meaning of Part I of the Local Government Finance Act 1992) is, or was at any time specified in the request, an exempt dwelling for the purposes of that Part of that Act.

Interim increase before 1st April 1994 of rent under assured periodic tenancies in certain cases where landlord liable for council tax

Restriction on levy of distress for rent.

Compliance with prescribed legal requirements

Tax relief grants.

Repayment of rent where tenancy ends before end of a period

Application of Parts IV and V of Housing Act 1985.

Right conferred by Part IV.

84A

• (1) This section applies in relation to any house or block of flats specified in a notice under subsection (2) of section 84 above if—

• (a) in the case of a house, the tenant makes representations in accordance with paragraph (f) of subsection (4) of that section to the effect that he wishes to become a tenant of the local housing authority in whose area the house is situated; or

• (b) in the case of a block of flats, the majority of the tenants who make representations in accordance with that paragraph make representations to the effect that they wish to become tenants of the local housing authority in whose area the block is situated.

• (2) The Secretary of State shall by order provide for the transfer of the house or block of flats from the housing action trust to the local housing authority.

• (3) The Secretary of State may also by order transfer from the housing action trust to the local housing authority so much as appears to the Secretary of State to be appropriate of any property belonging to or usually enjoyed with the house or, as the case may be, the block or any flat contained in it; and for this purpose “ property ” includes chattels of any description and rights and liabilities, whether arising by contract or otherwise.

• (4) A transfer of any house, block of flats or other property under this section shall be on such terms, including financial terms, as the Secretary of State thinks fit; and an order under this section may provide that, notwithstanding anything in section 141 of the Law of Property Act 1925 (rent and benefit of lessee’s covenants to run with the reversion), any rent or other sum which—

• (a) arises under the tenant’s tenancy or any of the tenants’ tenancies, and

• (b) falls due before the date of the transfer,

shall continue to be recoverable by the housing action trust to the exclusion of the authority.

• (5) Without prejudice to the generality of subsection (4) above, the financial terms referred to in that subsection may include provision for payments to a local housing authority (as well as or instead of payments by a local housing authority); and the transfer from a housing action trust of any house, block of flats or other property by virtue of this section shall not be taken to give rise to any right to compensation.

• (6) In this section—

• “ block of flats ” means a building containing two or more flats;

• “ common parts ”, in relation to a building containing two or more flats, means any parts of the building which the tenants of the flats are entitled under the terms of their tenancies to use in common with each other;

• “ flat ” and “ house ” have the meanings given by section 183 of the Housing Act 1985;

and any reference to a block of flats specified in a notice under section 84(2) above is a reference to a block in the case of which each flat which is let on ... a secure tenancy or an introductory tenancy is so specified.

• (7) For the purposes of subsection (6) above, a building which contains—

• (a) one or more flats which are let, or available for letting, on ... secure tenancies or introductory tenancies by the housing action trust concerned, and

• (b) one or more flats which are not so let or so available,

shall be treated as if it were two separate buildings, the one containing the flat or flats mentioned in paragraph (a) above and the other containing the flat or flats mentioned in paragraph (b) above and any common parts.

Jurisdiction of county courts.

Determinations under Part II.

Information as to determinations of rents in Wales.

Preservation of right to buy on disposal to private sector landlord: Scotland.

Repair notices.

Application of Parts IV and V of Housing Act 1985.

3A

A tenancy—

• (a) which is entered into on or after 1st April 1990 (otherwise than, where the dwelling-house had a rateable value on 31st March 1990, in pursuance of a contract made before 1st April 1990), and

• (b) under which the rent payable for the time being is payable at a rate of, if the dwelling-house is in Greater London, £1,000 or less a year and, if it is elsewhere, £250 or less a year.

3B

A tenancy—

• (a) which was entered into before 1st April 1990 or, where the dwelling-house had a rateable value on the 31st March 1990, on or after 1st April 1990 in pursuance of a contract made before that date, and

• (b) under which the rent for the time being payable is less than two-thirds of the rateable value of the dwelling-house on 31st March 1990.

3C

Paragraph 2(2) above applies for the purposes of paragraphs 3, 3A and 3B as it applies for the purposes of paragraph 2(1).

Family intervention tenancies

12ZA

• (1) A family intervention tenancy.

• (2) But a family intervention tenancy becomes an assured tenancy if the landlord notifies the tenant that it is to be regarded as an assured tenancy.

• (3) In this paragraph “ a family intervention tenancy ” means, subject to sub-paragraph (4), a tenancy granted by a private registered provider of social housing or a registered social landlord (“ the landlord ”) in respect of a dwelling-house—

• (a) to a person (“ the new tenant ”) against whom a possession order under section 7 in respect of another dwelling-house—

• (i) has been made, in relation to an assured tenancy, on ground 7A of Part 1 of Schedule 2 or ground 14, 14ZA or 14A of Part 2 of Schedule 2;

• (ii) could, in the opinion of the landlord, have been so made in relation to such a tenancy; or

• (iii) could, in the opinion of the landlord, have been so made if the person had had such a tenancy; and

• (b) for the purposes of the provision of behaviour support services.

• (4) A tenancy is not a family intervention tenancy for the purposes of this paragraph if the landlord has failed to serve a notice under sub-paragraph (5) on the new tenant before the new tenant entered into the tenancy.

• (5) A notice under this sub-paragraph is a notice stating—

• (a) the reasons for offering the tenancy to the new tenant;

• (b) the dwelling-house in respect of which the tenancy is to be granted;

• (c) the other main terms of the tenancy (including any requirements on the new tenant in respect of behaviour support services);

• (d) the security of tenure available under the tenancy and any loss of security of tenure which is likely to result from the new tenant agreeing to enter into the tenancy;

• (e) that the new tenant is not obliged to enter into the tenancy or (unless otherwise required to do so) to surrender any existing tenancy or possession of a dwelling-house;

• (f) any likely action by the landlord if the new tenant does not enter into the tenancy or surrender any existing tenancy or possession of a dwelling-house.

• (6) The appropriate national authority may by regulations made by statutory instrument amend sub-paragraph (5).

• (7) A notice under sub-paragraph (5) must contain advice to the new tenant as to how the new tenant may be able to obtain assistance in relation to the notice.

• (8) The appropriate national authority may by regulations made by statutory instrument make provision about the type of advice to be provided in such notices.

• (9) Regulations under this paragraph may contain such transitional, transitory or saving provision as the appropriate national authority considers appropriate.

• (10) A statutory instrument containing (whether alone or with other provision) regulations under this paragraph which amend or repeal any of paragraphs (a) to (f) of sub-paragraph (5) may not be made—

• (a) by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) Subject to this, a statutory instrument containing regulations made under this paragraph—

• (a) by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) In this paragraph—

• “appropriate national authority”—in relation to England, means the Secretary of State . ...

• “ behaviour support agreement ” means an agreement in writing about behaviour and the provision of support services made between the new tenant, the landlord and the local housing authority for the district in which the dwelling-house which is to be subject to the new tenancy is situated (or between persons who include those persons);

• “ behaviour support services ” means relevant support services to be provided by any person to— the new tenant; orany person who is to reside with the new tenant;for the purpose of addressing the kind of behaviour which led to the new tenant falling within sub-paragraph (3)(a);

• “ family intervention tenancy ” has the meaning given by sub-paragraph (3);

• “ landlord ” has the meaning given by sub-paragraph (3);

• “local housing authority” (and the reference to its district) has the same meaning as in the Housing Act 1985 (see sections 1 and 2(1) of that Act);

• “ the new tenant ” has the meaning given by sub-paragraph (3)(a);

• “ registered social landlord ” has the same meaning as in Part 1 of the Housing Act 1996;

• “ relevant support services ” means support services of a kind identified in a behaviour support agreement and designed to meet such needs of the recipient as are identified in the agreement.

Accommodation for asylum-seekers

12A

• (1) A tenancy granted by a private landlord under arrangements for the provision of support for asylum-seekers or dependants of asylum-seekers made under section 4 or Part VI of the Immigration and Asylum Act 1999 .

• (2) “Private landlord” means a landlord who is not within section 80(1) of the Housing Act 1985.

...

12B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground or the court is of the opinion that it is just and equitable to dispense with the requirement of notice and (in either case)—

The dwelling-house is subject to a mortgage granted before the beginning of the tenancy and—

and for the purposes of this ground “mortgage” includes a charge and “mortgagee” shall be construed accordingly.

The tenancy is a fixed term tenancy for a term not exceeding eight months and—

The tenancy is a fixed term tenancy for a term not exceeding twelve months and—

The dwelling-house is held for the purpose of being available for occupation by a minister of religion as a residence from which to perform the duties of his office and—

The landlord who is seeking possession or, if that landlord is a non-profit registered provider of social housing, registered social landlord or charitable housing trust, or (where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008) a profit-making registered provider of social housing, a superior landlord intends to demolish or reconstruct the whole or a substantial part of the dwelling-house or to carry out substantial works on the dwelling-house or any part thereof or any building of which it forms part and the following conditions are fulfilled—

For the purposes of this ground “registered social landlord” has the same meaning as in the Housing Act 1985 (see section 5(4) and (5) of that Act) and “charitable housing trust” means a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity, within the meaning of the Charities Act 1993.

The tenancy is a periodic tenancy (including a statutory periodic tenancy), or a fixed term tenancy of a dwelling-house in England, which has devolved under the will or intestacy of the former tenant and the proceedings for the recovery of possession are begun not later than twelve months after the death of the former tenant or, if the court so directs, after the date on which, in the opinion of the court, the landlord or, in the case of joint landlords, any one of them became aware of the former tenant’s death.

Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing—

and for the purpose of this ground “rent” means rent lawfully due from the tenant.

Suitable alternative accommodation is available for the tenant or will be available for him when the order for possession takes effect.

Some rent lawfully due from the tenant—

Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.

Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.

The condition of the dwelling-house or any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any other person residing in the dwelling-house and, in the case of an act of waste by, or the neglect or default of, a person lodging with the tenant or a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

The tenant or a person residing in or visiting the dwelling-house—

Ground 14A

The dwelling-house was occupied (whether alone or with others) by a married couple or a couple living together as husband and wife and—

The condition of any furniture provided for use under the tenancy has, in the opinion of the court, deteriorated owing to ill-treatment by the tenant or any other person residing in the dwelling-house and, in the case of ill-treatment by a person lodging with the tenant or by a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

The dwelling-house was let to the tenant in consequence of his employment by the landlord seeking possession or a previous landlord under the tenancy and the tenant has ceased to be in that employment.

For the purposes of this ground, at a time when the landlord is or was the Secretary of State, employment by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, shall be regarded as employment by the Secretary of State.

Ground 17

The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by—

SCHEDULE 2A

Tenancies excluded by notice

1

• (1) An assured tenancy in respect of which a notice is served as mentioned in sub-paragraph (2) below.

• (2) The notice referred to in sub-paragraph (1) above is one which—

• (a) is served before the assured tenancy is entered into,

• (b) is served by the person who is to be the landlord under the assured tenancy on the person who is to be the tenant under that tenancy, and

• (c) states that the assured tenancy to which it relates is not to be an assured shorthold tenancy.

2

• (1) An assured tenancy in respect of which a notice is served as mentioned in sub-paragraph (2) below.

• (2) The notice referred to in sub-paragraph (1) above is one which—

• (a) is served after the assured tenancy has been entered into,

• (b) is served by the landlord under the assured tenancy on the tenant under that tenancy, and

• (c) states that the assured tenancy to which it relates is no longer an assured shorthold tenancy.

Tenancies containing exclusionary provision

3

An assured tenancy which contains a provision to the effect that the tenancy is not an assured shorthold tenancy.

Tenancies under section 39

4

An assured tenancy arising by virtue of section 39 above, other than one to which subsection (7) of that section applies.

Former secure tenancies

5

An assured tenancy which became an assured tenancy on ceasing to be a secure tenancy.

Former demoted tenancies

5A

An assured tenancy which ceases to be an assured shorthold tenancy by virtue of section 20B(2) or (4).

Tenancies under Schedule 10 to the Local Government and Housing Act 1989

6

An assured tenancy arising by virtue of Schedule 10 to the Local Government and Housing Act 1989 (security of tenure on ending of long residential tenancies).

Tenancies replacing non-shortholds

7

• (1) An assured tenancy which—

• (a) is granted to a person (alone or jointly with others) who, immediately before the tenancy was granted, was the tenant (or, in the case of joint tenants, one of the tenants) under an assured tenancy other than a shorthold tenancy ( “the old tenancy”),

• (b) is granted (alone or jointly with others) by a person who was at that time the landlord (or one of the joint landlords) under the old tenancy, and

• (c) is not one in respect of which a notice is served as mentioned in sub-paragraph (2) below.

• (2) The notice referred to in sub-paragraph (1)(c) above is one which—

• (a) is in such form as may be prescribed,

• (b) is served before the assured tenancy is entered into,

• (c) is served by the person who is to be the tenant under the assured tenancy on the person who is to be the landlord under that tenancy (or, in the case of joint landlords, on at least one of the persons who are to be joint landlords), and

• (d) states that the assured tenancy to which it relates is to be a shorthold tenancy.

8

An assured tenancy which comes into being by virtue of section 5 above on the coming to an end of an assured tenancy which is not a shorthold tenancy.

Assured agricultural occupancies

9

• (1) An assured tenancy—

• (a) in the case of which the agricultural worker condition is, by virtue of any provision of Schedule 3 to this Act, for the time being fulfilled with respect to the dwelling-house subject to the tenancy, and

• (b) which does not fall within sub-paragraph (2) or (4) below.

• (2) An assured tenancy falls within this sub-paragraph if—

• (a) before it is entered into, a notice—

• (i) in such form as may be prescribed, and

• (ii) stating that the tenancy is to be a shorthold tenancy,

is served by the person who is to be the landlord under the tenancy on the person who is to be the tenant under it, and

• (b) it is not an excepted tenancy.

• (3) For the purposes of sub-paragraph (2)(b) above, an assured tenancy is an excepted tenancy if—

• (a) the person to whom it is granted or, as the case may be, at least one of the persons to whom it is granted was, immediately before it is granted, a tenant or licensee under an assured agricultural occupancy, and

• (b) the person by whom it is granted or, as the case may be, at least one of the persons by whom it is granted was, immediately before it is granted, a landlord or licensor under the assured agricultural occupancy referred to in paragraph (a) above.

• (4) An assured tenancy falls within this sub-paragraph if it comes into being by virtue of section 5 above on the coming to an end of a tenancy falling within sub-paragraph (2) above.

Increase in value of house attributable to home improvements

1A

• (1) In calculating the maximum amount which may be demanded by the housing action trust under paragraph 1, such amount (if any) of the price or premium paid for the first relevant disposal which is attributable to improvements made to the house—

• (a) by the person by whom the disposal is, or is to be, made, and

• (b) after the conveyance, grant or assignment and before the disposal,

shall be disregarded.

• (2) The amount to be disregarded under this paragraph shall be such amount as may be agreed between the parties or determined by the district valuer.

• (3) The district valuer shall not be required by virtue of this paragraph to make a determination for the purposes of this paragraph unless—

• (a) it is reasonably practicable for him to do so; and

• (b) his reasonable costs in making the determination are paid by the person by whom the disposal is, or is to be, made.

• (4) If the district valuer does not make a determination for the purposes of this paragraph (and in default of an agreement), no amount is required to be disregarded under this paragraph.

Right of first refusal for housing action trust

2A

• (1) This paragraph applies where, on the disposal of a house under section 79 of this Act, a discount is given to the purchaser by the housing action trust in accordance with a consent given by the Secretary of State under subsection (1) of that section and that consent does not exclude the application of this paragraph.

• (2) On the disposal, the conveyance, grant or assignment shall contain the following covenant, which shall be binding on the purchaser and his successors in title.

• (3) The covenant shall be to the effect that, until the end of the period of ten years beginning with the conveyance, grant or assignment, there will be no relevant disposal which is not an exempted disposal, unless the prescribed conditions have been satisfied in relation to that or a previous such disposal.

• (4) In sub-paragraph (3) “the prescribed conditions” means such conditions as are prescribed by regulations under this section at the time when the conveyance, grant or assignment is made.

• (5) The Secretary of State may by regulations prescribe such conditions as he considers appropriate for and in connection with conferring on—

• (a) a housing action trust which has made a disposal as mentioned in sub-paragraph (1), or

• (b) such other person as is determined in accordance with the regulations,

a right of first refusal to have a disposal within sub-paragraph (6) made to him for such consideration as is mentioned in paragraph 2B.

• (6) The disposals within this sub-paragraph are—

• (a) a reconveyance or conveyance of the house; and

• (b) a surrender or assignment of the lease.

• (7) Regulations under this paragraph may, in particular, make provision—

• (a) for the purchaser to offer to make such a disposal to such person or persons as may be prescribed;

• (b) for a prescribed recipient of such an offer to be able either to accept the offer or to nominate some other person as the person by whom the offer may be accepted;

• (c) for the person who may be so nominated to be either a person of a prescribed description or a person whom the prescribed recipient considers, having regard to any prescribed matters, to be a more appropriate person to accept the offer;

• (d) for a prescribed recipient making such a nomination to give a notification of the nomination to the person nominated, the purchaser and any other prescribed person;

• (e) for authorising a nominated person to accept the offer and for determining which acceptance is to be effective where the offer is accepted by more than one person;

• (f) for the period within which the offer may be accepted or within which any other prescribed step is to be, or may be, taken;

• (g) for the circumstances in which the right of first refusal lapses (whether following the service of a notice to complete or otherwise) with the result that the purchaser is able to make a disposal on the open market;

• (h) for the manner in which any offer, acceptance or notification is to be communicated.

• (8) In sub-paragraph (7) any reference to the purchaser is a reference to the purchaser or his successor in title.

Nothing in that sub-paragraph affects the generality of sub-paragraph (5).

• (9) Regulations under this paragraph—

• (a) may make different provision with respect to different cases or descriptions of case; and

• (b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (10) The limitation imposed by a covenant within sub-paragraph (3) is a local land charge.

• (11) The Chief Land Registrar must enter in the register of title a restriction reflecting the limitation imposed by any such covenant.

Consideration payable for disposal under paragraph 2A

2B

• (1) The consideration for a disposal made in respect of a right of first refusal as mentioned in paragraph 2A(5) shall be such amount as may be agreed between the parties, or determined by the district valuer, as being the amount which is to be taken to be the value of the house at the time when the offer is made (as determined in accordance with regulations under that paragraph).

• (2) That value shall be taken to be the price which, at that time, the interest to be reconveyed, conveyed, surrendered or assigned would realise if sold on the open market by a willing vendor, on the assumption that any liability under the covenant required by paragraph 1 (repayment of discount on early disposal) would be discharged by the vendor.

• (3) If the offer is accepted in accordance with regulations under paragraph 2A, no payment shall be required in pursuance of any such covenant as is mentioned in sub-paragraph (2), but the consideration shall be reduced, subject to sub-paragraph (4), by such amount (if any) as, on a disposal made at the time the offer was made, being a relevant disposal which is not an exempted disposal, would fall to be paid under that covenant.

• (4) Where there is a charge on the house having priority over the charge to secure payment of the sum due under the covenant mentioned in sub-paragraph (2), the consideration shall not be reduced under sub-paragraph (3) below the amount necessary to discharge the outstanding sum secured by the first-mentioned charge at the date of the offer (as determined in accordance with regulations under paragraph 2A).

Treatment of deferred resale agreements

8

• (1) If a purchaser or his successor in title enters into an agreement within sub-paragraph (3), any liability arising under the covenant required by paragraph 1 shall be determined as if a relevant disposal which is not an exempted disposal had occurred at the appropriate time.

• (2) In sub-paragraph (1) “the appropriate time” means—

• (a) the time when the agreement is entered into, or

• (b) if it was made before the beginning of the discount repayment period, immediately after the beginning of that period.

• (3) An agreement is within this sub-paragraph if it is an agreement between the purchaser or his successor in title and any other person—

• (a) which is made (expressly or impliedly) in contemplation of, or in connection with, a disposal to be made, or made, under section 79,

• (b) which is made before the end of the discount repayment period, and

• (c) under which a relevant disposal (other than an exempted disposal) is or may be required to be made to any person after the end of that period.

• (4) Such an agreement is within sub-paragraph (3)—

• (a) whether or not the date on which the relevant disposal is to take place is specified in the agreement, and

• (b) whether or not any requirement to make that disposal is or may be made subject to the fulfilment of any condition.

• (5) The Secretary of State may by order provide—

• (a) for sub-paragraph (1) to apply to agreements of any description specified in the order in addition to those within sub-paragraph (3);

• (b) for sub-paragraph (1) not to apply to agreements of any description so specified to which it would otherwise apply.

• (6) An order under sub-paragraph (5)—

• (a) may make different provision with respect to different cases or descriptions of case; and

• (b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (7) In this paragraph—

• “agreement” includes arrangement;

• “the discount repayment period” means the period of 3 years that applies for the purposes of paragraph 1(2) or the period of five years that applies for the purposes of paragraph 1(3)(depending on whether an offer such as is mentioned in section 203(4) of the Housing Act 2004 was made before or on or after the coming into force of that section).

1

The repeal of sections 19 to 21 of the Rent Act 1977 does not apply with respect to any tenancy or contract entered into before the coming into force of Part I of this Act nor to any other tenancy or contract which, having regard to section 36 of this Act, can be a restricted contract.

2

The repeal of section 52 of the Housing Act 1980 (protected shorthold tenancies) does not apply with respect to any tenancy entered into before the coming into force of Part I of this Act nor to any other tenancy which, having regard to section 34 of this Act, can be a protected shorthold tenancy.

3

The repeal of sections 56 to 58 of the Housing Act 1980 does not have effect in relation to any tenancy of a dwelling-house in Wales to which, by virtue of section 37(2) of this Act, section 1(3) of this Act does not apply.

4

The repeals in section 80 of the Housing Act 1985—

• (a) have effect (subject to section 35(5) of this Act) in relation to any tenancy or licence entered into before the coming into force of Part I of this Act unless, immediately before that time, the landlord or, as the case may be, the licensor is a body which, in accordance with the repeals, would cease to be within the said section 80; and

• (b) do not have effect in relation to a tenancy or licence entered into on or after the coming into force of Part I of this Act if the tenancy or licence falls within any of paragraphs (c) to (f) of subsection (4) of section 35 of this Act and

• (c) do not have effect in relation to a tenancy while it is a housing association tenancy.

Editorial notes