SCHEDULES
SCHEDULE 11Possession orders relating to certain tenancies
Part 1Amendments to the Housing Acts of 1985, 1988 and 1996
Housing Act 1985 (c. 68)
I31
The Housing Act 1985 is amended as follows.
I22
1
Section 82 (security of tenure: date on which secure tenancy comes to an end as a result of a possession order etc.) is amended as follows.
2
In subsection (1) for “by obtaining an order” substitute “
as
”
.
3
For subsections (1A) and (2) substitute—
1A
The tenancy may be brought to an end by the landlord—
a
obtaining—
i
an order of the court for the possession of the dwelling-house, and
ii
the execution of the order,
b
obtaining an order under subsection (3), or
c
obtaining a demotion order under section 82A.
2
In the case mentioned in subsection (1A)(a), the tenancy ends when the order is executed.
3
I11
Section 85 (extended discretion of court in certain proceedings for possession) is amended as follows.
I12
In subsection (3)(a) omit the words from “or payments” to “profits),”.
3
For subsection (4) substitute—
4
The court may discharge or rescind the order for possession if it thinks it appropriate to do so having had regard to—
a
any conditions imposed under subsection (3), and
b
the conduct of the tenant in connection with those conditions.
I14
Omit subsections (5) and (5A).
I44
In Schedule 3 (grounds for withholding consent to assignment by way of exchange) for Ground 1 substitute—
Ground 1
The tenant or the proposed assignee is subject to an order of the court for the possession of the dwelling-house of which he is the secure tenant.