SCHEDULES

SCHEDULE 29E+WResidential tenancies in England and Wales: protection from eviction

Introductory tenanciesE+W

8E+WSection 128 of the Housing Act 1996 (notice of proceedings for possession of a dwelling-house let under an introductory tenancy) is to be read, in relation to notices served under that section during the relevant period, as if—

(a)in subsection (4) the second sentence were omitted, F1...

(b)after subsection (4) there were inserted—

“(4A)The date specified in accordance with subsection (4)—

(a)must not be earlier than the end of the period of [F2—

(i)in relation to a dwelling-house in England, the relevant notice period beginning with the date on which the notice of proceedings is served, and

(ii)in relation to a dwelling-house in Wales] [F3—

(aa)four weeks beginning with the date on which the notice of proceedings is served where the landlord has specified in the notice of proceedings an ASB reason for applying for a possession order (whether or not the landlord has any other reason), and

(ab)in any other case, six months from the date on which the notice of proceedings is served], and

(b)must not be earlier than the date on which the tenancy could, apart from this Chapter, be brought to an end by notice to quit given by the landlord on the same date as the notice of proceedings.”

[F4, and

(c)after subsection (7) there were inserted—

“(8)In this section—

  • “relevant notice period” means—

    (a)

    where the landlord has specified in the notice of proceedings an ASB reason for applying for a possession order (whether or not the landlord has any other reason), four weeks, F5...

    (aa)

    [F6where paragraph (a) does not apply and the landlord has specified in the notice of proceedings a reason for applying for a possession order which corresponds to Ground 5 of Schedule 2 to the Housing Act 1985 (whether or not the landlord has any other reason), four weeks,]

    (b)

    [F7where paragraphs (a) and (aa) do not apply and the landlord has specified in the notice of proceedings only a reason for applying for a possession order which corresponds to Ground 1 of Schedule 2 to the Housing Act 1985 and at the time the notice is served—

    (i)

    at least four months’ rent is unpaid, four weeks,

    (ii)

    less than four months’ rent is unpaid, and the notice is served on or after 1 August 2021, two months, and

    (c)

    in any other case, four months;]

  • “ASB reason” means [F8, in relation to a dwelling-house in England,] a reason which corresponds to any of those set out in section 84A(3) to (7) of the Housing Act 1985 or Grounds 2, 2ZA and 2A of Schedule 2 to that Act [F9and, in relation to a dwelling-house in Wales, a reason which corresponds to any of those set out in section 84A(3) to (7) of the Housing Act 1985 or Grounds 2 and 2A of Schedule 2 to that Act].”.]

Textual Amendments