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

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EXPLANATORY NOTE

(This note is not part of the Order)

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.

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