PART 1Possession Proceedings
Secure tenanciesI32
1
Despite the amendments made by the 2022 Consequential Regulations, the following provisions of the 1985 Act continue to have effect, as they did immediately before the appointed day, in relation to the specified matters—
a
section 83(1)17 (proceedings for possession or termination: general notice requirements), in relation to a notice served on the tenant in accordance with that section before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day;
b
section 83ZA(2)18 (notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour), in relation to a notice served on the tenant in accordance with that section before the appointed day;
c
section 83A(1)19 (additional requirements in relation to certain proceedings for possession), in relation to a notice served on the tenant in accordance with section 83 of the 1985 Act before the appointed day (but see paragraph (2) of this regulation);
d
section 83A(2)20, in relation to a notice served on the tenant in accordance with section 83 or 83ZA of the 1985 Act before the appointed day (but see paragraph (2) of this regulation);
e
section 83A(3)21, in relation to a notice served on the tenant in accordance with section 83 or 83ZA of the 1985 Act before the appointed day;
f
section 83A(4)22 and (6), in relation to a notice served on the tenant in accordance with section 83 or 83ZA of the 1985 Act before the appointed day (whether Ground 2A of Schedule 2 to the 1985 Act is added to that notice before or after that day);
g
section 83A(5)23, in relation to a notice served on the tenant in accordance with section 83 or 83ZA of the 1985 Act before the appointed day;
h
section 84(1)24 (grounds and orders for possession), in relation to a notice served on the tenant in accordance with section 83 or 83ZA of the 1985 Act before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day and to which section 83(1)(b) of the 1985 Act applies;
i
section 84(2)25, in relation to a notice served on the tenant in accordance with section 83 or 83ZA of the 1985 Act before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day and to which section 83(1)(b) of the 1985 Act applies;
j
section 84(3)26, in relation to a notice served on the tenant in accordance with section 83 or 83ZA of the 1985 Act before the appointed day;
k
section 84(4)27, in relation to a notice served on the tenant in accordance with section 83(3) of the 1985 Act before the appointed day;
l
section 84A(1) to (9)28 (absolute ground for possession for anti-social behaviour), in relation to a notice served on the tenant in accordance with section 83ZA of the 1985 Act before the appointed day;
m
section 8529 (extended discretion of court in certain proceedings for possession), in relation to a notice served on the tenant in accordance with section 83 or 83ZA of the 1985 Act before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day and to which section 83(1)(b) of the 1985 Act applies;
n
section 85ZA(1) and (2)30 (review of decision to seek possession on absolute ground for anti-social behaviour), in relation to a notice served on the tenant in accordance with section 83ZA of the 1985 Act before the appointed day;
o
section 85ZA(3) to (6), in relation to a notice served on the tenant in accordance with section 83ZA of the 1985 Act before the appointed day (whether the request for a review was made before or after that day);
p
section 85A31 (proceedings for possession on non-absolute grounds: anti-social behaviour), in relation to a notice served on the tenant in accordance with section 83 or 83ZA of the 1985 Act before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day and to which section 83(1)(b) of the 1985 Act applies;
q
Schedule 232 (grounds for possession of dwelling-houses let under secure tenancies), in relation to a notice served on the tenant in accordance with section 83 or 83ZA of the 1985 Act before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day and to which section 83(1)(b) of the 1985 Act applies;
r
Schedule 2A33 (absolute ground for possession for anti-social behaviour: serious offences), in relation to a notice served on the tenant in accordance with section 83ZA of the 1985 Act before the appointed day.
2
Despite the amendments made by the 2022 Consequential Regulations—
a
section 83(3)(b) and 83(4)(b) of the 1985 Act continue to have effect, but as if for “twelve months after the date so specified” there were substituted “twelve months after the date so specified, or six months after the appointed day, whichever comes first”
,
b
section 83ZA(9)(b) of the 1985 Act continues to have effect, but as if for “12 months after the date so specified” there were substituted “12 months after the date so specified, or 6 months after the appointed day, whichever comes first”
, and
c
a reference to a time when the notice is still in force in section 83A(1) and (2) of the 1985 Act (as saved by paragraph (1)(c) and (d) of this regulation) is to be read accordingly.
3
Paragraph (2) of this regulation takes precedence over any contrary provision in any notice served on the tenant in accordance with section 83 or 83ZA of the 1985 Act before the appointed day.
4
Section 206(1) of the 2016 Act (effect of order for possession) applies in relation to an order for possession made by the court in accordance with section 84 or 84A of the 1985 Act after the appointed day (by virtue of savings made in this regulation), as it applies in relation to an order for possession made under the 2016 Act.
5
Despite the amendments made by the 2022 Consequential Regulations and the 2022 Secondary Consequential Regulations, the Secure Tenancies (Absolute Ground for Possession for Anti-social Behaviour) (Review Procedure) (Wales) Regulations 201434 continue to have effect in relation to a review conducted under section 85ZA of the 1985 Act by virtue of savings made in this regulation (whether the review is conducted, in whole or in part, before or after the appointed day).
6
Despite the amendments made by the 2022 Consequential Regulations, section 82(2)35 of the 1985 Act (security of tenure) continues to have effect in relation to a possession order made by the court under section 84 or 84A of the 1985 Act before the appointed day.
7
Any savings in this regulation which relate to a notice served on the tenant in accordance with section 83 or 83ZA of the 1985 Act before the appointed day, have effect whether proceedings were commenced before or after that day.
8
Any savings in this regulation which relate to proceedings commenced before the appointed day and to which section 83(1)(b) of the 1985 Act applies, have effect whether the court dispensed with the requirement to serve a notice before or after the appointed day.
Assured tenanciesI43
1
Despite the amendments made by the 2022 Consequential Regulations, the following provisions of the 1988 Act continue to have effect, as they did immediately before the appointed day, in relation to the specified matters—
a
section 736 (orders for possession), in relation to a notice served on the tenant in accordance with section 837 of the 1988 Act before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day and to which section 8(1)(b) of the 1988 Act applies;
b
section 8(1)38 (notice of proceedings for possession), in relation to a notice served on the tenant in accordance with that section before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day (but see paragraph (2) of this regulation);
c
section 8(2), in relation to a notice served on the tenant in accordance with that section before the appointed day;
d
section 8(5)39, in relation to proceedings commenced before the appointed day where the court has not yet exercised its power conferred by section 8(1)(b) of the 1988 Act;
e
section 8A(1)40 (additional notice requirements: ground of domestic violence), in relation to a notice served on the tenant in accordance with section 8 of the 1988 Act before the appointed day;
f
section 8A(2) and (3), in relation to a notice served on the tenant in accordance with section 8 of the 1988 Act before the appointed day (whether Ground 14A is added before or after that day);
g
section 941 (extended discretion of court in possession claims), in relation to a notice served on the tenant in accordance with section 8 of the 1988 Act before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day and to which section 8(1)(b) of the 1988 Act applies;
h
section 9A42 (proceedings for possession on non-absolute grounds: anti-social behaviour), in relation to a notice served on the tenant in accordance with section 8 of the 1988 Act before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day and to which section 8(1)(b) of the 1988 Act applies;
i
section 10(2) (special provisions applicable to shared accommodation), in relation to a notice served on the tenant in accordance with section 8 of the 1988 Act before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day and to which section 8(1)(b) of the 1988 Act applies;
j
sections 11 (payment of removal expenses in certain cases) and 12 (compensation for misrepresentation or concealment), in relation to an order for possession made before or after the appointed day (by virtue of savings made in this regulation);
k
section 21(1)43 (recovery of possession on expiry or termination of assured shorthold tenancy), in relation to a notice served on the tenant in accordance with that subsection before the appointed day (but see paragraph (5));
l
section 21(4)44, in relation to a notice served on the tenant in accordance with that subsection before the appointed day (but see paragraph (5));
m
n
Schedule 247 (grounds for possession of dwelling-houses let on assured tenancies), in relation to a notice served on the tenant in accordance with section 8 of the 1988 Act before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day and to which section 8(1)(b) of the 1988 Act applies.
2
Despite the amendments made by the 2022 Consequential Regulations—
a
sections 8(3)(c) of the 1988 Act continues to have effect after the appointed day, but as if for “twelve months from the date of service of the notice” there were substituted “twelve months from the date of service of the notice, or six months after the appointed day, whichever comes first”
, and
b
a reference to the time limits stated in the notice in section 8(1)(a) (as saved by paragraph (1)(b) of this regulation) is to be read accordingly.
3
Paragraph (2) of this regulation takes precedence over any contrary provision in any notice served on the tenant in accordance with section 8 of the 1988 Act before the appointed day.
4
Section 206(1) of the 2016 Act (effect of order for possession) applies in relation to an order for possession made by the court under section 7 or 21 of the 1988 Act after the appointed day (by virtue of savings made in this regulation), as it applies in relation to an order for possession made under the 2016 Act.
5
A notice served on the tenant in accordance with section 21(1) or (4) of the 1988 Act before the appointed day, ceases to have effect (and no new possession proceedings may be commenced in reliance of the notice)—
a
at the end of the period of two months beginning with the appointed day, or
b
on expiry of the period of two months beginning with the day specified in the notice as the day on which possession is required in accordance with section 21(1)(b) or (4)(a) of the 1988 Act,
whichever is the later.
6
Despite the amendments made by the 2022 Consequential Regulations, section 5(1A)48 of the 1988 Act continues to have effect in relation to a possession order made by the court under section 7 or 21 of the 1988 Act before the appointed day.
7
Any savings in this regulation which relate to a notice served on the tenant in accordance with section 8 or 21 of the 1988 Act before the appointed day, have effect whether proceedings were commenced before or after that day.
8
Any savings in this regulation which relate to proceedings commenced before the appointed day and to which section 8(1)(b) of the 1988 Act applies, have effect whether the court dispensed with the requirement to serve a notice before or after the appointed day.
Introductory tenanciesI24
1
Despite the amendments made by the 2022 Consequential Regulations, the following provisions of the 1996 Act continue to have effect, as they did immediately before the appointed day, in relation to the specified matters—
a
section 127(2)49 (proceedings for possession), in relation to a notice served on the tenant in accordance with section 128 of the 1996 Act before the appointed day;
b
section 128(1) and (5) (notice of proceedings for possession), in relation to a notice served on the tenant in accordance with section 128 of the 1996 Act before the appointed day;
c
section 129(1) (review of decision to seek possession), in relation to a notice served on the tenant in accordance with section 128 of the 1996 Act before the appointed day;
d
section 129(2), (5) and (6), in relation to a notice served on the tenant in accordance with section 128 of the 1996 Act before the appointed day (whether the request for a review was made, or the review was conducted, before or after the appointed day);
e
section 130(1) to (3)50 (effect of beginning proceedings for possession), in relation to proceedings begun before the appointed day for the possession of a dwelling-house let under an introductory tenancy that ended prior to that day in accordance with that section.
2
Section 206(1) of the 2016 Act (effect of order for possession) applies in relation to an order for possession made by the court under section 127 of the 1996 Act after the appointed day (by virtue of savings made in this regulation), as it applies in relation to an order for possession made under the 2016 Act.
3
Despite the amendments made by the 2022 Consequential Regulations, section 127(1) and (1A) of the 1996 Act continues to have effect in relation to a possession order made by the court under that section before the appointed day.
4
Despite the amendments made by the 2022 Secondary Consequential Regulations, the Introductory Tenants (Review) Regulations 199751 continue to have effect in relation to a review conducted under section 129 of the 1996 Act by virtue of savings made in this regulation (whether the review is conducted, in whole or in part, before or after the appointed day).
5
A notice served on the tenant under section 128 of the 1996 Act before the appointed day ceases to have effect (and no new possession proceedings may be commenced in reliance of the notice)—
a
at the end of the period of six months beginning with the appointed day, or
b
at the end of the period of twelve months beginning with the day specified in the notice as the day after which proceedings may be begun in accordance with section 128(4) of the 1996 Act,
whichever is the earlier.
6
Any savings in this regulation which relate to a notice served on the tenant in accordance with section 128 of the 1996 Act before the appointed day, have effect whether proceedings were commenced before or after that day.
Demoted tenanciesI15
1
Despite the amendments made by the 2022 Consequential Regulations, the following provisions of the 1996 Act continue to have effect, as they did immediately before the appointed day, in relation to the specified matters—
a
b
section 143E(1) and (4) (notice of proceedings for possession), in relation to a notice served on the tenant in accordance with section 143E before the appointed day;
c
section 143F(1)54 (review of decision to seek possession), in relation to a notice served on the tenant in accordance with section 143E before the appointed day;
d
section 143F(2), (5) and (6), in relation to a notice served on the tenant in accordance with section 143E before the appointed day (whether the request for a review was made, or the review was conducted, before or after the appointed day);
e
section 143G55 (effect of proceedings for possession), in relation to proceedings begun before the appointed day for the possession of a dwelling-house let under a demoted tenancy that ended prior to that day in accordance with that section.
2
Section 206(1) of the 2016 Act (effect of order for possession) applies in relation to an order for possession made by the court under section 143D(2) of the 1996 Act after the appointed day (by virtue of savings made in this regulation), as it applies in relation to an order for possession made under the 2016 Act.
3
Despite the amendments made by the 2022 Consequential Regulations, section 143D(1) and (1A) of the 1996 Act continue to have effect in relation to a possession order made by the court under that section before the appointed day.
4
Despite the amendments made by the 2022 Secondary Consequential Regulations, the Demoted Tenancies (Review of Decisions) (Wales) Regulations 200556 continue to have effect in relation to reviews conducted under section 143F of the 1996 Act by virtue of savings made in this regulation (whether the reviews are conducted, in whole or in part, before or after the appointed day).
5
A notice served on the tenant under section 143E of the 1996 Act before the appointed day ceases to have effect (and no new possession proceedings may be commenced in reliance of the notice)—
a
at the end of the period of six months beginning with the appointed day, or
b
at the end of the period of twelve months beginning with the day specified in the notice as the day after which proceedings may be begun in accordance with section 143E(2)(c) of the 1996 Act,
whichever is the earlier.
6
Any savings in this regulation which relate to a notice served on the tenant in accordance with section 143E of the 1996 Act before the appointed day, have effect whether proceedings were commenced before or after that day.