PART 6ALLOWING FULLY MUTUAL HOUSING ASSOCIATIONS TO GRANT ASSURED TENANCIES

137Amendment of Schedule 1 to the Housing Act 1988

1

Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies) is amended as follows.

2

In paragraph 12(1)(h), after “association” insert “, unless the tenancy is one which is excluded from this sub-paragraph by sub-paragraph (3) below”.

3

After paragraph 12(2) insert—

3

A tenancy is excluded from sub-paragraph (1) if all of the following requirements are met—

a

the interest of the landlord belongs to a fully mutual housing association;

b

the dwelling-house is in Wales;

c

the tenancy is granted on or after the date on which this sub-paragraph comes into force;

d

the tenancy is in writing;

e

before the tenancy is granted, the landlord has served on the person who is to be the tenant a notice stating that the tenancy is to be excluded from sub-paragraph (1);

f

the tenancy states that it is excluded from sub-paragraph (1).

138Amendment of Schedule 2 to the Housing Act 1988

In Part 1 of Schedule 2 to the Housing Act 1988 (grounds on which a court must order possession of dwelling-houses let on assured tenancies), after Ground 2 insert—

Ground 2A

The dwelling-house is subject to a mortgage granted, at any time, by a fully mutual housing association and—

  1. a

    the dwelling-house is in Wales;

  2. b

    the tenancy was granted by a fully mutual housing association;

  3. c

    the mortgagee is entitled to exercise a power of sale conferred on the mortgagee by the mortgage or by section 101 of the Law of Property Act 1925;

  4. d

    the mortgagee requires possession of the dwelling-house for the purpose of disposing of it with vacant possession in exercise of that power;

  5. e

    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;

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