1E+WThe Housing Act 1985 is amended as follows.
Commencement Information
I1Sch. 11 para. 1 in force at 20.5.2009 by S.I. 2009/1261, arts. 2, 3
2(1)Section 82 (security of tenure: date on which secure tenancy comes to an end as a result of a possession order etc.) is amended as follows.E+W
(2)In subsection (1) for “by obtaining an order” substitute “ as ”.
(3)For subsections (1A) and (2) substitute—
“(1A)The tenancy may be brought to an end by the landlord—
(a)obtaining—
(i)an order of the court for the possession of the dwelling-house, and
(ii)the execution of the order,
(b)obtaining an order under subsection (3), or
(c)obtaining a demotion order under section 82A.
(2)In the case mentioned in subsection (1A)(a), the tenancy ends when the order is executed.”
Commencement Information
I2Sch. 11 para. 2 in force at 20.5.2009 by S.I. 2009/1261, arts. 2, 3
3(1)Section 85 (extended discretion of court in certain proceedings for possession) is amended as follows.E+W
(2)In subsection (3)(a) omit the words from “or payments” to “profits),”.
(3)For subsection (4) substitute—
“(4)The court may discharge or rescind the order for possession if it thinks it appropriate to do so having had regard to—
(a)any conditions imposed under subsection (3), and
(b)the conduct of the tenant in connection with those conditions.”
(4)Omit subsections (5) and (5A).
Commencement Information
I3Sch. 11 para. 3(1)(2)(4) in force at 20.5.2009 by S.I. 2009/1261, arts. 2, 3
4E+WIn Schedule 3 (grounds for withholding consent to assignment by way of exchange) for Ground 1 substitute—
The tenant or the proposed assignee is subject to an order of the court for the possession of the dwelling-house of which he is the secure tenant.”
Commencement Information
I4Sch. 11 para. 4 in force at 20.5.2009 by S.I. 2009/1261, arts. 2, 3