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Housing (Wales) Act 2014

Changes over time for: Section 138

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Changes and effects yet to be applied to Section 138:

  • s. 138 coming into force by S.I. 2016/1009 art. 2(6) (This effect not applied to legislation.gov.uk. This commencement order is revoked (1.11.2016) by S.I. 2016/1066, art. 3)

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Prospective

138Amendment of Schedule 2 to the Housing Act 1988E+W

This section has no associated Explanatory Notes

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—

(a)the dwelling-house is in Wales;

(b)the tenancy was granted by a fully mutual housing association;

(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;

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

(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.

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