SCHEDULE 17 Minor and Consequential Amendments
Section 140.
Part I General Amendments
The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951
1 In section 4 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (recovery of possession of dwelling-houses in default of payment of rent precluded in certain cases) after subsection (2) there shall be inserted the following subsection—
(2A) For the purposes of the foregoing provisions of this Act, a judgment or order for the recovery of possession of a dwelling-house let on an assured tenancy within the meaning of Part I of the Housing Act 1988 shall be regarded as a judgment or order for the recovery of possession in default of payment of rent if the judgment or order was made on any of Grounds 8, 10 and 11 in Schedule 2 to that Act and not on any other ground.
2 For section 16 of that Act (protection of tenure of rented premises by extension of Rent Acts), as it applies otherwise than to Scotland, there shall be substituted the following section—
Protection of tenure of certain rented premises by extension of Housing Act 1988.
16 (1) Subject to subsection (2) of section 14 of this Act and subsection (3) below, if at any time during a service man’s period of residence protection—
(a) a tenancy qualifying for protection which is a fixed term tenancy ends without being continued or renewed by agreement (whether on the same or different terms and conditions), and
(b) by reason only of such circumstances as are mentioned in subsection (4) below, on the ending of that tenancy no statutory periodic tenancy of the rented family residence would arise, apart from the provisions of this section,
Chapter I of Part I of the Housing Act 1988 shall, during the remainder of the period of protection, apply in relation to the rented family residence as if those circumstances did not exist and had not existed immediately before the ending of that tenancy and, accordingly, as if on the ending of that tenancy there arose a statutory periodic tenancy which is an assured tenancy during the remainder of that period.
(2) Subject to subsection (2) of section 14 of this Act and subsection (3) below, if at any time during a service man’s period of residence protection—
(a) a tenancy qualifying for protection which is a periodic tenancy would come to an end, apart from the provisions of this section, and
(b) by reason only of such circumstances as are mentioned in subsection (4) below that tenancy is not an assured tenancy, and
(c) if that tenancy had been an assured tenancy, it would not have come to an end at that time,
Chapter I of Part I of the Housing Act 1988 shall, during the remainder of the period of protection, apply in relation to the rented family residence as if those circumstances did not exist and, accordingly, as if the tenancy had become an assured tenancy immediately before it would otherwise have come to an end.
(3) Neither subsection (1) nor subsection (2) above applies if, on the ending of the tenancy qualifying for protection, a statutory tenancy arises.
(4) The circumstances referred to in subsections (1) and (2) above are any one or more of the following, that is to say,—
(a) that the tenancy was entered into before, or pursuant to a contract made before, Part I of the Housing Act 1988 came into force;
(b) that the rateable value (as defined for the purposes of that Act) of the premises which are the rented family residence, or of a property of which those premises form part, exceeded the relevant limit specified in paragraph 2 of Schedule 1 to that Act;
(c) that the circumstances mentioned in paragraph 3 or paragraph 6 of that Schedule applied with respect to the tenancy qualifying for protection; and
(d) that the reversion immediately expectant on the tenancy qualifying for protection belongs to any of the bodies specified in paragraph 12 of that Schedule.
3 For the said section 16, as it applies to Scotland, there shall be substituted the following section—
Protection of tenure of certain rented premises by extension of Housing (Scotland) Act 1988.
16 (1) Subject to subsection (2) of section 14 of this Act and subsection (3) below, if at any time during a service man’s period of residence protection—
(a) a tenancy qualifying for protection ends without being continued or renewed by agreement (whether on the same or different terms and conditions), and
(b) by reason only of such circumstances as are mentioned in subsection (4) below, on the ending of that tenancy no statutory tenancy of the rented family residence would arise, apart from the provisions of this section,
sections 12 to 31 of the Housing (Scotland) Act 1988 shall, during the remainder of the period of protection, apply in relation to the rented family residence as if those circumstances did not exist and had not existed immediately before the ending of that tenancy and, accordingly, as if on the ending of that tenancy there arose a statutory assured tenancy during the remainder of that period.
(2) Subject to subsection (2) of section 14 of this Act and subsection (3) below, if at any time during a service man’s period of residence protection—
(a) a tenancy qualifying for protection would come to an end, apart from the provisions of this section,
(b) by reason only of such circumstances as are mentioned in subsection (4) below that tenancy is not an assured tenancy, and
(c) if that tenancy had been an assured tenancy, it would not have come to an end at that time,
sections 12 to 31 of the Housing (Scotland) Act 1988 shall, during the remainder of the period of protection, apply in relation to the rented family residence as if those circumstances did not exist and, accordingly, as if the tenancy had become an assured tenancy immediately before it would otherwise have come to an end.
(3) Neither subsection (1) nor subsection (2) above applies if, on the ending of the tenancy qualifying for protection, a statutory tenancy arises.
(4) The circumstances referred to in subsections (1) and (2) above are one or more of the following, that is to say—
(a) that the circumstances mentioned in paragraph 2 of Schedule 4 to the Housing (Scotland) Act 1988 applied with respect to the tenancy qualifying for protection;
(b) that the circumstances mentioned in paragraph 5 of that Schedule applied with respect to the tenancy qualifying for protection; and
(c) that the reversion immediately expectant on the tenancy qualifying for protection belongs to any of the bodies specified in paragraph 11 of that Schedule.
4 (1) Section 17 of that Act (provisions in case of rented premises which include accommodation shared otherwise than with landlord), as it applies otherwise than to Scotland, shall be amended in accordance with this paragraph.
(2) In subsection (1)—
(a) after the words “qualifying for protection” there shall be inserted “ which is a fixed term tenancy ”;
(b) in paragraph (b) for the words from “subsection (2)” to “1977” there shall be substituted “ section 16(4) above, subsection (1) of section 3 of the Housing Act 1988 ”;
(c) for the words “said section 22” there shall be substituted “ “said section 3 ”; and
(d) at the end there shall be added “ “and, accordingly, as if on the ending of the tenancy there arose a statutory periodic tenancy which is an assured tenancy during the remainder of that period ”.
(3) For subsection (2) there shall be substituted the following subsections—
(2) Where, at any time during a service man’s period of residence protection—
(a) a tenancy qualifying for protection which is a periodic tenancy would come to an end, apart from the provisions of this section and section 16 above, and
(b) paragraphs (a) and (b) of subsection (1) above apply,
section 3 of the Housing Act 1988 shall, during the remainder of the period of protection, apply in relation to the separate accommodation as if the circumstances referred to in subsection (1)(b) above did not exist and, accordingly, as if the tenancy had become an assured tenancy immediately before it would otherwise have come to an end.
(3) Neither subsection (1) nor subsection (2) above applies if, on the ending of the tenancy qualifying for protection, a statutory tenancy arises.
5 (1) The said section 17, as it applies to Scotland, shall be amended in accordance with this paragraph.
(2) In subsection (1)—
(a) in paragraph (b) for the words from “subsection (2)” to “1977” there shall be substituted the words “ “section 16(4) above, subsection (1) of section 14 of the Housing (Scotland) Act 1988 ”;
(b) for the words “said section 97” there shall be substituted the words “ “said section 14 ”; and
(c) at the end there shall be added the words “ “and, accordingly, as if on the ending of the tenancy there arose a statutory assured tenancy during the remainder of that period ”.
(3) For subsection (2) there shall be substituted the following subsections—
(2) Where, at any time during a service man’s period of residence protection—
(a) a tenancy qualifying for protection would come to an end, apart from the provisions of this section and section 16 above, and
(b) paragraphs (a) and (b) of subsection (1) above apply,
section 14 of the Housing (Scotland) Act 1988 shall, during the remainder of the period of protection, apply in relation to the separate accommodation as if the circumstances in subsection (1)(b) above did not exist and, accordingly, as if the tenancy had become an assured tenancy immediately before it would otherwise come to an end.
(3) Neither subsection (1) nor subsection (2) above applies if, on the ending of the tenancy qualifying for protection, a statutory tenancy arises.
6 (1) In section 18 of that Act (protection of tenure, in connection with employment, under a licence or rent-free letting), in subsection (1), as it applies otherwise than to Scotland,—
(a) for the words “Part VII of the Rent Act 1977” there shall be substituted “ “Chapter I of Part I of the Housing Act 1988 ”; and
(b) for the words “subject to a statutory tenancy within the meaning of the Rent Act 1977” there shall be substituted “ “let on a statutory periodic tenancy which is an assured tenancy ”.
(2) In that subsection, as it applies to Scotland,—
(a) for the words “the Rent (Scotland) Act 1971” there shall be substituted the words “ “sections 12 to 31 of the Housing (Scotland) Act 1988 ”, and
(b) for the words “subject to a statutory tenancy within the meaning of the Rent (Scotland) Act 1971” there shall be substituted the words “ “let on a statutory assured tenancy ”.
(3) Subsection (2) of that section shall be omitted.
(4) In subsection (3) of that section, as it applies otherwise than to Scotland, at the end of paragraph (c) there shall be added
or
(d) is a dwelling-house which is let on or subject to an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988 which is not an assured tenancy.
7 For section 19 of that Act (limitation on application of Rent Acts by virtue of sections 16 to 18), as it applies otherwise than to Scotland, there shall be substituted the following section—
Limitation on application of Housing Act 1988 by virtue of sections 16 to 18.
19 Where by virtue of sections 16 to 18 above, the operation of Chapter I of Part I of the Housing Act 1988 in relation to any premises is extended or modified, the extension or modification shall not affect—
(a) any tenancy of those premises other than the statutory periodic tenancy which is deemed to arise or, as the case may be, the tenancy which is for any period deemed to be an assured tenancy by virtue of any of those provisions; or
(b) any rent payable in respect of a period beginning before the time when that statutory periodic tenancy was deemed to arise or, as the case may be, before that tenancy became deemed to be an assured tenancy; or
(c) anything done or omitted to be done before the time referred to in paragraph (b) above.
8 For the said section 19, as it applies to Scotland, there shall be substituted the following section—
Limitation on application of Housing (Scotland) Act 1988 by virtue of sections 16 to 18.
19 Where by virtue of sections 16 to 18 above, the operation of sections 12 to 31 of the Housing (Scotland) Act 1988 in relation to any premises is extended or modified, the extension or modification shall not affect—
(a) any tenancy of those premises other than the statutory assured tenancy which is deemed to arise or, as the case may be, the tenancy which is for any period deemed to be an assured tenancy by virtue of any of those provisions; or
(b) any rent payable in respect of a period beginning before the time when that statutory assured tenancy was deemed to arise or, as the case may be, before that tenancy became deemed to be an assured tenancy; or
(c) anything done or omitted to be done before the time referred to in paragraph (b) above.
9 (1) Section 20 of that Act (modification of Rent Acts as respects occupation by employees), as it applies otherwise than to Scotland, shall be amended in accordance with this paragraph.
(2) In subsection (1) after the words “Case I in Schedule 15 to the Rent Act 1977” there shall be inserted “ “or Ground 12 in Schedule 2 to the Housing Act 1988 ”.
(3) In subsection (2) after the words “Case 8 in the said Schedule 15” there shall be inserted “ “or, as the case may be, Ground 16 in the said Schedule 2 ” and for paragraph (b) there shall be substituted the following paragraph—
(b) Chapter I of Part I of the Housing Act 1988 applies in relation to the premises as mentioned in section 18(1) of this Act and a dependant or dependants of the service man is or are living in the premises or in part thereof in right of the statutory periodic tenancy or assured tenancy referred to in section 19(a) of this Act
.
(4) In subsection (3)—
(a) after the words “the Cases in Part I of the said Schedule 15” there shall be inserted “ “or, as the case may be, Grounds 10 to 16 in Part II of the said Schedule 2 ”; and
(b) after the words “section 98(1) of the Rent Act 1977” there shall be inserted “ “or, as the case may be, section 7(4) of the Housing Act 1988 ”.
10 (1) The said section 20, as it applies to Scotland, shall be amended in accordance with this paragraph.
(2) In subsection (1) after the words “Case 1 in Schedule 2 to the Rent (Scotland) Act 1984” there shall be inserted the words “ “or Ground 13 in Schedule 5 to the Housing (Scotland) Act 1988 ”.
(3) In subsection (2) after the words “Case 7 in the said Schedule 2” there shall be inserted the words “ “or, as the case may be, Ground 17 in the said Schedule 5 ” and for paragraph (b) there shall be substituted the following paragraph—
(b) sections 12 to 31 of the Housing (Scotland) Act 1988 apply in relation to the premises as mentioned in section 18(1) of this Act and a dependant or dependants of the service man is or are living in the premises or in part thereof in right of the statutory assured tenancy or assured tenancy referred to in paragraph (a) of section 19 of this Act
.
(4) In subsection (3)—
(a) after the words “the Cases in Part I of the said Schedule 2” there shall be inserted the words “ “or, as the case may be, Grounds 10 to 17 in Part II of the said Schedule 5 ”; and
(b) after the words “section 11 of the Rent (Scotland) Act 1984” there shall be inserted the words “ “or, as the case may be, section 18(4) of the Housing (Scotland) Act 1988 ”.
11 In section 22 of that Act (facilities for action on behalf of men serving abroad in proceedings as to tenancies), as it applies otherwise than to Scotland, in subsection (1)—
(a) after the words “Rent Act 1977” there shall be inserted “ “or under Part I of the Housing Act 1988 ”;
(b) for the words “Part V of that Act” there shall be substituted “ “Part V of the Rent Act 1977 or Part I of the Housing Act 1988 ”; and
(c) in paragraph (a) after the word “tenancy” there shall be inserted “ “or licence ”.
12 In the said section 22, as it applies to Scotland, in subsection (1),—
(a) for the words “Part III of the Rent Act 1965 or under the Rent (Scotland) Act 1971” there shall be substituted the words “ “the Rent (Scotland) Act 1984 or under Part II of the Housing (Scotland) Act 1988 ”;
(b) for the words “rent tribunal” there shall be substituted the words “ “rent assessment committee ” and for the words “or tribunal” there shall be substituted the words “ “or committee ”;
(c) for the words “Part VII of that Act” there shall be substituted the words “ “Part VII of the said Act of 1984 or under Part II of the Housing (Scotland) Act 1988 ”; and
(d) in paragraph (a) after the word “tenancy” there shall be inserted the words “ “or licence ”.
13 (1) Section 23 of that Act (interpretation of Part II), as it applies otherwise than to Scotland, shall be amended in accordance with this paragraph.
(2) In subsection (1)—
(a) after the definition of “agricultural land” there shall be inserted—
“assured tenancy” has the same meaning as in Part I of the Housing Act 1988
;
(b) after the definition of “dependant” there shall be inserted—
“fixed term tenancy” means any tenancy other than a periodic tenancy
;
(c) for the definition of “landlord” and “tenant” there shall be substituted—
in relation to a statutory tenancy or to a provision of the Rent Act 1977 “landlord” and “tenant” have the same meaning as in that Act but, subject to that, those expressions have the same meaning as in Part I of the Housing Act 1988
; and
(d) after the definition of “relevant police authority” there shall be inserted—
“statutory periodic tenancy” has the same meaning as in Part I of the Housing Act 1988
.
(3) At the end of subsection (1) there shall be inserted the following subsection—
(1A) Any reference in this Part of this Act to Chapter I of Part I of the Housing Act 1988 includes a reference to the General Provisions of Chapter VI of that Part, so far as applicable to Chapter I.
(4) In subsection (3) after the words “Rent Act 1977” there shall be inserted “ “or Chapter I of Part I of the Housing Act 1988 ”.
14 (1) The said section 23, as it applies to Scotland, shall be amended in accordance with this paragraph.
(2) In subsection (1)—
(a) after the definition of “agricultural land” there shall be inserted—
“assured tenancy” and “statutory assured tenancy” have the same meaning as in Part II of the Housing (Scotland) Act 1988
;
(b) for the definition of “landlord” and “tenant” there shall be substituted—
in relation to a statutory tenancy or to a provision of the Rent (Scotland) Act 1984 “landlord” and “tenant” have the same meaning as in that Act but, subject to that, those expressions have the same meaning as in Part II of the Housing (Scotland) Act 1988
.
(3) At the end of subsection (1) there shall be inserted the following subsection—
(1A) Any reference in this Part of this Act to sections 12 to 31 of the Housing (Scotland) Act 1988 includes a reference to sections 47 to 55 of that Act so far as applicable to those sections.
(4) In subsection (3) after the words “Rent (Scotland) Act 1984” there shall be inserted the words “ “or sections 12 to 31 of the Housing (Scotland) Act 1988 ”.
The Leasehold Reform Act 1967
15 In section 28 of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes) at the end of subsection (5) (bodies to whom that section applies) there shall be added
and
(g) a housing action trust established under Part III of the Housing Act 1988.
16 In section 29 of that Act (reservation of future right to develop) after subsection (6B) there shall be inserted the following subsection—
(6C) Subsections (1) to (4) above shall have effect in relation to a housing action trust as if any reference in those subsections or in Part I of Schedule 4 to this Act to a local authority were a reference to the trust.
17 (1) In Schedule 4A to that Act (which is set out in Schedule 4 to the Housing and Planning Act 1986 and excludes certain shared ownership leases from Part I of the 1967 Act) at the end of paragraph 2(1) there shall be added “ “or to a person who acquired that interest in exercise of the right conferred by Part IV of the Housing Act 1988 ”.
(2) In paragraph 2(2) of that Schedule, at the end of paragraph (e) there shall be added the following paragraph—
(f) a housing action trust established under Part III of the Housing Act 1988
.
18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Local Government Act 1974
19 In section 25 of the Local Government Act 1974 (local government administration: authorities subject to investigation), in subsection (1) after paragraph (bd) there shall be inserted the following paragraph—
(be) any housing action trust established under Part III of the Housing Act 1988
.
The Consumer Credit Act 1974
20 In section 16 of the Consumer Credit Act 1974 (exempt agreements), in subsection (6B), in paragraph (a) after the words “England and Wales,” there shall be inserted “ “the Housing Corporation, Housing for Wales and ”.
The Rent (Agriculture) Act 1976
21 In section 28 of the Rent (Agriculture) Act 1976 (rehousing: duty of housing authority concerned), the following subsection shall be inserted after subsection (14) of that section—
(14A) Notwithstanding anything in section 127(1) of the Magistrates’ Courts Act 1980, an information relating to an offence under this section may be tried if it is laid at any time within two years after the commission of the offence and within six months after the date on which evidence sufficient in the opinion of the housing authority concerned to justify the proceedings comes to its knowledge.
The Rent Act 1977
22 In the Rent Act 1977, sections 68 and 69, Part II of Schedule 11 and Schedule 12 (which provide for applications by a local authority for the determination of a fair rent and make provision about certificates of fair rent) shall cease to have effect except as respects applications made before the commencement of this Act.
23 In section 77 of that Act (which provides for the reference of restricted contracts to rent tribunals by the lessor, the lessee or the local authority) the words “or the local authority” shall be omitted.
24 Section 89 of the Rent Act 1977 (which provides for the phasing of progression to a registered rent in the case of housing association tenancies) and Schedule 8 to that Act (phasing of rent increases: general provisions) shall cease to have effect except with respect to an increase in rent up to, or towards, a registered rent in relation to which the relevant date for the purposes of the said Schedule 8 falls before this Act comes into force.
25 In section 137 of the Rent Act 1977 (effect on sub-tenancy of determination of superior tenancy), in subsection (1) the words “this Part of” shall be omitted.
The Protection from Eviction Act 1977
26 In section 7 of the Protection from Eviction Act 1977 (service of notices), in subsection (3)(c) (certain licensors treated as landlords for the purposes of the section) the words “under a restricted contract (within the meaning of the Rent Act 1977)” shall be omitted.
The Justices of the Peace Act 1979
27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Local Government, Planning and Land Act 1980
28 In Schedule 16 to the Local Government, Planning and Land Act 1980 (bodies to whom Part X applies) after paragraph 8 there shall be inserted the following paragraph—
8A A housing action trust established under Part III of the Housing Act 1988.
29 In Schedule 28 to the Local Government, Planning and Land Act 1980, in paragraph 10 after the words “Rent Act 1977” there shall be inserted “ “or the Housing Act 1988. ”
The Highways Act 1980
30 In Schedule 6 to the Highways Act 1980, in Part I, in paragraph 1(3)(b)(i) after the words “Rent Act 1977” there shall be inserted “ “and licensees under an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988 ”.
The New Towns Act 1981
31 In section 22 of the New Towns Act 1981 (possession of houses) after the words “Rent Act 1977” there shall be inserted “ “or Part I of the Housing Act 1988 ”.
The Acquisition of Land Act 1981
32 (1) In section 12(2) of the Acquisition of Land Act 1981 after the words “Rent (Agriculture) Act 1976” there shall be inserted “ “or a licensee under an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988 ”.
(2) In Schedule 1 to that Act, in paragraph 3(2) after the words “Rent (Agriculture) Act 1976” there shall be inserted “ “or a licensee under an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988 ”.
The Matrimonial Homes Act 1983
33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The County Courts Act 1984
35 (1) In section 66 of the County Courts Act 1984 (trial by jury: exceptions), in subsection (1) at the end of paragraph (b)(iii) there shall be inserted
or
(iv) under Part I of the Housing Act 1988
.
(2) In section 77(6) of that Act (appeals: possession proceedings) after paragraph (e) there shall be inserted the following paragraph—
(ee) section 7 of the Housing Act 1988, as it applies to the grounds in Part II of Schedule 2 to that Act; or
.
The Matrimonial and Family Proceedings Act 1984
36 In section 22 of the Matrimonial and Family Proceedings Act 1984 (powers of the court in relation to certain tenancies of dwelling-houses), in paragraph (a) after the word “tenancy” there shall be inserted “ “or assured agricultural occupancy ”.
The Local Government Act 1985
37 In section 101 of the Local Government Act 1985 (power by order to make incidental, consequential, etc. provisions) in subsection (1)(b) after second “Act” insert “ “or the Housing Act 1988 ”.
The Housing Act 1985
38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
40 In section 115 of that Act (meaning of “long tenancy”), in subsection (2)(c) after “1980” there shall be inserted “ “or paragraph 4(2)(b) of Schedule 4A to the Leasehold Reform Act 1967 ”.
41 In section 155 of that Act (repayment of discount on early disposal) after subsection (3) there shall be inserted the following subsection—
(3A) Where a secure tenant has served on his landlord an operative notice of delay, as defined in section 153A,—
(a) the three years referred to in subsection (2) shall begin from a date which precedes the date of the conveyance of the freehold or grant of the lease by a period equal to the time (or, if there is more than one such notice, the aggregate of the times) during which, by virtue of section 153B, any payment of rent falls to be taken into account in accordance with subsection (3) of that section; and
(b) any reference in subsection (3) (other than paragraph (a) thereof) to the acquisition of the tenant’s initial share shall be construed as a reference to a date which precedes that acquisition by the period referred to in paragraph (a) of this subsection.
42 In section 171F of that Act (subsequent dealings after disposal of dwelling-house to private sector landlord: possession on grounds of suitable alternative accommodation) after “Rent Act 1977” there shall be inserted “ “or on Ground 9 in Schedule 2 to the Housing Act 1988 ”.
43 In section 236 of that Act at the end of subsection (2) (meaning of “occupying tenant”) there shall be added the words
or
(e) is a licensee under an assured agricultural occupancy.
44 In section 238 of that Act (index of defined expressions in Part VII) before the entry relating to “clearance area” there shall be inserted— “ assured agricultural occupancysection 622 ”.
45 In section 247 of that Act (notification of certain disposals of land to the local housing authority), in subsection (5) (provision not to apply to certain disposals) after paragraph (c) there shall be inserted the following paragraph—
(ca) the grant of an assured tenancy or assured agricultural occupancy, or of a tenancy which is not such a tenancy or occupancy by reason only of paragraph 10 of Schedule 1 to the Housing Act 1988 (resident landlords) or of that paragraph and the fact that the accommodation which is let is not let as a separate dwelling
.
46 In section 263 of that Act (index of defined expressions in Part VIII) before the entry relating to “clearance area” there shall be inserted—
assured agricultural occupancysection 622
assured tenancysection 622
.
47 In Part IX of that Act (slum clearance) in the following provisions relating to the recovery of possession, namely, sections 264(5), 270(3), 276 and 286(3), after the words “Rent Acts” there shall be inserted “ “or Part I of the Housing Act 1988 ”.
48 In section 309 of that Act (recovery of possession of premises for purposes of approved redevelopment), in paragraph (a) of subsection (1) after the words “the Rent Act 1977)” the following words shall be inserted “ “or let on or subject to an assured tenancy or assured agricultural occupancy ”; and in the words following paragraph (b) of that subsection after the words “section 98(1)(a) of the Rent Act 1977” there shall be inserted “ “or section 7 of the Housing Act 1988 ”.
49 In section 323 of that Act (index of defined expressions in Part IX) before the entry relating to “clearance area” there shall be inserted—
assured agricultural occupancysection 622
assured tenancysection 622
.
50 In section 368 of that Act (means of escape from fire: power to secure that part of house not used for human habitation), in subsection (6) after the words “Rent Acts” there shall be inserted “ “or Part I of the Housing Act 1988 ”.
51 In section 381 of that Act (general effect of control order), in subsection (3) after the words “Rent Acts” there shall be inserted “ “and Part I of the Housing Act 1988 ”.
52 (1) In section 382 of that Act (effect of control order on persons occupying house) after subsection (3) there shall be inserted the following subsection—
(3A) Section 1(2) of and paragraph 12 of Part I of Schedule 1 to the Housing Act 1988 (which exclude local authority lettings from Part I of that Act) do not apply to a lease or agreement under which a person to whom this section applies is occupying part of the house.
(2) In subsection (4) of that section after paragraph (b) there shall be inserted
or
(c) an assured tenancy or assured agricultural occupancy within the meaning of Part I of the Housing Act 1988
; and for the words “either of those Acts” there shall be substituted “ “any of those Acts ”.
53 In section 400 of that Act (index of defined expressions for Part XI) after the entry relating to “appropriate multiplier” there shall be inserted—
assured tenancysection 622
assured agricultural occupancysection 622
.
54 In section 429A of that Act (housing management: financial assistance etc.) in subsection (2), in paragraph (a) after the words “secure tenancies)” there shall be inserted “ “or subsection (2A) ” and at the end of that subsection there shall be inserted the following subsection—
(2A) Subsection (2)(a) applies to the following bodies—
(a) the Housing Corporation;
(b) Housing for Wales;
(c) a housing trust which is a charity;
(d) a registered housing association other than a co-operative housing association; and
(e) an unregistered housing association which is a co-operative housing association.
55 In section 434 of that Act (index of defined expressions for Part XIII) there shall be inserted, in the appropriate places in alphabetical order, the following entries—
charitysection 622
co-operative housing associationsection 5(2)
housing associationsection 5(1)
housing trust”section 6
.
56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
58 In section 459 of that Act (index of defined expressions for Part XIV) after the entry relating to “building society” there shall be inserted—
co-operative housing associationsection 5(2)
.
59 In section 533 of that Act (assistance for owners of defective housing: exceptions to eligibility) after the words “Rent (Agriculture) Act 1976” there shall be inserted “ “or who occupies the dwelling under an assured agricultural occupancy which is not an assured tenancy ”.
60 In section 553 of that Act (effect of repurchase of defective dwellings on certain existing tenancies) in subsection (2)—
(a) in paragraph (a) after the words “protected tenancy” there shall be inserted “ “or an assured tenancy ”;
(b) at the end of paragraph (b) there shall be added the words “ “or in accordance with any of Grounds 1, 3, 4 and 5 in Schedule 2 to the Housing Act 1988 (notice that possession might be recovered under that ground) or under section 20(1)(c) of that Act (notice served in respect of assured shorthold tenancies); and ”; and
(c) after paragraph (b) there shall be added—
(c) the tenancy is not an assured periodic tenancy which, by virtue of section 39(7) of the Housing Act 1988 (successors under the Rent Act 1977), is an assured shorthold tenancy
.
61 (1) In section 554 of that Act (grant of tenancy of defective dwelling to former owner-occupier) at the end of subsection (2) there shall be inserted the following subsection—
(2A) If the authority is a registered housing association, other than a housing co-operative, within the meaning of section 27B, their obligation is to grant a secure tenancy if the individual to whom a tenancy is to be granted—
(a) is a person who, immediately before he acquired his interest in the dwelling-house, was a secure tenant of it; or
(b) is the spouse or former spouse or widow or widower of a person falling within paragraph (a); or
(c) is a member of the family, within the meaning of section 186, of a person falling within paragraph (a) who has died, and was residing with that person in the dwelling-house at the time of and for the period of twelve months before his death.
(2) In subsection (3) of that section, at the end of paragraph (b) there shall be inserted
or
(c) an assured tenancy which is neither an assured shorthold tenancy, within the meaning of Part I of the Housing Act 1988, nor a tenancy under which the landlord might recover possession on any of Grounds 1 to 5 in Schedule 2 to that Act.
62 In section 577 of that Act (index of defined expressions for Part XVI) after the entry relating to “associated arrangement” there shall be inserted—
assured agricultural occupancysection 622
assured tenancysection 622
.
63 In section 612 of that Act (exclusion of Rent Act protection) after the words “the Rent Acts” there shall be inserted “ “or Part I of the Housing Act 1988 ”.
64 In section 622 of that Act (definitions: general) before the definition of “bank” there shall be inserted—
“assured tenancy” has the same meaning as in Part I of the Housing Act 1988;
“assured agricultural occupancy” has the same meaning as in Part I of the Housing Act 1988
.
65 In Schedule 2 to that Act, in Part IV (grounds for possession: suitability of alternative accommodation) in paragraph 1, at the end of sub-paragraph (b) there shall be added
or
(c) which are to be let as a separate dwelling under an assured tenancy which is neither an assured shorthold tenancy, within the meaning of Part I of the Housing Act 1988, nor a tenancy under which the landlord might recover possession under any of Grounds 1 to 5 in Schedule 2 to that Act
.
66 In Schedule 5 to that Act, in paragraph 3, after the entry for section 58(2) of the Housing Associations Act 1985 there shall be inserted the following entries—
section 50 of the Housing Act 1988 (housing association grants), or
section 51 of that Act (revenue deficit grants).
The Landlord and Tenant Act 1985
67 (1) In section 5 of the Landlord and Tenant Act 1985 (information to be contained in rent books), in subsection (1)(b) after the word “tenancy” there shall be inserted “ “or let on an assured tenancy within the meaning of Part I of the Housing Act 1988 ”.
(2) In subsection (2) of that section after the word “tenancy” there shall be added “ “or let on an assured tenancy within the meaning of Part I of the Housing Act 1988 ”.
68 In section 26 of that Act (tenants of certain public authorities excepted from provisions about service charges etc.) in subsection (3)(c) after the words “Housing Act 1980” there shall be inserted “ “or paragraph 4(2)(b) of Schedule 4A to the Leasehold Reform Act 1967 ”.
The Agricultural Holdings Act 1986
69 (1) In Schedule 3 to the Agricultural Holdings Act 1986 (cases where consent of Tribunal to operation of notice to quit is not required), in Part II (provisions applicable to Case A: suitable alternative accommodation), in paragraph 3 after paragraph (b) there shall be inserted
or
(c) premises which are to be let as a separate dwelling such that they will then be let on an assured tenancy which is not an assured shorthold tenancy (construing those terms in accordance with Part I of the Housing Act 1988), or
(d) premises to be let as a separate dwelling on terms which will afford to the tenant security of tenure reasonably equivalent to the security afforded by Chapter I of Part I of that Act in the case of an assured tenancy which is not an assured shorthold tenancy.
(2) At the end of the said paragraph 3 there shall be added the following sub-paragraph—
(2) Any reference in sub-paragraph (1) above to an assured tenancy does not include a reference to a tenancy in respect of which possession might be recovered on any of Grounds 1 to 5 in Schedule 2 to the Housing Act 1988.
70 In Schedule 5 to that Act (notice to quit where tenant is a service man), in paragraph 2(2)(a) after the words “Rent Act 1977” there shall be inserted “ “or paragraph 7 of Schedule 1 to the Housing Act 1988 ”.
The Drug Trafficking Offences Act 1986
71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Insolvency Act 1986
73 In section 308 of the Insolvency Act 1986 (vesting in trustee of certain items of excess value), in subsection (1), for the words “the next section” there shall be substituted “ “section 309 ”.
74 In section 335 of that Act (adjustment between earlier and later bankruptcy estates), in subsection (4) after the words “replacement value)” there shall be inserted the words “ “or section 308A (vesting in trustee of certain tenancies) ”.
75 In section 351 of that Act (definitions), in paragraph (a), for the words “or 308” there shall be substituted “ “, section 308 ” and after the words “replacement value)” there shall be inserted “ “or section 308A (vesting in trustee of certain tenancies) ”.
The Social Security Act 1986
76 In section 31 of the Social Security Act 1986 (information relating to housing benefit), in subsection (5) (information as to registered rents), after the words “housing benefit scheme” there shall be inserted “ “(a) ”, and at the end there shall be added
and
(b) where a rent is determined under section 14 or section 22 of the Housing Act 1988 or section 25 or section 34 of the Housing (Scotland) Act 1988 (determination of rents by rent assessment committee), the committee shall note in their determination the amount (if any) of the rent which, in the opinion of the committee, is fairly attributable to the provision of services, except where that amount is in their opinion negligible; and the amounts so noted may be included in the information specified in an order under section 42 of the Housing Act 1988 or, as the case may be, section 49 of the Housing (Scotland) Act 1988 (information to be publicly available)
.
The Housing (Scotland) Act 1987
77 In section 12 of the Housing (Scotland) Act 1987 (which relates, amongst other things, to the disposal by local authorities of land acquired or appropriated for housing purposes and of houses)—
(a) in subsection (1)(c), for the words “subsection (5)” there shall be substituted the words “ “subsections (5) and (7) ”;
(b) in subsection (7)—
(i) for “(1)(d)” there shall be substituted “ “(1)(c) or (d) ”;
(ii) for the words “house or any part share thereof” there shall be substituted the words “ “land, house or part share thereof ”;
(iii) for the words “it is a house” there shall be substituted the words “ “, in the case of a house, it is one ”;
(c) in subsection (8) after the word “apply” there shall be inserted the words “ “, in the case of a house, ”.
78 In section 13 of that Act (power of Secretary of State in certain cases to impose conditions on sale of local authority’s houses etc.) for the words “land or dwelling” there shall be substituted the words “ “or land ”.
79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Access to Personal Files Act 1987
80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Criminal Justice (Scotland) Act 1987
81 In section 33 of the Criminal Justice (Scotland) Act 1987 (sequestration of person holding realisable property), in subsection (2)(b) for the words “under subsection (6) of that section” there shall be substituted the words “ “under subsection (10) of section 31 of that Act or subsection (6) of the said section 32 of that Act ”.
82 In section 34 of that Act (bankruptcy in England and Wales of person holding realisable property), in subsection (2)(b) for the words “or 308” there shall be substituted “ “308 or 308A ” and after the word “replacement” there shall be inserted “ “and certain tenancies ”.
The Criminal Justice Act 1988
83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Housing (Scotland) Act 1988
85 In section 19 of the Housing (Scotland) Act 1988 (notice of proceedings for possession)—
(a) in subsection (2) for the word “is” there shall be substituted the words “ “and particulars of it are ”;
(b) in subsection (3) after the word “one” where it first occurs there shall be inserted the words “ “in the prescribed form ”.
86 In section 36 of that Act (damages for unlawful eviction)—
(a) in subsection (2) for the word “calculated” there shall be substituted the word “ “likely ”;
(b) in subsection (7)(b)—
(i) after the word “of” where it first occurs there shall be inserted the words “ “the doing of acts or ”;
(ii) after the word “for” there shall be inserted the words “ “doing the acts or ”.
87 In section 38 of that Act (further offence of harassment)—
(a) for the words from “In section 22” to “after subsection (2)” there shall be substituted the words—
(1) Subsection (2) of section 22 of the Rent (Scotland) Act 1984 (unlawful eviction and harassment of occupier) shall, as respects acts done after the commencement of this section, have effect with the substitution of the word “likely” for the word “ “calculated ”.
(2) After that subsection
;
(b) after “(2A)” there shall be inserted the words “ “Subject to subsection (2B) below ”;
(c) for the word “calculated” there shall be substituted the word “ “likely ”;
(d) the words “subject to subsection (2B) below” and “by reason only of conduct falling within paragraph (b) of that subsection” shall cease to have effect;
(e) after the word “for” where it second occurs there shall be inserted the words “ “doing the acts or ”.
88 In section 36 of that Act (damages for unlawful eviction)—
(a) in subsection (6), for the words “proceedings are begun to enforce the liability” there shall be substituted the words “ “the date on which the proceedings to enforce the liability are finally decided ”; and
(b) after subsection (6) there shall be inserted the following subsections—
(6A) For the purposes of subsection (6)(a) above, proceedings to enforce a liability are finally decided—
(a) if no appeal may be made against the decision in these proceedings;
(b) if an appeal may be made against the decision with leave and the time limit for applications for leave expires and either no application has been made or leave has been refused;
(c) if leave to appeal against the decision is granted or is not required and no appeal is made within the time limit for appeals; or
(d) if an appeal is made but is abandoned before it is determined.
(6B) If, in proceedings to enforce a liability arising by virtue of subsection (3) above, it appears to the court—
(a) that, prior to the event which gave rise to the liability, the conduct of the former residential occupier or any person living with him in the premises concerned was such that it is reasonable to mitigate the damages for which the landlord would otherwise be liable, or
(b) that, before the proceedings were begun, the landlord offered to reinstate the former residential occupier in the premises in question and either it was unreasonable of the former residential occupier to refuse that offer or, if he had obtained alternative accommodation before the offer was made, it would have been unreasonable of him to refuse that offer if he had not obtained that accommodation,
the court may reduce the amount of damages which would otherwise be payable to such amount as it thinks appropriate.
.
89 In section 63 of that Act (consent for subsequent disposals) after subsection (2) there shall be inserted the following subsection—
(2A) Before giving any consent for the purposes of subsection (1) above, Scottish Homes—
(a) shall satisfy itself that the person who is seeking the consent has taken appropriate steps to consult the tenant of the house (or, as the case may be, each house) of which the property proposed to be disposed of consists; and
(b) shall have regard to the response of such tenant to that consultation.
90 In Schedule 4 to that Act (tenancies which cannot be assured tenancies) after paragraph 11 there shall be inserted the following paragraph—
Accommodation for homeless persons
11A A tenancy granted expressly on a temporary basis in the fulfilment of a duty imposed on a local authority by Part II of the Housing (Scotland) Act 1987.
Part II Amendments Consequential on the Establishment of Housing for Wales
The Land Commission Act 1967
91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Parliamentary Commissioner Act 1967
92 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) after the entry “Housing Corporation” there shall be inserted—
Housing for Wales
.
The Income and Corporation Taxes Act 1970
93 In section 342 of the Income and Corporation Taxes Act 1970 (disposals of land between Housing Corporation and housing societies) and in section 342A of that Act (disposals by certain housing associations) after the words “Housing Corporation” in each place where they occur there shall be inserted “or Housing for Wales”.
The Land Compensation Act 1973
94 In section 32(7B)(b) of the Land Compensation Act 1973 (supplementary provisions about home loss payments) after the words “Housing Corporation” there shall be inserted “or Housing for Wales”.
The House of Commons Disqualification Act 1975
95 In Schedule 1 to the House of Commons Disqualification Act 1975, in Part II (bodies of which all members are disqualified) there shall be inserted at the appropriate place the following entry—
Housing for Wales
.
The Statutory Corporations (Financial Provisions) Act 1975
96 In Schedule 2 to the Statutory Corporations (Financial Provisions) Act 1975 (bodies corporate affected by section 5 of that Act as to their power to borrow in currencies other than sterling) after the entry “The Housing Corporation” there shall be inserted—
Housing for Wales
.
The Development of Rural Wales Act 1976
97 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Rent (Agriculture) Act 1976
98 In section 5(3) of the Rent (Agriculture) Act 1976 (no statutory tenancy where landlord’s interest belongs to Crown or to local authority etc.) after paragraph (d) there shall be inserted the following paragraph—
(da) Housing for Wales
.
The Rent Act 1977
99 In section 15(2)(a) of the Rent Act 1977 (landlord’s interest belonging to housing association etc.) after the words “Housing Corporation” there shall be inserted—
(aa) Housing for Wales
.
100 In each of the following provisions of that Act, that is to say, sections 86(2)(a) (tenancies to which Part VI applies), 93(1) (increase of rent without notice to quit) and Schedule 12 (certificates of fair rent), in paragraph 12 (meaning of “secure tenancy”), after the words “Housing Corporation” there shall be inserted “or Housing for Wales”.
The Criminal Law Act 1977
101 In section 7(5) of the Criminal Law Act 1977 (authorities who may authorise occupation by protected intending occupier for purposes of offence of adverse occupation of residential premises) after the words “Housing Corporation” there shall be inserted—
(ba) Housing for Wales
.
The National Health Service Act 1977
102 In section 28A(2)(e) of the National Health Service Act 1977 (power to make payments towards expenditure on community services) at the end there shall be added the following sub-paragraph
and
(vii) Housing for Wales.
103 In section 28B(1)(b)(v) of that Act (power of Secretary of State to make payments towards expenditure on community services in Wales) for the words “the Housing Corporation” there shall be substituted “Housing for Wales”.
The Local Government, Planning and Land Act 1980
104 In Schedule 16 to the Local Government, Planning and Land Act 1980 (bodies to whom Part X of that Act applies) after paragraph 9 there shall be inserted the following paragraph—
9a. Housing for Wales.
The Finance Act 1981
105 In section 107(3) of the Finance Act 1981 (exemption from stamp duty in case of sale of houses at discount by local authorities etc.) after paragraph (c) there shall be inserted the following paragraph—
(ca) Housing for Wales.
The Housing Act 1985
106 In the Housing Act 1985 for the words “Housing Corporation” in each place where they occur there shall be substituted “Corporation”.
107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
108 In section 57 of that Act (index of defined expressions: Part II) after the entry relating to “compulsory disposal” there shall be inserted—
the Corporation»section 6A
.
109 In section 117 of that Act (index of defined expressions: Part IV) after the entry relating to “co-operative housing association” there shall be inserted—
the Corporation» section 6A
.
110 In section 188 of that Act (index of defined expressions: Part V) after the entry relating to “co-operative housing association” there shall be inserted—
the Corporation» section 6A
.
111 In section 238 of that Act (index of defined expressions: Part VII) after the entry relating to “clearance area” there shall be inserted—
the Corporation» section 6A
.
112 In section 459 of that Act (index of defined expressions: Part XIV) after the entry relating to “building society” there shall be inserted—
the Corporation section» 6A
.
113 In section 577 of that Act (index of defined expressions: Part XVI) after the entry relating to “co-operative housing association” there shall be inserted—
the Corporation» section 6A
.
The Landlord and Tenant Act 1987
114 In section 58(1) of the Landlord and Tenant Act 1987 (exempt landlords) after paragraph (e) there shall be inserted the following paragraph—
(ea) Housing for Wales
.
The Income and Corporation Taxes Act 1988
115 In section 376(4) of the Income and Corporation Taxes Act 1988 (qualifying borrowers and lenders) after paragraph (k) there shall be inserted the following paragraph—
(ka) Housing for Wales.
116 In section 560(2)(e) of that Act (persons who are sub-contractors or contractors for the purposes of Chapter IV of Part XIII of that Act) after the words “Housing Corporation” there shall be inserted “Housing for Wales”.
Propose a changeSCHEDULE 18 Enactments Repealed
Section 140.
Chapter | Short title | Extend of repeal
14 & 15 Geo. VI c. 65. | The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951. | Section 18(2).
1976 c.80. | The Rent (Agriculture) Act 1976. | In section 4(2) the words “or, as the case may be, subsection (4)”.In section 13(3) the words “68, 69” and “or Part II of Schedule 11 or Schedule 12 to that Act”.In Schedule 4, in Part I, paragraph 2(2).
1977 c.42. | The Rent Act 1977. | Section 16A.Sections 19 to 21.In section 63, in subsection (1), paragraph (b) and the word “and” immediately preceding it; in subsection (2) in paragraph (a), the words “and deputy rent officers”, in paragraph (b), the words “or deputy rent officer”, in paragraph (d) the words “and deputy rent officers” and the word “and” at the endof the paragraph, andparagraph (e); in sub-section (3), the words “and deputy rent officers”;and in subsection (7)(b), the words “and deputy rent officers”.In section 67, in subsection (5), the words “and sections 68 and 69 of this Act” and in subsection (7), the words “Subject to section 69(4) of this Act.”Sections 68 and 69.In section 74, in subsection (2), in paragraph (a) “69”, in paragraph (b) the words “or II” and paragraph (c).In section 77(1) the words “or the local authority”.In section 80(1) the words “or the local authority”.Section 81A(1)(a).In section 87, in subsection (2), in paragraph (a) “69” and in paragraph (c) the words “and 12”.In section 88(2) the words “then, subject to section 89 of this Act”.Section 89.In section 103(1) the words “or the local authority”.In section 137 the words “this Part of”.In Schedule 1, in paragraph 1 the words “or, as the case may be, paragraph 3”, in paragraph 4, the words “or 3”, and paragraph 7.In Schedule 2, paragraph 6(3).Schedule 8.In Schedule 11, Part II.Schedule 12.In Schedule 14, paragraph 4.In Schedule 15, in Part IV, paragraph 4(2).In Schedule 20, paragraph 2(2).In Schedule 24, paragraph 8(3).
1977 c. 43. | The Protection from Eviction Act 1977. | In section 7(3)(c) the words from “under” to “1977)”.
1980 c.51. | The Housing Act 1980. | Section 52.Sections 56 to 58.Section 59(1).Section 60.Section 73(2).Section 76(2).In Schedule 9, paragraph 2.In Schedule 10, paragraph 2.In Schedule 25, paragraph 36, in paragraph 40 “68 (4)” and paragraphs 46 and 63.
1985 c. 51. | The Local Government Act 1985. | In Schedule 13, in paragraph 21, the words from “and section 19(5)(aa)” onwards.
1985 c.68. | The Housing Act 1985. | In section 80, in subsection (1) the words from “the Housing Corporation” to “charity or”, the words “housing association or” and subsection (2).Sections 199 to 201.In Schedule 5, in paragraph 3 the word “or” immediately following the entry for section 55 of the Housing Associations Act 1985; paragraphs 6 and 8.
1985 c.69. | The Housing Associations Act 1985. | In section 3(2) the words “of housing associations maintained under this section”.In section 18(3) the words from “and the Corporation” onwards.In section 40, the entries relating to housing association grant and revenue deficit grant.Sections 41 to 57.Section 62.In section 73, the entries relating to approved de-velopment programme,hostel deficit grant, housing association grant, housing project, revenue deficit grant, shared ownership agreement and shared ownership lease.Section 75(1)(d).In section 87(1) the words “registered housing asso-ciations and other”.In section 107, in subsection (3) the entries relating to sections 4, 44 and 45 and 52, and in subsection (4) the words “section 4(3)(h)”.In Schedule 5, in paragraph 5(3) of Part I and in paragraph 5(3) of Part II, the words “at such times and in such places as the Treasury may direct, and” and the words “withthe approval of the Treasury”.In Schedule 6, paragraph 3(3)(b).
1986 c.63. | The Housing and Planning Act 1986. | Section 7.Section 12.In section 13, subsections (1) to (3) and (5).Section 19.In Schedule 4, paragraphs 1(3) and 10.In Schedule 5, paragraph 8.
1986 c.65. | The Housing (Scotland) Act 1986. | Section 13(1).Sections 14 to 16.In Schedule 2, in paragraph 4(8), sub-paragraph (a) and, in sub-paragraph (b), the words “section 4(3)(h)”.
1987 c.26. | The Housing (Scotland) Act 1987. | In section 61(4)(b) the word “or” at the end of sub-paragraph (v) and at the end of sub-paragraph (vi).
1987 c.31. | The Landlord and Tenant Act 1987. | In section 3(1)(b) the word “or”.Section 4(2)(a)(ii).Section 45.Section 60(2).In Schedule 4, paragraph 7.
1988 c.9. | The Local Government Act 1988. | Section 24(5)(b).
1988 c.43. | The Housing (Scotland) Act 1988. | Section 4(4).In section 38, the words “subject to subsection (2B) below” and “by reason only of conduct falling within paragraph (b) of that subsection”.Schedule 3.In Schedule 9, paragraphs 6(b) and 7.In Schedule 10, the entry relating to the Housing Associations Act 1985.
1 The repeal of sections 19 to 21 of the Rent Act 1977 does not apply with respect to any tenancy or contract entered into before the coming into force of Part I of this Act nor to any other tenancy or contract which, having regard to section 36 of this Act, can be a restricted contract.
2 The repeal of section 52 of the Housing Act 1980 (protected shorthold tenancies) does not apply with respect to any tenancy entered into before the coming into force of Part I of this Act nor to any other tenancy which, having regard to section 34 of this Act, can be a protected shorthold tenancy.
3 The repeal of sections 56 to 58 of the Housing Act 1980 does not have effect in relation to any tenancy of a dwelling-house in Wales to which, by virtue of section 37(2) of this Act, section 1(3) of this Act does not apply.
4 The repeals in section 80 of the Housing Act 1985—
(a) have effect (subject to section 35(5) of this Act) in relation to any tenancy or licence entered into before the coming into force of Part I of this Act unless, immediately before that time, the landlord or, as the case may be, the licensor is a body which, in accordance with the repeals, would cease to be within the said section 80; and
(b) do not have effect in relation to a tenancy or licence entered into on or after the coming into force of Part I of this Act if the tenancy or licence falls within any of paragraphs (c) to (f) of subsection (4) of section 35 of this Act and
(c) do not have effect in relation to a tenancy while it is a housing association tenancy.
Propose a change