Housing and Regeneration Act 2008

This section has no associated Explanatory Notes

6(1)Section 5 (security of tenure) is amended as follows.E+W

(2)For subsection (1) substitute—

(1)An assured tenancy cannot be brought to an end by the landlord except by—

(a)obtaining—

(i)an order of the court for possession of the dwelling-house under section 7 or 21, and

(ii)the execution of the order,

(b)obtaining an order of the court under section 6A (demotion order), or

(c)in the case of a fixed term tenancy which contains power for the landlord to determine the tenancy in certain circumstances, by the exercise of that power,

and, accordingly, the service by the landlord of a notice to quit is of no effect in relation to a periodic assured tenancy.

(1A)Where an order of the court for possession of the dwelling-house is obtained, the tenancy ends when the order is executed.

(3)In subsection (2)(a) after “court” insert “ of the kind mentioned in subsection (1)(a) or (b) or any other order of the court ”.

Commencement Information

I1Sch. 11 para. 6 in force at 20.5.2009 by S.I. 2009/1261, arts. 2, 3