SCHEDULES
SCHEDULE 11Possession orders relating to certain tenancies
C1C2Part 2Replacement of certain terminated tenancies
Sch. 11 Pt. 2 applied (with modifications) (W.) (21.5.2009) by Housing (Replacement of Terminated Tenancies) (Successor Landlords) (Wales) Order 2009 (S.I. 2009/1260), arts. 1(1), arts. 2-7
Continuity of tenancies
I1I2C121
1
The new tenancy and the original tenancy are to be treated for the relevant purposes as—
a
the same tenancy, and
b
a tenancy which continued uninterrupted throughout the termination period.
2
The relevant purposes are—
a
determining whether the ex-tenant is a successor in relation to the new tenancy,
b
calculating on or after the commencement date the period qualifying, or the aggregate of such periods, under Schedule 4 to the Housing Act 1985 (c. 68) (qualifying period for right to buy and discount),
c
determining on or after the commencement date whether the condition set out in paragraph (b) of Ground 8 of Schedule 2 to that Act is met, and
d
any other purposes specified by the appropriate national authority by order.
3
In proceedings on a relevant claim the court concerned may order that the new tenancy and the original tenancy are to be treated for the purposes of the claim as—
a
the same tenancy, and
b
a tenancy which continued uninterrupted throughout the termination period.
4
The following are relevant claims—
a
a claim by the ex-tenant or the ex-landlord against the other for breach of a term or condition of the original tenancy—
i
in respect of which proceedings are brought on or after the commencement date, or
ii
in respect of which proceedings were brought, but were not finally determined, before that date,
b
a claim by the ex-tenant against the ex-landlord for breach of statutory duty in respect of which proceedings are or were brought as mentioned in paragraph (a)(i) or (ii), and
c
any other claim of a description specified by the appropriate national authority by order.
5
For the purposes of sub-paragraph (4)(a) proceedings must be treated as finally determined if—
a
they are withdrawn,
b
any appeal is abandoned, or
c
the time for appealing has expired without an appeal being brought.
Sch. 11 Pt. 2 applied (with modifications) (E.) (20.5.2009) by Housing (Replacement of Terminated Tenancies) (Successor Landlords) (England) Order 2009 (S.I. 2009/1262), arts. 1(1), arts. 2-7