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The Housing Act 1988 (Commencement No. 2) Order 1988

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SCHEDULE 1TRANSITIONAL PROVISIONS

The Rent (Agriculture) Act 1976

1.  The amendment to the Rent (Agriculture) Act 1976 in paragraph 21 of Schedule 17 to the Housing Act 1988 does not have effect in relation to an offence committed more than six months before the 15th January 1989.

The Landlord and Tenant Act 1987 (1)

2.  The amendments to the Landlord and Tenant Act 1987 (“the 1987 Act”) in paragraphs 1, 2(2) and 3 of Schedule 13 to the Housing Act 1988 do not have effect in relation to a disposal (within the meaning of Part I of that Act) made in pursuance of a contract entered into before the 15th January 1989 or made under that Act where the offer notice was served, or treated as served, under section 5 of the 1987 Act before that date.

3.  The amendments to the 1987 Act in paragraphs 4 to 6 of that Schedule do not apply in relation to an application made to the court before the 15th January 1989.

SCHEDULE 2

REPEALS

ChapterShort titleExtent of repeal
1986 c. 63.The Housing and Planning Act 1986.Section 7.
Section 12.
In section 13, subsections (1) to (3) and (5).
In Schedule 4, paragraphs 1(3) and 10.
1987 c. 31.The Landlord and Tenant Act 1987.In section 3(1) (b) the word "or".
Section 4(2) (a) (ii).
Section 60(2).
1988 c. 43.The Housing (Scotland) Act 1988.In Schedule 9, paragraph 6(b).

TRANSITIONAL PROVISIONS

Rent Act 1977

1.  The repeal of section 16A of the Rent Act 1977 ("the 1977 Act") does not apply in the case specified in section 37(2) of the Housing Act 1988.

2.  The repeals in whole or in part of the provisions of the 1977 Act specified below do not apply in relation to an application under section 69(1) of the 1977 Act (certificate of fair rent) made before the 15th January 1989 or a certificate of fair rent issued pursuant to such an application —

  • section 67(7),

  • section 69,

  • section 87(2),

  • Schedule 11, Part II,

  • Schedule 12,

  • Schedule 20, paragraph 2(2).

3.  The repeal of section 68 of the 1977 Act (application to rent officer by local authority) does not apply in relation to an application under subsection (1) of that section made before the 15th January 1989.

4.  The repeals in whole or in part of the provisions of the 1977 Act specified below do not apply in relation to an increase in rent up to, or towards, a registered rent —

(1) in relation to which the relevant date for the purposes of Schedule 8 to the Rent Act 1977 (phasing of rent increases: general provisions) falls before the 15th January 1989, or

(2) pursuant to the first application under section 67 or section 68 of the 1977 Act (applications for registration or consideration of fair rent) relating to a regulated tenancy which has been converted from a controlled tenancy and for which no rent was registered under Part IV of the 1977 Act before 4th May 1987 —

  • section 88(2),

  • section 89,

  • Schedule 8.

5.  The repeal in section 103(1) of the 1977 Act (notice to quit served after reference of contract to rent tribunal) does not apply in relation to an application under section 77 or 80 of the 1977 Act made before the 15th January 1989.

Local Government Act 1985

6.  The repeal in paragraph 21 of Schedule 13 to the Local Government Act 1985 does not apply with respect to any tenancy or licence entered into before the 15th January 1989 or entered into in pursuance of a contract made before then.

The Housing Act 1985

7.  The repeal of sections 199 to 201 does not have effect in relation to any repair notice served before the 15th January 1989.

Landlord and Tenant Act 1987

8.  The repeals in section 3(1)(b) and of sections 4(2)(a)(ii) and 60(2) do not apply in relation to a disposal made as mentioned in paragraph 2 of Schedule 1 to this Order.

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