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RHAN 6CANIATÁU I GYMDEITHASAU TAI CWBL GYDFUDDIANNOL ROI TENANTIAETHAU SICR

137Diwygio Atodlen 1 i Ddeddf Tai 1988

(1)Mae Atodlen 1 i Ddeddf Tai 1988 (tenantiaethau na allant fod yn denantiaethau sicr) wedi ei diwygio fel a ganlyn.

(2)Ym mharagraff 12(1)(h), ar ôl “association” mewnosoder “, unless the tenancy is one which is excluded from this sub-paragraph by sub-paragraph (3) below”.

(3)Ar ôl paragraff 12(2) mewnosoder—

(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).

138Diwygio Atodlen 2 i Ddeddf Tai 1988

Yn Rhan 1 o Atodlen 2 i Ddeddf Tai 1988 (sail lle mae’n rhaid i lys orchymyn meddiant o anhedd-dai sy'n cael eu gosod dan denantiaethau sicr), ar ôl Ground 2 mewnosoder—

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.