The Housing (Replacement of Terminated Tenancies) (Successor Landlords) (Wales) Order 2009

Nature of replacement tenancies

4.  Paragraph 17 applies as if there were substituted for it—

“17.   The new tenancy is to be—

(a) a secure tenancy if—

(i) the original tenancy was—

(aa) a secure tenancy,

(bb) an assured tenancy (whether or not an assured shorthold tenancy),

(cc) an introductory tenancy, or

(dd) a demoted tenancy,

(ii) the new tenancy satisfies the conditions for a secure tenancy in accordance with Part IV of the Housing Act 1985(1),

(iii) the new tenancy is one which, by virtue of subsection (2) of section 1 of the Housing Act 1988(2), cannot be an assured tenancy,

(iv) where the original tenancy was an assured shorthold tenancy or an introductory tenancy, no election by the successor landlord under section 124 of the Housing Act 1996(3) is in force on the day on which the new tenancy arises, and

(v) where the original tenancy was a demoted tenancy, the successor landlord is not a person entitled to apply for an order of the court under section 82A of the Housing Act 1985 (a demotion order)(4),

(b) an assured shorthold tenancy if—

(i) the original tenancy was—

(aa) an assured shorthold tenancy,

(bb) an introductory tenancy, or

(cc) a demoted tenancy(5),

(ii) the new tenancy is not one which, by virtue of subsection (2) of section 1 of the Housing Act 1988, cannot be an assured tenancy,

(iii) the new tenancy is not one which falls within any paragraph of Schedule 2A to the Housing Act 1988(6),

(iv) the new tenancy does not satisfy the conditions for a secure tenancy in accordance with Part IV of the Housing Act 1985, and

(v) where the original tenancy was a demoted tenancy, the successor landlord is not a registered social landlord,

(c) an assured tenancy which is not an assured shorthold tenancy if—

(i) the original tenancy was—

(aa) an assured tenancy which was not an assured shorthold tenancy, or

(bb) a secure tenancy,

(ii) the new tenancy is not one which, by virtue of subsection (2) of section 1 of the Housing Act 1988, cannot be an assured tenancy, and

(iii) the new tenancy does not satisfy the conditions for a secure tenancy in accordance with Part IV of the Housing Act 1985,

(d) an introductory tenancy if—

(i) the original tenancy was—

(aa) an introductory tenancy, or

(bb) an assured shorthold tenancy,

(ii) the new tenancy is one which, by virtue of subsection (2) of section 1 of the Housing Act 1988, cannot be an assured tenancy,

(iii) an election by the successor landlord under section 124 of the Housing Act 1996 is in force on the day on which the new tenancy arises, and

(iv) but for that election, the new tenancy would be a secure tenancy because it satisfies the conditions for a secure tenancy in accordance with Part IV of the Housing Act 1985,

(e) a demoted tenancy to which section 20B of the Housing Act 1988(7) applies if—

(i) the original tenancy was a demoted tenancy, and

(ii) the successor landlord is a registered social landlord, or

(f) a demoted tenancy to which section 143A of the Housing Act 1996(8) applies if—

(i) the original tenancy was a demoted tenancy, and

(ii) the new tenancy satisfies the first and second conditions in section 143A of the Housing Act 1996.”.

(1)

1985 c. 68; see in particular sections 79(1) and (2), 80 and 81. Section 80 was amended by section 24(2) of, and paragraph 26 of Part II of Schedule 5 to, the Housing and Planning Act 1986 (c. 63), sections 83(2) and 140 of, and Schedule 18 to, the Housing Act 1988 (c. 50) (for savings, see section 35 of the Housing Act 1988), and sections 140 and 152 of, and paragraph 5 of Schedule 16 and Part IV of Schedule 8 to, the Government of Wales Act 1998 (c. 38) and S.I. 1996/2325.

(2)

1988 c. 50.

(3)

1996 c. 52.

(4)

Section 82A was inserted by section 14(2) of the Anti-social Behaviour Act 2003 (c. 38) and amended by paragraph 12 of Schedule 14 to the Police and Justice Act 2006 (c. 48).

(5)

See definition of 'demoted tenancy' in paragraph 26(1) of Schedule 11 to the Housing and Regeneration Act 2008.

(6)

Schedule 2A was inserted by section 96(2) of, and Schedule 7 to, the Housing Act 1996.

(7)

Section 20B was inserted by section 15(1) of the Anti-social Behaviour Act 2003.

(8)

Section 143A was inserted by section 14(5) of, and paragraph 1 of Schedule 1 to, the Anti-social Behaviour Act 2003.