SCHEDULES
SCHEDULE 11Possession orders relating to certain tenancies
Part 1Amendments to the Housing Acts of 1985, 1988 and 1996
Housing Act 1988 (c. 50)
I15
The Housing Act 1988 is amended as follows.
I26
1
Section 5 (security of tenure) is amended as follows.
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
”
.
I37
In section 7(7)
(possession orders in cases of fixed term tenancies which have come to an end) for “on the day on which the order takes effect” substitute “
in accordance with section 5(1A)
”
.
8
I41
Section 9 (extended discretion of court in possession claims) is amended as follows.
I42
In subsection (3) omit the words from “or payments” to “profits)”.
3
For subsection (4) substitute—
4
The court may discharge or rescind any such order as is referred to in subsection (2) 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.
I44
Omit subsections (5) and (5A).
I59
1
Section 21 (recovery of possession on expiry or termination of assured shorthold tenancies) is amended as follows.
2
In subsection (3) for “on the day on which the order takes effect” substitute “
in accordance with section 5(1A)
”
.
3
After subsection (4) insert—
4A
Where a court makes an order for possession of a dwelling-house by virtue of subsection (4) above, the assured shorthold tenancy shall end in accordance with section 5(1A).