PART 2

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Residential tenancies

Order for possession of dwelling-house
41
1
The Housing Act 1988 is amended in accordance with subsections (2) to (5).
2
In Part 1 of Schedule 2 (assured tenancies: grounds on which court must order possession) after Ground 7A insert—

Ground 7B
Both of the following conditions are met in relation to a dwelling-house in England.
Condition 1 is that the Secretary of State has given a notice in writing to the landlord or, in the case of joint landlords, one or more of them which identifies—
a
the tenant or, in the case of joint tenants, one or more of them, or
b
one or more other persons aged 18 or over who are occupying the dwelling-house,
as a person or persons disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy.
Condition 2 is that the person or persons named in the notice—
a
fall within paragraph (a) or (b) of condition 1, and
b
are disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy.
For the purposes of this ground a person (“P”) is disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy if—
a
P is not a relevant national, and
b
P does not have a right to rent in relation to the dwelling-house.
P does not have a right to rent in relation to the dwelling-house if—
a
P requires leave to enter or remain in the United Kingdom but does not have it, or
b
P's leave to enter or remain in the United Kingdom is subject to a condition preventing P from occupying the dwelling-house.
But P is to be treated as having a right to rent in relation to a dwelling-house if the Secretary of State has granted P permission for the purposes of this ground to occupy a dwelling-house under an assured tenancy.
In this ground “relevant national” means—
a
a British citizen,
b
a national of an EEA State other than the United Kingdom, or
c
a national of Switzerland.
3
In section 7 (orders for possession)—
a
in subsection (3) after “subsections (5A) and (6)” insert “ and section 10A ”,
b
in subsection (5A)(a) for “and 7A” substitute “ , 7A and 7B ”,
c
in subsection (6)(a) after “Ground 7A” insert “ , Ground 7B ”, and
d
after subsection (6A) insert—
6B
The requirement in subsection (6)(b) that would otherwise apply to an order for possession of a dwelling-house let on an assured fixed term tenancy does not apply where the ground for possession is Ground 7B in Part 1 of Schedule 2 to this Act.
4
In section 8(5) (cases where court may not dispense with notice of proceedings for possession) after “Ground 7A” insert “ , 7B ”.
5
After section 10 insert—

Power to order transfer of tenancy in certain cases
10A
1
This section applies on an application for an order for possession of a dwelling-house let on an assured tenancy if the court is satisfied that—
a
Ground 7B in Schedule 2 is established,
b
no other ground in that Schedule is established, or one or more grounds in Part 2 of that Schedule are established but it is not reasonable to make an order for possession on that ground or those grounds,
c
the tenancy is a joint tenancy, and
d
one or more of the tenants is a qualifying tenant.
2
In subsection (1)(d) “qualifying tenant” means a person who (within the meaning of Ground 7B) is not disqualified as a result of the person's immigration status from occupying the dwelling-house under the tenancy.
3
The court may, instead of making an order for possession, order that the tenant's interest under the tenancy is to be transferred so that it is held—
a
if there is one qualifying tenant, by the qualifying tenant as sole tenant, or
b
if there is more than one qualifying tenant, by all of them as joint tenants.
4
The effect of an order under this section is that, from the time the order takes effect, the qualifying tenant or tenants—
a
are entitled to performance of the landlord's covenants under the tenancy, and
b
are liable to perform the tenant's covenants under the tenancy.
5
The effect of an order under this section is that, from the time it takes effect, any other person who was a tenant under the tenancy before the order took effect—
a
ceases to be entitled to performance of the landlord's covenants under the tenancy, or
b
ceases to be liable to perform the tenant's covenants under the tenancy.
6
Subsection (5) does not remove any right or liability of the person which accrued before the order took effect.
7
An order under this section does not operate to create a new tenancy as between the landlord and the qualifying tenant or tenants.
8
In particular, if the tenancy is a fixed term tenancy, the term comes to an end at the same time as if the order had not been made.
6
In Part 1 of Schedule 15 to the Rent Act 1977 (grounds for possession of dwelling-houses let on or subject to protected or statutory tenancies) after Case 10 insert—

Case 10A
Both of the following conditions are met in relation to a dwelling-house in England.
Condition 1 is that the Secretary of State has given a notice in writing to the landlord or, in the case of joint landlords, one or more of them which identifies—
a
the tenant or, in the case of joint tenants, one or more of them, or
b
one or more other persons aged 18 or over who are occupying the dwelling-house,
as a person or persons disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy.
Condition 2 is that the person or persons named in the notice—
a
fall within paragraph (a) or (b) of condition 1, and
b
are disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy.
For the purposes of this case a person (“P”) is disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy if—
a
P is not a relevant national, and
b
P does not have a right to rent in relation to the dwelling-house.
P does not have a right to rent in relation to the dwelling-house if—
a
P requires leave to enter or remain in the United Kingdom but does not have it, or
b
P's leave to enter or remain in the United Kingdom is subject to a condition preventing P from occupying the dwelling-house.
But P is to be treated as having a right to rent in relation to a dwelling-house if the Secretary of State has granted P permission for the purposes of this case to occupy a dwelling-house which is for the time being let on a protected tenancy or subject to a statutory tenancy.
In this case “relevant national” means—
a
a British citizen,
b
a national of an EEA State other than the United Kingdom, or
c
a national of Switzerland.
7
The amendments made by this section apply in relation to a tenancy entered into before or after the coming into force of this section.
S. 41 in force at 1.12.2016 by S.I. 2016/1037, reg. 5(e)