The Housing and Regeneration Act 2008 (Commencement No.5) Order 2009

Made: 19th May 2009

The Secretary of State, in exercise of the powers conferred by section 325(1) of the Housing and Regeneration Act 2008¹,and having consulted the Welsh Ministers as required by section 325(5) of that Act, makes the following Order:

Citation and interpretation

1

• (1) This Order may be cited as the Housing and Regeneration Act 2008 (Commencement No. 5) Order 2009.

• (2) In this Order “the Act” means the Housing and Regeneration Act 2008.

Commencement of provisions regarding possession orders relating to certain tenancies

2

Section 299 of, and Schedule 11 to, the Act, with the exceptions specified in article 3, shall come into force on the day after this Order is made in so far as they are not already in force.

Exceptions

3

The excepted provisions of Schedule 11 mentioned in article 2 are paragraphs 3(3), 8(3) and 14(3).

Commencement of a repeal

4

Section 321 of, and Schedule 16 to, the Act shall come into force on the day after this Order is made so far as they relate to the repeal of section 14(1)(b) of the Anti-social Behaviour Act 2003 (c.38).

Signed

Signed by the authority of the Secretary of State for Communities and Local Government

Iain Wright — Parliamentary Under Secretary of State — Department for Communities and Local Government — 19th May 2009

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force, on the day after it is made, certain provisions of Parts 3 and 4 of the Housing and Regeneration Act 2008.

Article 2 brings further into effect (subject to the exceptions in article 3) section 299 and Schedule 11, concerning possession orders relating to certain tenancies. In summary, Part 1 of Schedule 11 amends the law relating to the termination of residential tenancies, so that a tenant subject to a possession order in favour of the landlord will not lose tenancy status while continuing to live in the property. Part 2 of Schedule 11 provides that, subject to conditions being met, new tenancies will arise for tenants subject to possession proceedings who have already lost tenancy status.

The provisions referred to in article 3, which relate to the court’s discretionary powers under section 85(4) of the Housing Act 1985 (c.68) and section 9(4) of the Housing Act 1988 (c.50), are not commenced.

Article 4 commences a repeal in Schedule 16 consequential on the commencement of section 299 and Schedule 11.

Footnotes