PART 6

ALLOWING FULLY MUTUAL HOUSING ASSOCIATIONS TO GRANT ASSURED TENANCIES

Amendment of Schedule 2 to the Housing Act 1988
138
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.