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The Assured Tenancies (Amendment)(England) Order 2010

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Statutory Instruments

2010 No. 908

Housing, England

The Assured Tenancies (Amendment)(England) Order 2010

Made

22nd March 2010

Laid before Parliament

25th March 2010

Coming into force

1st October 2010

The Secretary of State, in exercise of the powers conferred by section 1(2A) of the Housing Act 1988(1), makes the following Order:

Citation, commencement and extent

1.  This Order may be cited as the Assured Tenancies (Amendment) (England) Order 2010 and shall come into force on 1st October 2010.

2.  This Order extends to England only.

Increase in rental threshold

3.—(1) Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies) is amended in accordance with paragraph (2).

(2) In sub-paragraph (1)(b) of paragraph 2 of Schedule 1(2) (tenancies of dwelling-houses with high rateable values) for “£25,000” substitute “£100,000”.

Signed by authority of the Secretary of State for Communities and Local Government

John Healey

Minister of State

Department for Communities and Local Government

22nd March 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, which applies in relation to England only, amends the amount of annual rent above which a tenancy cannot be an assured tenancy under paragraph 2 of Schedule 1 to the Housing Act 1988. The amount is increased from £25,000 to £100,000 with effect from the date the Order comes into force.

An impact assessment has been prepared in respect of this Order. It has been deposited in the Library of each House of Parliament and is available from the Department for Communities and Local Government, Eland House, Bressenden Place, London SW1E 5DR or email Julia.gristwood@communities.gsi.gov.uk.

(1)

1988 c.50. Subsection 2A was inserted by paragraph 27 of the References to Rating (Housing) Regulations 1990 (1990/434). The powers conferred by section 1(2A) of the Housing Act 1988 are exercisable as respects England, by the Secretary of State. The functions of the Secretary of State under section 1(2A) were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672). By virtue of paragraph 3(2)(i) of Schedule 11 to the Government of Wales Act 2006 (c. 32) the functions formerly exercisable by the National Assembly for Wales are now exercisable by the Welsh Ministers.

(2)

Paragraph 2 was substituted by SI 1990/434, and amended by SI 1993/651.

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