SCHEDULES

SCHEDULE 11Possession orders relating to certain tenancies

C1C2Part 2Replacement of certain terminated tenancies

Annotations:

Compliance with consultation requirements

I1I2C122

1

The fact that—

a

the views of the ex-tenant during the termination period were not sought or taken into account when they should have been sought or taken into account, or

b

the views of the ex-tenant during that period were sought or taken into account when they should not have been sought or taken into account,

is not to be taken to mean that the consultation requirements were not complied with.

2

The consultation requirements are—

a

the requirements under—

i

section 105(1) of the Housing Act 1985 (c. 68),

ii

paragraphs 3 and 4 of Schedule 3A to that Act,

iii

regulations made under section 27AB of that Act which relate to arranging for ballots or polls with respect to a proposal to enter into a management agreement, and

iv

section 137(2) of the Housing Act 1996 (c. 52), and

b

any other requirements specified by the appropriate national authority by order.