PART 6ALLOWING FULLY MUTUAL HOUSING ASSOCIATIONS TO GRANT ASSURED TENANCIES

137Amendment of Schedule 1 to the Housing Act 1988

(1)

Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies) is amended as follows.

(2)

In paragraph 12(1)(h), after “association” insert “ , unless the tenancy is one which is excluded from this sub-paragraph by sub-paragraph (3) below ”.

(3)

After paragraph 12(2) insert—

“(3)

A tenancy is excluded from sub-paragraph (1) if all of the following requirements are met—

(a)

the interest of the landlord belongs to a fully mutual housing association;

(b)

the dwelling-house is in Wales;

(c)

the tenancy is granted on or after the date on which this sub-paragraph comes into force;

(d)

the tenancy is in writing;

(e)

before the tenancy is granted, the landlord has served on the person who is to be the tenant a notice stating that the tenancy is to be excluded from sub-paragraph (1);

(f)

the tenancy states that it is excluded from sub-paragraph (1).”

138Amendment of Schedule 2 to the Housing Act 1988

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.”