(1) Where regulations under section 63(4)(b) provide for the meaning of “relevant tenancy” given by that section to include a tenancy or licence under which a dwelling is occupied for the purposes of either House of Parliament, Part 2 (and Part 3 so far as relating to Part 2) has effect in its application in relation to such a tenancy or licence with the following modifications—
(a) sections 67 and 92 do not apply;
(b) in paragraph (b) of section 66(1), the reference to a person committing an offence under section 67 is to be read as a reference to the person satisfying the conditions in subsection (1)(a) and (b), (2)(a) and (b), or (3)(a) and (b) of that section;
(c) in paragraph (b) of section 91(1), the reference to a person committing an offence under section 92 is to be read as a reference to the person either—
(i) knowingly or recklessly providing information to the database operator which is false or misleading in a material respect in purported compliance with a requirement imposed by regulations under Chapter 3, or
(ii) satisfying the conditions in subsection (2)(a) and (b), (3)(a) and (b), or (4)(a) and (b) of section 92.
(2) The following provisions do not apply in relation to premises that are occupied for the purposes of either House of Parliament—
(a) Chapter 3 of Part 1;
(b) sections 114 and 118 to 130.
(3) Nothing in section 131 makes the Corporate Officer of the House of Commons or the Corporate Officer of the House of Lords criminally liable.
(4) The High Court may declare unlawful any act or omission for which the Corporate Officer of the House of Commons or the Corporate Officer of the House of Lords would be criminally liable under section 131 but for subsection (3).
(5) Nothing in this section affects the criminal liability of relevant members of the House of Lords staff or of the House of Commons staff (as defined by sections 194 and 195 of the Employment Rights Act 1996).
(1) A power to make regulations under this Act includes power to make—
(a) consequential, supplementary, incidental, transitional or saving provision;
(b) different provision for different purposes or areas;
(c) the full provision to which the power extends or any less provision (whether by way of exception or otherwise).
(2) The power of the Secretary of State and the Scottish Ministers under subsection (1)(a) to make transitional provision includes power to provide for regulations to apply (with or without modifications) in relation to tenancies or licences entered into, or advertising begun, before the date on which the regulations come into force.
(3) The power of the Welsh Ministers under subsection (1)(a) to make transitional provision includes power to provide for regulations to apply (with or without modifications) in relation to occupation contracts granted, renewed or continued, or advertising begun, before the date on which the regulations come into force.
(4) Regulations under this Act are to be made by statutory instrument, except where they are made by the Scottish Ministers (see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
(5) A statutory instrument containing regulations under section 13(2), 30, 39, 48, 54, 63, 64, 65, 77, 82(4), 83(6), 86, 87(2), or 90(2) or 101 or paragraph 32 of Schedule 6 (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(6) Any other statutory instrument containing regulations under this Act made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament, unless it contains regulations under section 111(3) only.
(7) A statutory instrument containing regulations made by the Welsh Ministers under section 47 may not be made unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.
(8) Regulations made by the Scottish Ministers under section 53 are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
(9) If a draft of a statutory instrument containing regulations under section 64 would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.
(10) This section does not apply to regulations under this Part.
141 Power of Welsh Ministers to make consequential provision
(1) The Welsh Ministers may by regulations made by statutory instrument make provision that is consequential on Part 1.
(2) Regulations under this section may amend, repeal or revoke provision made by or under—
(a) an Act or Measure of Senedd Cymru passed before this Act, or
(b) an Act passed—
(i) before this Act, or
(ii) later in the same session of Parliament as this Act.
(3) The power to make regulations under this section includes power to make—
(a) supplementary, incidental, transitional or saving provision;
(b) different provision for different purposes.
(4) The power under subsection (3)(a) to make transitional provision includes power to provide for the regulations to apply (with or without modifications) in relation to occupation contracts granted, renewed or continued, or advertising begun, before the date on which the regulations come into force.
(5) Regulations under this section may only make provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.
(6) A statutory instrument containing (whether alone or with other provision) regulations under this section that amend or repeal provision made by an Act or Measure of Senedd Cymru, or by an Act, may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.
(7) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of Senedd Cymru.
142 Power of Scottish Ministers to make consequential provision
(1) The Scottish Ministers may by regulations make provision that is consequential on Chapter 5 of Part 1 (see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10), as a result of which such regulations are to be made by Scottish statutory instrument).
(2) Regulations under this section may amend, repeal or revoke provision made by or under—
(a) an Act of the Scottish Parliament passed before this Act, or
(b) an Act passed—
(i) before this Act, or
(ii) later in the same session of Parliament as this Act.
(3) The power to make regulations under this section includes power to make—
(a) supplementary, incidental, transitional or saving provision;
(b) different provision for different purposes.
(4) The power under subsection (3)(a) to make transitional provision includes power to provide for the regulations to apply (with or without modifications) in relation to tenancies entered into, or advertising begun, before the date on which the regulations come into force.
(5) Regulations under this section may only make provision which would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament.
(6) Regulations made under this section that amend or repeal provision made by an Act of the Scottish Parliament, or by an Act, are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
(7) Any other regulations made under this section are subject to the negative procedure (see section 28 of that Act).
143 Power of Secretary of State to make consequential provision
(1) The Secretary of State may by regulations made by statutory instrument make provision that is consequential on this Act.
(2) Regulations under this section may amend, repeal or revoke provision made by or under an Act passed—
(a) before this Act, or
(b) later in the same session of Parliament as this Act.
(3) The power to make regulations under this section includes power to make—
(a) supplementary, incidental, transitional or saving provision;
(b) different provision for different purposes.
(4) The power under subsection (3)(a) to make transitional provision includes—
(a) power to provide for the regulations to apply (with or without modifications) in relation to tenancies or licences entered into, or advertising begun, before the date on which the regulations come into force;
(b) in relation to regulations that make provision that is consequential on Chapter 1 or 2 of Part 1, power to provide for pre-application instruments which the Secretary of State considers do not (or will not) operate appropriately as a result of any provision of the regulations to—
(i) have effect with specified modifications, or
(ii) cease to have effect (in whole or in part).
(5) For the purposes of subsection (4)(b)—
(a) “pre-application instrument” means an agreement or other instrument made before the regulations come into force;
(b) the circumstances in which the Secretary of State may consider that a pre-application instrument does not operate appropriately as a result of regulations under this section include (but are not limited to) those in which—
(i) as a result of any provision of the regulations, provision made by the instrument is to any extent spent, obsolete, unnecessary or otherwise not of practical utility;
(ii) as a result of any provision of the regulations, it is unclear what the effect is of provision made by the instrument;
(iii) as a result of any provision of the regulations, a person may be placed in breach of obligations arising under the instrument or made subject to more burdensome obligations under the instrument;
(iv) the instrument makes direct or indirect reference to any enactment as it had effect before being amended by the regulations.
(6) Regulations made by virtue of subsection (4)(b) must provide that they do not prevent—
(a) the variation or revocation of provision modified by the regulations, or
(b) the re-making of provision that has ceased to have effect as a result of the regulations.
(7) Regulations made by virtue of subsection (4)(b) may apply to an instrument as it has effect in relation to times before the coming into force of the regulations but after the day on which Chapter 1 or 2 of Part 1 (as the case may be) comes into force.
(8) A statutory instrument containing (whether alone or with other provision) regulations under this section that—
(a) amend or repeal provision made by an Act, or
(b) are made by virtue of subsection (4)(b),
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(9) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(1) This Act extends to England and Wales only, subject to subsections (2) to (4).
(2) Part 1, Chapter 5 extends to Scotland only.
(3) This Part extends to England and Wales and Scotland.
(4) An amendment or repeal made by this Act has the same extent as the provision amended or repealed.
(1) This Act comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint, subject to subsections (2) to (6).
(2) This Act comes into force for the purposes of making regulations on the day on which it is passed.
(3) Chapter 4 of Part 1 comes into force on such day as the Welsh Ministers by order made by statutory instrument appoint.
(4) Chapter 5 of Part 1 comes into force on such day as the Scottish Ministers may by regulations appoint (see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10), as a result of which such regulations are to be made by Scottish statutory instrument).
(5) The following come into force at the end of the period of two months beginning with the day on which this Act is passed—
(a) Chapter 2 of Part 1;
(b) section 59;
(c) section 110;
(d) Chapter 3 of Part 4.
(6) Section 111 and this Part come into force on the day on which this Act is passed.
(7) Different days may be appointed under this section for different purposes, subject to subsection (8).
(8) Different days may be appointed for different purposes in relation to Chapter 1 of Part 1 only so that—
(a) one day is appointed for the purposes of assured tenancies that are not social housing assured tenancies, and
(b) one or more different days are appointed for the purposes of social housing assured tenancies;
and here “social housing assured tenancy” means an assured tenancy of social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008) where the landlord is a private registered provider of social housing.
146 Existing assured tenancies to continue as section 4A assured tenancies
(1) The commencement of Chapter 1 of Part 1 (which, in particular, has the effect that, on the commencement date, an existing tenancy becomes a section 4A assured tenancy) does not affect the continuation of an existing tenancy on and after the commencement date (as a section 4A assured tenancy that is subject to the other provisions of that Chapter).
(2) Schedule 6 contains transitional provision.
(3) In this section—
“commencement date” means the day on which Chapter 1 of Part 1 comes into force in accordance with section 145 (and accordingly where different days are appointed for different purposes in relation to that Chapter, a reference in this Act to the commencement date is a reference to the day on which that Chapter comes into force for the purposes of the tenancy to which the reference relates);
“existing tenancy” means an assured tenancy which is entered into before the commencement date;
“section 4A assured tenancy” means an assured tenancy to which section 4A of the 1988 Act (as inserted by section 1 of this Act) applies.
147 Fixed term assured tenancy and statutory periodic tenancy to be treated as single assured tenancy
(1) For the purposes of the relevant provisions, a fixed term assured tenancy and a periodic tenancy that arises on its expiry by virtue of section 5 of the 1988 Act are to be treated as a single assured tenancy which—
(a) is entered into when the fixed term tenancy was entered into, and
(b) becomes a periodic tenancy on the expiry of the fixed term.
(2) In this section, “the relevant provisions” means—
(a) section 146,
(b) Schedule 6,
(c) section 5 of the Protection from Eviction Act 1977 as amended by section 20, and
(d) Part 1 of the 1988 Act as amended by Chapter 1 of Part 1.
(3) The Secretary of State may by regulations amend this section to provide for this section to apply for the purposes of other provision made by or under an Act passed before or later in the same session as this Act.
(4) A statutory instrument containing regulations under this section (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(5) Regulations under this section may make different provision for different purposes.
(6) Regulations under this section are to be made by statutory instrument.
(1) The Welsh Ministers may by regulations made by statutory instrument make transitional or saving provision in connection with the coming into force of any provision of Chapter 4 of Part 1.
(2) The Scottish Ministers may by regulations make transitional or saving provision in connection with the coming into force of any provision of Chapter 5 of Part 1 (see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10), as a result of which such regulations are to be made by Scottish statutory instrument).
(3) The Secretary of State may by regulations made by statutory instrument make transitional or saving provision in connection with the coming into force of any other provision of this Act.
(4) The power to make regulations under subsection (1) includes power to provide for a provision of Chapter 4 of Part 1 to apply (with or without modifications) in relation to occupation contracts granted, renewed or continued, or advertising begun, before the date on which the provision comes into force.
(5) The power to make regulations under subsection (2) includes power to provide for a provision of Chapter 5 of Part 1 to apply (with or without modifications) in relation to tenancies entered into, or advertising begun, before the date on which the provision comes into force.
(6) The power to make regulations under subsection (3) includes power to amend or repeal any provision made by Part 2 of Schedule 6 to this Act.
(7) The power to make regulations under subsection (3) includes—
(a) power to provide for a provision of this Act to apply (with or without modifications) in relation to tenancies or licences entered into, or advertising begun, before the date on which the provision comes into force, and
(b) power to provide for pre-application instruments which the Secretary of State considers do not (or will not) operate appropriately as a result of any provision of Chapter 1 or 2 of Part 1 to—
(i) have effect with specified modifications, or
(ii) cease to have effect (in whole or in part).
(8) For the purposes of subsection (7)(b)—
(a) “pre-application instrument” means an agreement or other instrument entered into—
(i) before the commencement date, or
(ii) on or after that date either under a contract entered into before that date or by the acceptance of an offer made before that date;
(b) the circumstances in which the Secretary of State may consider that a pre-application instrument does not operate appropriately as a result of Chapter 1 or 2 of Part 1 include (but are not limited to) those in which—
(i) as a result of any provision of Chapter 1 or 2 of Part 1, provision made by the instrument is to any extent spent, obsolete, unnecessary or otherwise not of practical utility;
(ii) as a result of any provision of Chapter 1 or 2 of Part 1, it is unclear what the effect is of provision made by the instrument;
(iii) as a result of any provision of Chapter 1 or 2 of Part 1, a person may be placed in breach of obligations arising under the instrument or made subject to more burdensome obligations under the instrument;
(iv) the instrument makes direct or indirect reference to fixed term assured tenancies or assured shorthold tenancies (within the meaning of Part 1 of the 1988 Act as it had effect immediately before the commencement date);
(v) the instrument makes direct or indirect reference to periodic assured tenancies that are not relevant assured tenancies within the meaning given by Part 2 of Schedule 6;
(vi) the instrument otherwise makes direct or indirect reference to any enactment as it had effect before being amended by Chapter 1 or 2 of Part 1.
(9) Regulations made by virtue of subsection (7)(b) must provide that they do not prevent—
(a) the variation or revocation of provision modified by the regulations, or
(b) the re-making of provision that has ceased to have effect as a result of the regulations.
(10) Regulations made by virtue of subsection (7)(b) may apply to an instrument as it has effect in relation to times before the coming into force of the regulations but after the day on which Chapter 1 or 2 of Part 1 (as the case may be) comes into force.
(11) A statutory instrument containing (whether alone or with other provision) regulations under subsection (3) that—
(a) fall within subsection (7)(b), or
(b) amend or repeal provision made by Part 2 of Schedule 6 to this Act,
may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(12) In this section “the commencement date” has the meaning given by section 146(3).
(13) The powers under this section include power to make different provision for different purposes.
Section 3
Introductory
1 Schedule 2 to the 1988 Act (grounds for possession of dwelling-houses let on assured tenancies) is amended as follows.
Amendments of Ground 1: occupation by landlord or family
2 For Ground 1 (excluding the italic heading) substitute—
The current tenancy began at least 1 year before the relevant date and the landlord who is seeking possession requires the dwelling-house as the only or principal home of any of the following—
the landlord;
the landlord’s spouse or civil partner or a person with whom the landlord lives as if they were married or in a civil partnership;
the landlord’s—
parent;
grandparent;
sibling;
child;
grandchild;
a child or grandchild of a person mentioned in paragraph (b).
A relationship of the half-blood is to be treated as a relationship of the whole blood.
In the case of joint landlords seeking possession, references to “the landlord” in this ground are to be read as references to at least one of those joint landlords.
When calculating whether the current tenancy began at least 1 year before the relevant date, both—
the day when the current tenancy began, and
the relevant date,
must be included in the calculation.
New ground for sale of dwelling-house
3 After Ground 1 insert—
Ground 1A
The following conditions are met—
the landlord who is seeking possession intends to sell a freehold or leasehold interest in the dwelling-house or to grant a lease of the dwelling-house for a term certain of more than 21 years which is not terminable before the end of that term by notice given by or to the landlord;
the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977 or section 4 of the Rent (Agriculture) Act 1976;
either—
the current tenancy began at least 1 year before the relevant date, or
at the relevant date, notice of a compulsory acquisition in relation to the dwelling-house has been given, the landlord intends to sell their interest in the dwelling-house to the acquiring authority and the acquiring authority intends to acquire it;
the landlord seeking possession is not—
a non-profit registered provider of social housing,
a body registered as a social landlord in the register maintained under section 1 of the Housing Act 1996,
a body registered as a social landlord in the register kept under section 20(1) of the Housing (Scotland) Act 2010,
a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity, or
where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, a profit-making registered provider of social housing.
In paragraph (c)(ii), “sell” includes transfer.
When calculating whether the current tenancy began at least 1 year before the relevant date, both—
the day when the current tenancy began, and
the relevant date,
must be included in the calculation.
New ground for possession after rent-to-buy agreement
4 After Ground 1A (inserted by paragraph 3 of this Schedule) insert—
Ground 1B
The following conditions are met—
the landlord who is seeking possession intends—
to sell a freehold or leasehold interest in the dwelling-house,
to grant a lease of the dwelling-house for a term certain of more than 21 years which is not terminable before the end of that term by notice given by or to the landlord, or
to grant an assured tenancy to another person;
the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977 or section 4 of the Rent (Agriculture) Act 1976;
the landlord who is seeking possession is a private registered provider of social housing;
the assured tenancy was entered into pursuant to a rent-to-buy agreement;
the period stated in that agreement has expired;
the landlord who is seeking possession has complied with—
any provision of the rent-to-buy agreement requiring the landlord to offer the dwelling-house for sale to the tenant, and
any requirements in the agreement about such an offer.
In this ground—
“rent-to-buy agreement” means an agreement in writing which—
provides for the tenant to pay rent that is no higher than 80% of market rent (and here “rent” and “market rent” include any amount payable by way of service charge), and
gives notice that the landlord intends after a period stated in the agreement which is not less than 5 years or, for dwelling-houses in Greater London, 10 years from the beginning of the tenancy to offer the dwelling-house for sale to the tenant.
Amendments of Ground 2: sale by mortgagee
5 In Ground 2—
(a) in the words before paragraph (a) omit “granted before the beginning of the tenancy”;
(b) omit paragraph (c) (and the “and” before it).
New ground for possession when superior lease ends
6 After Ground 2 insert—
Ground 2ZA
The landlord who is seeking possession—
holds the interest in the dwelling-house under a superior tenancy where—
the superior landlord has given a valid notice to terminate that tenancy as a result of which the superior tenancy will end within the period of 12 months beginning with the relevant date, or
the superior tenancy is a fixed term tenancy of a term certain which will expire (if the tenancy does not come to an end earlier) within the period of 12 months beginning with the relevant date, and
is, or, in the case of joint landlords seeking possession, at least one of them is—
a private registered provider of social housing,
a tenant of the superior landlord under a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 which is a tenancy to which that Act applies, or a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995,
a person who held the dwelling-house for the purpose of making it available for occupation as supported accommodation, or
a company of which a local authority owns at least 50% of the issued share capital.
New grounds for possession in cases where there is a superior lease
7 After Ground 2ZA (inserted by paragraph 6 of this Schedule) insert—
Ground 2ZB
The landlord who is seeking possession holds the interest in the dwelling-house under a superior tenancy which is a fixed term tenancy of a term certain of more than 21 years and—
the fixed term will expire (if the tenancy does not come to an end earlier) within the period of 12 months beginning with the relevant date, or
if the superior tenancy has continued following the expiry of the fixed term, any party to the superior tenancy has served a valid notice to terminate that tenancy as a result of which the superior tenancy will end within the period of 12 months beginning with the relevant date.
Ground 2ZC
The landlord who is seeking possession became the landlord by virtue of section 18 no more than 6 months before the date on which the possession proceedings were commenced, and the previous landlord under the assured tenancy was, or, in the case of previous joint landlords, at least one them was—
a private registered provider of social housing,
a tenant of the superior landlord under a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 which is a tenancy to which that Act applies, or a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995,
a person who held the dwelling-house for the purpose of making it available for occupation as supported accommodation, or
a company of which a local authority owns at least 50% of the issued share capital.
Ground 2ZD
The landlord who is seeking possession became the landlord by virtue of section 18, no more than 6 months before the date on which the possession proceedings were commenced, as a result of a superior tenancy which was a fixed term tenancy of a term certain of more than 21 years coming to an end—
on the expiry of the fixed term,
within the period of 12 months ending with the date on which the fixed term would have expired if the tenancy had not come to an end, or
after the expiry of the fixed term, as a result of a valid notice to terminate the tenancy.
Repeal of Ground 3: holiday accommodation
8 Omit Ground 3.
Amendments of Ground 4: student accommodation
9 In Ground 4—
(a) omit the opening words;
(b) omit paragraph (a) (together with the final “and”);
(c) paragraph (b) becomes an unnumbered paragraph;
(d) after that unnumbered paragraph insert
and—
if the tenancy arose by succession as mentioned in section 39(5), notice was given to the previous tenant under Case 14 of Schedule 15 to the Rent Act 1977, and
the tenancy is not an assured agricultural occupancy in respect of which the agricultural worker condition is fulfilled by virtue of paragraph 3 of Schedule 3.
New ground for possession of student accommodation for occupation by students
10 After Ground 4 insert—
Ground 4A
The following conditions are met—
the dwelling-house is in an HMO or is an HMO,
the tenant meets the student test when the tenancy is entered into,
the landlord or, in the case of joint landlords, at least one of them, gives the tenant, before the tenancy is entered into, a written statement of the landlord’s wish to be able to recover possession on the basis that—
the tenant meets the student test when the tenancy is entered into, and
the landlord intends, on the next occasion on which the dwelling-house is let, to let it to a tenant who meets the student test when that new tenancy is entered into,
the period—
beginning with the day on which the tenancy was entered into, and
ending with the day on which the tenant was entitled to possession of the dwelling-house,
is six months or less,
the relevant date falls within the period beginning with 1 June and ending with 30 September in any year, and
the landlord seeking possession intends, on the next occasion on which the dwelling-house is let, to let it to a tenant who meets the student test when that new tenancy is entered into.
For the purposes of the conditions in paragraphs (b), (c) and (f), a tenant meets the student test when a tenancy is entered into if—
the tenant is a full-time student at that time, or
at that time, the landlord reasonably believes that the tenant would become a full-time student during the tenancy.
But, in a case where two or more persons are or would be the tenant, the tenant does not meet the student test unless all of those persons meet that test.
In this ground, “full-time student” means a person receiving education provided by means of a full-time course—
of any description mentioned in Schedule 6 to the Education Reform Act 1988 provided by an institution in England or Wales;
of any description mentioned in section 38(2) of the Further and Higher Education (Scotland) Act 1992 provided by an institution in Scotland;
of any description mentioned in Schedule 1 to the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)) provided by an institution in Northern Ireland.
In a case where, because of paragraph 8(7) of Schedule 1 to the 1988 Act, a tenancy becomes an assured tenancy, the condition in paragraph (c) of the first paragraph of this ground is met if the written statement referred to there is given within the period of 28 days beginning with the date on which the tenancy becomes an assured tenancy.
Amendment of Ground 5: ministers of religion
11 In Ground 5—
(a) omit paragraph (a) (together with the final “and”);
(b) after paragraph (b) insert—
if the tenancy arose by succession as mentioned in section 39(5), notice was given to the previous tenant under Case 15 of Schedule 15 to the Rent Act 1977, and
the tenancy is not an assured agricultural occupancy in respect of which the agricultural worker condition is fulfilled by virtue of paragraph 3 of Schedule 3.
New ground for possession for occupation by agricultural worker
12 After Ground 5 insert—
Ground 5A
The landlord seeking possession requires the dwelling-house for the purpose of housing a qualifying agricultural worker.
For the purpose of this ground a person is a “qualifying agricultural worker” in case A or B.
Case A is where—
the person will be employed in agriculture as a seasonal or permanent employee under a contract of employment, and
the employer under that contract is—
the landlord, or
in the case of joint landlords seeking possession, at least one of those landlords.
Case B is where—
the person will be—
employed in agriculture under a contract of employment, but the employer under that contract is not the landlord or, in the case of joint landlords, any of those landlords, or
working in agriculture under a contract that is not a contract of employment, whether the contract is express or implied and (if express) whether oral or in writing,
the person will be employed or working in agriculture under that contract wholly or mainly for—
the landlord, or
in the case of joint landlords seeking possession, at least one of the landlords, and
the relevant landlord intends that employment or work to continue for at least six months after the relevant date;
and here “relevant landlord” means the landlord, or whichever of the joint landlords, the person will be wholly or mainly working for.
In this ground—
“agriculture” has the same meaning as in the Rent (Agriculture) Act 1976 (see section 1 of that Act);
“contract of employment” has the meaning given by section 230(2) of the Employment Rights Act 1996.
New ground for possession for occupation by person who meets employment requirements
13 After Ground 5A (inserted by paragraph 12 of this Schedule) insert—
Ground 5B
The landlord seeking possession—
is a private registered provider of social housing,
holds the dwelling-house for the purpose of accommodating persons who meet requirements connected with their employment, and
requires the dwelling-house to let it under a new tenancy to a person who meets those requirements,
and the tenant in possession does not fulfil those requirements.
Ground 16 to be renumbered as Ground 5C and to be a mandatory ground for possession
14 (1) Ground 16 in Part 2 of Schedule 2, together with the italic heading before it, moves to after Ground 5B (inserted by paragraph 13 of this Schedule) and becomes Ground 5C in Part 1 of that Schedule.
(2) For the first paragraph of the new Ground 5C substitute—
The dwelling-house was let to the tenant in consequence of the tenant’s employment—
by the landlord seeking possession,
in the case of joint landlords seeking possession, by at least one of them,
by a previous landlord under the tenancy, or
pursuant to an agreement between any of those landlords and the employer,
and either—
the tenant has ceased to be in that employment, or
the tenancy was granted for the purpose of providing the tenant with accommodation during the early period of their employment, that purpose has been fulfilled and the landlord seeking possession intends to let the dwelling-house to another current or future employee of the employer.
In this ground, “the employer” means the tenant’s employer at the time the tenant entered the tenancy.
(3) After the second paragraph of the new Ground 5C insert—
This ground also applies to the letting of a dwelling-house to a tenant in consequence of the tenant’s service in the office of constable, but with the following modifications.
“Employment” means service in the office of constable.
In the first paragraph of this ground, in paragraph (d), “the employer” means any of the following persons—
the chief officer of a police force;
a policing body;
in relation to a constable’s service under the direction and control of a person who is not a constable (the “senior person”)—
the senior person, or
a person or body with the function of maintaining or securing the maintenance of the body of which the senior person is a member.
The first paragraph of this ground has effect as if the following were substituted for the second paragraph (b)—
the tenancy was granted for a particular purpose relating to the tenant’s service as a constable and—
that purpose has been fulfilled, or
the tenancy is no longer required for that purpose.
In those modifications—
“service in the office of a constable” includes a constable’s service under the direction and control of a person who is not a constable;
“chief officer of a police force” means—
a chief officer of police (which has the same meaning as in the Police Act 1996 — see section 101(1) of that Act),
the chief constable of the Ministry of Defence Police,
the chief constable of the British Transport Police,
the chief constable of the Civil Nuclear Constabulary,
the chief constable of the Police Service of Scotland, or
the chief constable of the Police Service of Northern Ireland;
“policing body” means—
a local policing body (which has the same meaning as in the Police Act 1996 — see section 101(1) of that Act),
the Secretary of State in relation to the Ministry of Defence Police,
the British Transport Police Authority,
the Civil Nuclear Police Authority,
the Scottish Police Authority, or
the Northern Ireland Policing Board.
(4) In the italic heading, for “16” substitute “5C”.
New ground for possession for end of employment requirements
15 After Ground 5C (as renumbered by paragraph 14 of this Schedule) insert—
Ground 5D
The landlord seeking possession is a private registered provider of social housing, the tenancy agreement includes a requirement connected with the tenant’s employment and the tenant no longer fulfils that requirement.
New ground for possession for occupation as supported accommodation
16 After Ground 5D (inserted by paragraph 15 of this Schedule) insert—
Ground 5E
The landlord seeking possession requires possession of the dwelling-house to let it as supported accommodation where—
the landlord holds the dwelling-house for the purpose of making it available for occupation as supported accommodation, and
the tenant did not enter the assured tenancy for the purpose of receiving care, support or supervision.
New grounds for possession of dwelling-house occupied as supported accommodation
17 (1) After Ground 5E (inserted by paragraph 16 of this Schedule) insert—
Ground 5F
The dwelling-house was supported accommodation when the tenancy was granted and any of the following applies—
the tenancy was granted for the purpose of providing the tenant with support services for a limited time in order to enable the tenant to be able to live in other accommodation in the future and the period for which those support services were to be provided has ended;
a person other than the landlord provides or provided support services to the tenant, but—
the support services have come to an end or the person is not fulfilling their obligations under the arrangements for the provision of those services, and
where the dwelling-house is not managed accommodation, the landlord has used reasonable endeavours to find another person to provide support services to the tenant but has not been able to do so;
where the accommodation or support services were funded wholly or partly by someone other than the landlord or the tenant—
that funding is no longer being provided,
where the dwelling-house is not managed accommodation, the landlord used reasonable endeavours to identify alternative funding before the relevant date but was not able to do so, and
it would not be reasonable for the landlord to continue to provide accommodation or for the person who provided support services to continue that provision in the circumstances;
the financial viability of the landlord or of supported accommodation or support services the landlord provides to others would, in the landlord’s reasonable opinion, be threatened if the landlord were to continue to provide or fund a supported accommodation project of which the tenant’s dwelling-house forms part and the landlord used reasonable endeavours to identify alternative funding for the project before the relevant date but was not able to do so;
the tenant does not need the level of support services that are provided;
the tenant does not need any support services;
the support services that are provided do not meet the tenant’s needs;
the dwelling-house has physical features intended to enable persons with needs for particular support services to live more independently than they could do so without those features and those physical features are not needed by the tenant;
the dwelling-house is physically unsuitable for a person with the tenant’s needs for support services to live in.
In paragraph (d), “supported accommodation project” means—
supported accommodation consisting of two or more dwelling-houses in the same building as, or otherwise nearby, each other,
supported accommodation consisting of two or more dwelling-houses occupied by tenants who receive support services of a similar kind, or
support services of a similar kind provided to tenants of two or more dwelling-houses that are supported accommodation.
In this ground, references to the “landlord” are to the landlord who is seeking possession.
(2) After Ground 17 insert—
Ground 18
The tenancy is of supported accommodation and the tenant has unreasonably refused to co-operate with the person providing support services with regard to those services.
New ground for possession for tenancy granted for homelessness duty
18 After Ground 5F (inserted by paragraph 17 of this Schedule) insert—
Ground 5G
The tenant’s occupation of the dwelling-house was (at any time during the period of occupation) in pursuance of a local housing authority’s duty to the tenant under section 193 of the Housing Act 1996 and—
the local housing authority has notified the landlord that the tenancy is not required for the purposes of that duty, and
the relevant date is no more than 12 months after the date on which the local housing authority notified the landlord as mentioned in paragraph (a).
In this ground “local housing authority” means a district council, a county council in England for an area for which there is no district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly.
New ground for possession of stepping stone accommodation
19 After Ground 5G (inserted by paragraph 18 of this Schedule) insert—
Ground 5H
The landlord seeking possession is a registered provider of social housing or a charity and—
the tenancy was granted because the tenant met one or more eligibility conditions,
a written tenancy agreement set out the eligibility condition (the “specified condition”) or the eligibility conditions (the “specified conditions”) that the tenant met,
either—
the tenant no longer meets the specified condition or specified conditions, or
the tenancy was granted in order to provide accommodation for a limited period to help the tenant transition to living independently and that period has come to an end,
the rent is no higher than 80% of market rent (and here “rent” and “market rent” include any amount payable by way of service charge), and
the tenancy was not granted—
pursuant to a nomination as mentioned in section 159(2)(c) of the Housing Act 1996,
as a tenancy of supported accommodation, or
in pursuance of a local housing authority’s duty under section 193 of the Housing Act 1996.
Each of the following is an “eligibility condition” for the purposes of this ground—
the tenant is in work, or work of a description specified in the condition, for which the tenant is paid;
the tenant is actively seeking work, or work of a description specified in the condition, for which the tenant would be paid;
the tenant is—
of a particular age, or
within a particular range of ages,
specified in the condition.
For the purposes of paragraph (a) or (b) of the definition of “eligibility condition”, a description of work may (in particular) be expressed by reference to—
work for a particular employer or description of employer or work at a particular place of work or description of place of work;
the amount which the tenant is paid for the work;
the duration or expected duration of the contract or other arrangement under which the work is done.
In this ground a reference—
to work includes self-employment;
to seeking work includes seeking to become self-employed.
The question of whether the tenant no longer meets the specified condition or specified conditions is to be determined for the purposes of this ground in accordance with the terms of the tenancy agreement.
But if—
the terms of the tenancy agreement do not make any provision about that question,
there are two or more specified conditions, and
the tenant no longer meets one or more of those conditions,
the tenant no longer meets the specified conditions for the purposes of this ground.
The Secretary of State may by regulations (“eligibility condition regulations”) make provision (including provision amending this ground)—
to add, vary or remove any eligibility condition;
about the meaning of any eligibility condition.
Eligibility condition regulations may make different provision for different purposes.
A statutory instrument containing eligibility condition regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Amendments of Ground 6: redevelopment
20 For Ground 6 (excluding the italic heading) substitute—
These conditions are met—
the general redevelopment conditions (in every case);
the landlord’s acquisition condition, but only in a case where section 7(5ZA) applies in relation to the tenancy;
the additional RSL condition, but only in a case where the landlord seeking possession is—
a relevant social landlord, and
the person who intends to carry out the work mentioned in this ground.
The “general redevelopment conditions” are met if—
the landlord seeking possession is mentioned in the first column in a row of the table in this ground;
the tenancy is mentioned in the second column of that row;
a person mentioned in the third column of that row intends to—
demolish or reconstruct the whole or a substantial part of the dwelling-house, or
carry out substantial works on the dwelling-house or any part of it, or any building of which it forms part;
the intended work cannot reasonably be carried out without the tenant giving up possession of the dwelling-house because—
the tenant is not willing to agree to such a variation of the terms of the tenancy as would give such access and other facilities as would permit the intended work to be carried out,
the nature of the intended work is such that no such variation is practicable,
the tenant is not willing to accept an assured tenancy of such part only of the dwelling-house (in this sub-paragraph referred to as “the reduced part”) as would leave in the possession of the landlord so much of the dwelling-house as would be reasonable to enable the intended work to be carried out and, where appropriate, as would give such access and other facilities over the reduced part as would permit the intended work to be carried out, or
the nature of the intended work is such that such a tenancy is not practicable;
either —
the assured tenancy began at least 6 months before the relevant date, or
notice of a compulsory acquisition was given in respect of the dwelling-house where—
the acquiring authority was the person who became the landlord who is seeking possession, and
the dwelling-house was transferred to that landlord within the period of 12 months ending with the relevant date;
the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977, as amended by Part 1 of Schedule 4 to this Act or, as the case may be, section 4 of the Rent (Agriculture) Act 1976, as amended by Part 2 of that Schedule.
The “landlord’s acquisition condition” is met if—
the landlord seeking possession acquired their interest in the dwelling-house before the grant of the tenancy, or
that interest was in existence at the time of that grant and neither that landlord (or, in the case of joint landlords, any of them) nor any other person who, alone or jointly with others, has acquired that interest since that time acquired it for money or money’s worth.
The “additional RSL condition” is met in case A, case B or case C.
Case A: a case where alternative accommodation that meets the following conditions is available for the tenant or will be available for the tenant when the order for possession takes effect—
it is let as a separate dwelling with adequate security of tenure;
it is affordable;
it is in an appropriate location;
it is not overcrowded.
Case B: a case where alternative accommodation that meets the following conditions is available for the tenant or will be available for the tenant when the order for possession takes effect—
it is being provided temporarily until other alternative accommodation becomes available which will meet the conditions in case A;
it is affordable;
it is in an appropriate location;
it is not overcrowded.
Case C: a case where—
the tenancy of the dwelling-house was not granted pursuant to a nomination as mentioned in section 159(2)(c) of the Housing Act 1996,
when the tenancy was granted, the landlord intended to—
demolish or reconstruct the whole or a substantial part of the dwelling-house, or
carry out substantial works on the dwelling-house or any part of it, or any building of which it forms part,
within a specific period, and
the relevant social landlord gave the tenant, before the tenancy was entered into, a written statement of the landlord’s wish to be able to recover possession on the basis of that intention to carry out that work within that period (and that period must be included in the statement).
For the purpose of the additional RSL condition, accommodation—
is let “with adequate security of tenure” if it is let—
on an assured tenancy, or
on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by an assured tenancy;
is “affordable” if it is—
no more expensive than the dwelling-house of which possession is being sought, or
reasonably suitable to the means of the tenant;
is “in an appropriate location” if it is—
reasonably close to the dwelling-house of which possession is being sought, or
reasonably suitable to the needs of the tenant and the tenant’s family as regards proximity to place of work;
is “overcrowded” if the result of the occupation of the accommodation by the tenant and the tenant’s family would be that it would be an overcrowded dwelling for the purposes of Part 10 of the Housing Act 1985.
Table
Landlord seeking possession | Tenancy | Landlord intending to redevelop
a relevant social landlord | any tenancy | the landlord who is seeking possession a superior landlord
the unit-holder of a commonhold unit in relation to which a commonhold association exercises functions | a tenancy of a dwelling-house which is contained in or comprises the commonhold unit | the landlord who is seeking possession the commonhold association
any landlord other than a relevant social landlord or a unit-holder of a commonhold unit in relation to which a commonhold association exercises functions | any tenancy | the landlord who is seeking possession
In this ground—
“commonhold association”, “commonhold unit” and “unit-holder” have the meanings given by Part 1 of the Commonhold and Leasehold Reform Act 2002 (see sections 11 to 13 and 34 of that Act);
“relevant social landlord” means—
a non-profit registered provider of social housing,
a body registered as a social landlord in the register maintained under section 1 of the Housing Act 1996,
a body registered as a social landlord in the register kept under section 20(1) of the Housing (Scotland) Act 2010,
a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity, or
where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, a profit-making registered provider of social housing.
New ground for possession of alternative accommodation provided during redevelopment
21 After Ground 6 insert—
Ground 6A
These conditions are met—
the landlord seeking possession (the “current landlord”) is a relevant social landlord;
the dwelling-house (the “current home”) was made available for occupation by the tenant, or a predecessor in title of the tenant, to enable redevelopment of another dwelling-house (the “previous home”) which—
was the only or principal home of the tenant or predecessor in title, and
was occupied by the tenant or predecessor in title under a tenancy (the “previous tenancy”) of which the landlord was—
a relevant social landlord, or
a registered provider of social housing other than a private registered provider of social housing;
alternative accommodation that—
consists of the previous home and is affordable, or
consists of other premises and is affordable, in an appropriate location and not overcrowded,
is available for the tenant or will be available for the tenant when the order for possession takes effect;
that alternative accommodation is to be let as a separate dwelling with adequate security of tenure.
For the purpose of this ground, accommodation—
is let “with adequate security of tenure” if it is let—
on an assured tenancy, or
on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by an assured tenancy;
is “affordable” if it—
is no more expensive than the previous home, making these assumptions—
that the redevelopment of the previous home has not taken place, and
that the tenant, or predecessor in title, has continued to be the tenant of the previous home under the previous tenancy, or
is reasonably suitable to the means of the tenant;
is “in an appropriate location” if it is—
reasonably close to the previous home, or
reasonably suitable to the needs of the tenant and the tenant’s family as regards proximity to place of work;
is “overcrowded” if the result of the occupation of the accommodation by the tenant and the tenant’s family would be that it would be an overcrowded dwelling for the purposes of Part 10 of the Housing Act 1985.
In this Ground—
“redevelopment”, in relation to the dwelling-house that is the previous home, means—
demolishing or reconstructing the whole or a substantial part of the dwelling-house, or
carrying out substantial works on the dwelling-house or any part of it, or any building of which it forms part;
“relevant social landlord” has the same meaning as in Ground 6.
New ground for possession to allow compliance with enforcement action
22 After Ground 6A (inserted by paragraph 21) insert—
Ground 6B
Any of the following applies—
letting the dwelling-house causes the landlord to breach a banning order under section 16 of the Housing and Planning Act 2016, or would do so if the landlord were to continue to let the dwelling-house;
an improvement notice under section 11 or 12 of the Housing Act 2004—
specifies the dwelling-house or premises in which the dwelling-house is contained as requiring remedial action, and
specifies overcrowding as the deficiency giving rise to the hazard in respect of which that remedial action is to be taken;
a prohibition order under section 20 or 21 of the Housing Act 2004 prohibits use of—
the dwelling-house,
the common parts, or
any part of the dwelling-house or of the common parts,
either for all purposes or for any purpose that is incompatible with continued occupation by the tenant;
the dwelling-house is or is in an HMO which is required to be licensed under section 61 of the Housing Act 2004, and—
the landlord applied for a licence under section 63 of the Housing Act 2004 and the local housing authority refused to grant a licence, or
the landlord held a licence but the licence has been revoked;
the dwelling-house is or is in a house which is required to be licensed under section 85 of the Housing Act 2004, and—
the landlord applied for a licence under section 87 of the Housing Act 2004 and the local housing authority refused to grant a licence, or
the landlord held a licence but the licence has been revoked;
the dwelling-house is or is in an HMO which is licensed under Part 2 of the Housing Act 2004 or a house which is licensed under Part 3 of that Act and that HMO or house is occupied by more than the maximum number of households or persons specified in the licence;
compliance with a planning enforcement notice or injunction would be, or is, incompatible with continued occupation of the dwelling-house by the tenant.
In this ground—
“common parts” has the same meaning as in Ground 13;
“house” has the same meaning as in Part 3 of the Housing Act 2004 (see section 99 of that Act);
references to the “landlord” are to the landlord who is seeking possession or, in the case of joint landlords seeking possession, to at least one of them;
“planning enforcement notice or injunction” means—
an enforcement notice issued under section 172 or 182 of the TCPA 1990 that has taken effect,
a breach of condition notice served under section 187A of the TCPA 1990,
an injunction granted under section 187B of the TCPA 1990,
a listed building enforcement notice issued under section 38, 45 or 46 of the P(LBCA)A 1990 that has taken effect, or
an injunction granted under section 44A of the P(LBCA)A 1990;
“P(LBCA)A 1990” means the Planning (Listed Building and Conservation Areas) Act 1990;
“TCPA 1990” means the Town and Country Planning Act 1990;
“the local housing authority” has the meaning given in section 261 of the Housing Act 2004.
Amendments of Ground 7: death of tenant
23 In Ground 7—
(a) in the first unnumbered paragraph for the words from “The tenancy” to “devolved” insert “The tenancy has devolved on a person (the “new tenant”)”;
(b) after the first unnumbered paragraph insert—
But, if the new tenant is occupying the dwelling-house as the new tenant’s only or principal home immediately before the death of the former tenant, an order for possession on this Ground may not be made unless—
the tenancy has previously devolved on the former tenant under a will or intestacy (whenever that devolution occurred), or
the tenancy is a special tenancy immediately before the death of the former tenant.
In this Ground “special tenancy” means—
a tenancy of social housing (within the meaning given by Part 2 of the Housing and Regeneration Act 2008) where the landlord is a private registered provider of social housing;
a tenancy entered into pursuant to a rent-to-buy agreement (which has the same meaning as in Ground 1B) where the landlord is a private registered provider of social housing;
a tenancy of supported accommodation, within the meaning given by paragraph 12 of Schedule 2;
a tenancy where the former tenant’s occupation of the dwelling-house is in pursuance of a local housing authority’s duty to the tenant under section 193 of the Housing Act 1996 (and here “local housing authority” has the same meaning as in Ground 5G);
a tenancy which meets the conditions in paragraphs (a), (b), (d) and (e) in the first paragraph of Ground 5H.
(c) omit the third unnumbered paragraph.
Amendments of Ground 8: rent arrears
24 In Ground 8—
(a) in paragraph (a), for “eight” substitute “thirteen”;
(b) in paragraph (b), for “two” substitute “three”;
(c) omit paragraphs (c) and (d);
(d) at the end insert—
When calculating how much rent is unpaid for the purpose of this ground, if the tenant is entitled to receive an amount for housing as part of an award of universal credit under Part 1 of the Welfare Reform Act 2012, any amount that was unpaid only because the tenant had not yet received the payment of that award is to be ignored.
Power to amend Schedule 2 and new interpretation provisions
25 After Part 4 of Schedule 2 to the 1988 Act insert—
Part 5 Interpretation
12 (1) In this Schedule—
“acquiring authority” means, where notice of a compulsory acquisition has been given, the person who would be authorised to make the compulsory acquisition if the order or legislation to which the notice relates were to become operative;
“HMO” has the same meaning as in Part 2 of the Housing Act 2004 (see section 77 of that Act);
“housing association” has the meaning given by section 1 of the Housing Associations Act 1985;
“managed accommodation” means supported accommodation into which a tenant has been admitted in order to meet a need for care, support or supervision, in a case in which that care, support or supervision is provided otherwise than by the landlord or a person acting on behalf of the landlord;
“relevant date”—
in Grounds 2ZA, 2ZB and 5F, means the date of service of the notice under section 8;
otherwise, means the date specified in the notice under section 8
but see sub-paragraph (2) where the court exercises the power conferred by section 8(1)(b);;
“support services” in relation to a tenant in supported accommodation, means care, support or supervision—
which is provided by the landlord or a person acting on behalf of the landlord, or
which the tenant was admitted into the accommodation for the purpose of receiving;
“supported accommodation” means a dwelling-house let—
by—
a housing association,
a private registered provider of social housing,
a registered charity, or
a voluntary organisation, and
to a tenant who receives care, support or supervision provided either—
by the landlord or a person acting on behalf of the landlord, or
by someone else, if the tenant has been admitted into the accommodation in order to meet a need for care, support or supervision.
(2) Where the court exercises the power conferred by section 8(1)(b) (power to dispense with notice under section 8) references in this Schedule to the relevant date are to be read as references to the date on which proceedings for possession began.
(3) For the purposes of this Schedule, each of the following constitutes giving notice of a compulsory acquisition—
(a) in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order—
(i) publication of the notice required by section 11 of, or (as the case may be) paragraph 2 of Schedule 1 to, the Acquisition of Land Act 1981, in accordance with that Act, or
(ii) service of the notice required by section 12 of, or (as the case may be) paragraph 3 of Schedule 1 to, that Act, in accordance with that Act;
(b) in the case of a compulsory acquisition which is to be authorised by any other order, publication or service of any notice that any provision of or made under any Act requires to be published or served in connection with that acquisition, in accordance with that Act;
(c) in the case of a compulsory acquisition which is to be authorised by a special enactment, publication or service of a notice that, in connection with that acquisition, is published or served in accordance with any Standing Order of either House of Parliament relating to private business.
(4) In sub-paragraph (3)—
“compulsory purchase order” means a compulsory purchase order within the meaning given by the Acquisition of Land Act 1981 (see section 2 of that Act);
“special enactment” means—
a local or private Act which authorises the compulsory acquisition of land specifically identified in that Act, or
a provision which—
is contained in an Act other than a local or private Act, and
authorises the compulsory acquisition of land specifically identified in that Act.
Part 6 Powers to amend certain grounds and definitions
13 (1) The Secretary of State may by regulations amend this Schedule so as to—
(a) amend Ground 2ZA to change the descriptions of the landlord who may use the ground;
(b) amend Ground 2ZC to change the descriptions of previous landlord mentioned in it;
(c) provide for Ground 5C to apply only where the landlord seeking possession or the employer is of a particular description;
(d) amend Ground 5H to change the descriptions of landlord who may use the ground;
(e) add other situations to the list in the first paragraph of Ground 6B in which that ground may be relied on or remove any situations added by virtue of this sub-paragraph;
(f) amend the definition of “special tenancy” in Ground 7;
(g) amend the definition of “supported accommodation” or “managed accommodation” in paragraph 12.
(2) Regulations under this paragraph may—
(a) make consequential, supplementary, incidental, transitional or saving provision;
(b) make different provision for different purposes.
(3) Regulations under this paragraph are to be made by statutory instrument.
(4) A statutory instrument containing regulations under this paragraph may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Schedule 2 Amendments relating to Chapter 1 of Part 1
Section 29
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951
1 The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 is amended as follows.
2 In section 16 (protection of tenure of certain rented premises by extension of Housing Act 1988) as it applies otherwise than to Scotland—
(a) omit subsection (1);
(b) in subsection (2)(a) omit “which is a periodic tenancy”;
(c) in subsection (3), for “Neither subsection (1) nor subsection (2) above applies” substitute “Subsection (2) does not apply”;
(d) in subsection (4), for “subsections (1) and” substitute “subsection”.
3 In section 17 (provision supplementary to section 16 of that Act) as it applies otherwise than to Scotland—
(a) omit subsection (1);
(b) in subsection (2)—
(i) in paragraph (a) omit “which is a periodic tenancy”;
(ii) for paragraph (b) and the words after it substitute—
(b) immediately before the time when the tenancy would otherwise have come to an end as mentioned in paragraph (a)—
(i) the tenant under the terms of the tenancy has the exclusive occupation of some accommodation (in this section referred to as “the separate accommodation”), and has the use of other accommodation in common with another person or other persons, not being or including the landlord, but
(ii) by reason only of such circumstances as are mentioned in section 16(4), subsection (1) of section 3 of the Housing Act 1988 (provisions where tenant shares accommodation with persons other than landlord) does not have effect with respect to the separate accommodation,
during the remainder of the period of protection, section 3 of the Housing Act 1988 applies in relation to the separate accommodation as if the circumstances referred to in sub-paragraph (ii) did not exist and, accordingly, as if the tenancy had become an assured tenancy immediately before it would otherwise have come to an end.
;
(c) in subsection (3) for “Neither subsection (1) nor subsection (2) above applies” substitute “Subsection (2) does not apply”.
4 In section 18 (protection of tenure under a licence or rent free letting) as it applies otherwise than to Scotland, in subsection (1), omit “a statutory periodic tenancy which is”.
5 In section 19 (limitation of application of Housing Act 1988 by virtue of sections 16 to 18 of that Act) as it applies otherwise than to Scotland—
(a) in paragraph (a) omit “the statutory periodic tenancy which is deemed to arise or, as the case may be,”;
(b) in paragraph (b) omit “before the time when that statutory periodic tenancy was deemed to arise or, as the case may be,”.
6 In section 20 (modifications) as it applies otherwise than to Scotland—
(a) in subsection (2)—
(i) in the opening words, for “Ground 16” substitute “Ground 5C”;
(ii) in paragraph (b) omit “statutory periodic tenancy or”;
(b) in subsection (3), in the words before paragraph (a), for “16” substitute “18”.
7 In section 23 (interpretation) omit the definitions of “fixed term tenancy” and “statutory periodic tenancy”.
Greater London Council (General Powers) Act 1973
8 In section 25 of the Greater London Council (General Powers) Act 1973 (provision of temporary sleeping accommodation to constitute material change of use), in subsection (2)—
(a) in paragraph (a), after “person” insert “otherwise than under or by virtue of an assured tenancy”;
(b) after that paragraph insert—
(aa) “assured tenancy” means an assured tenancy within the meaning of Chapter 1 of Part 1 of the Housing Act 1988;
Housing Act 1985
9 The Housing Act 1985 is amended as follows.
10 In section 81ZA (grant of secure tenancies in cases of domestic abuse), in subsection (4), in the definition of “qualifying tenancy”, in paragraph (b), omit sub-paragraph (i).
11 In section 81B (cases where old-style English secure tenancies may be granted), in subsection (2C), in the definition of “qualifying tenancy”, in paragraph (b), omit “which is not an assured shorthold tenancy and”;
12 In section 82A (demotion because of anti-social behaviour)—
(a) in subsection (1), omit paragraphs (ba) and (c);
(b) in subsection (8), omit paragraph (b).
13 In section 171B (extent of preserved right), omit subsection (1A).
14 In section 553 (effect of repurchase on certain existing tenancies (England)), in subsection (2)—
(a) in paragraph (a), omit the words “or an assured tenancy”;
(b) in paragraph (b), omit the words from “or in accordance” to the end of that paragraph (including the “and” at the end of that paragraph);
(c) omit paragraph (c).
15 In section 554 (grant of tenancy to former owner-occupier), in subsection (3)—
(a) omit paragraph (c) (and the “or” at the end of that paragraph);
(b) after paragraph (b), insert—
(ca) an assured tenancy, or
.
16 In Part 4 of Schedule 2 (grounds for possession: secure tenancies), in paragraph (1)(c), omit the words from “which is neither” to the end of that paragraph.
17 In Schedule 3 (grounds for withholding consent to assignment by way of exchange), in ground 2A, in the definition of “demotion order”, omit “or section 6A of the Housing Act 1988”.
Landlord and Tenant Act 1985
18 In section 13(1A) of the Landlord and Tenant Act 1985 (as amended by section 31) omit paragraph (b) and the “or” before it.
Agricultural Holdings Act 1986
19 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 2, in paragraph 3—
(a) in sub-paragraph (1), for paragraphs (c) and (d) substitute—
(c) premises which are to be let as a separate dwelling such that they will then be let on an assured tenancy (construing that term in accordance with Part 1 of the Housing Act 1988)—
(i) by the person who was the landlord under the tenancy of the agricultural holding (“the former agricultural landlord”), or
(ii) by another person pursuant to a contract or other agreement entered into with the former agricultural landlord under which—
(A) the premises are to be let as suitable alternative accommodation for the purposes of paragraph (b) of case A, and
(B) subsection (5ZA) of section 7 of that Act is to apply;
(d) premises which are to be let as a separate dwelling in any other case on terms which will afford to the tenant security of tenure reasonably equivalent to the security that would be afforded by Chapter 1 of Part 1 of that Act in a case within paragraph (c).
;
(b) omit sub-paragraph (2).
Housing Act 1988
20 The 1988 Act is amended as follows.
21 In section 1 (assured tenancies), in subsection (5), omit “(and under any statutory periodic tenancy which arises on the coming to an end of that tenancy)”.
22 In section 1A (application of Chapters 1, 2 and 3 of Part 1 to dwelling in Wales), in subsection (3), after “tenancy” insert “, without the amendments made by the Renters’ Rights Act 2025”.
23 In section 5 (security of tenure)—
(a) in subsection (1)—
(i) in paragraph (a)(i) omit “or 21”;
(ii) omit paragraphs (b) and (c) (but not the “or” after them);
(iii) in the words after paragraph (d), for “a periodic” substitute “an”;
(b) omit subsections (2) to (7).
24 Omit section 6.
25 In section 9 (extended discretion of court in possession claims), in subsection (6), omit paragraph (b) and the “or” before it.
26 In section 10A (power to order transfer of tenancy in certain cases) omit subsection (8).
27 In section 15 (limited prohibition on assignment etc. without consent), in subsection (3), omit “a statutory periodic tenancy or”.
28 In section 17 (succession to assured tenancy)—
(a) in subsection (1)(a), omit “periodic”;
(b) in subsection (1A)(a), omit “periodic”;
(c) omit subsection (1B);
(d) omit subsection (1C);
(e) in subsection (1D), for “, (1A), (1B) or (1C)” substitute “or (1A)”;
(f) in subsection (5), omit “or (1B)(c) above”;
(g) in subsection (6), omit “, (1C)”;
(h) omit subsection (7).
29 In section 18 (provisions as to reversions on assured tenancies)—
(a) in subsection (3)—
(i) in the words before paragraph (a) omit “which is a periodic tenancy (including a statutory periodic tenancy)”;
(ii) omit paragraph (a) and the “or” after it;
(iii) in paragraph (b), for “periodic” substitute “assured”;
(iv) in the words after paragraph (b), for “periodic” substitute “assured”;
(b) omit subsection (4).
30 In section 34 (restrictions on new protected tenancies and agricultural occupancies) omit subsection (3).
31 In section 37 (no further assured tenancies under Housing Act 1980), in subsection (5), omit “(and under any statutory periodic tenancy which arises on the coming to an end of that tenancy)”.
32 (1) Section 39 (statutory tenants: succession) is amended as follows.
(2) In subsection (5), in the words after paragraph (b), omit “periodic”.
(3) In subsection (6)—
(a) in the words before paragraph (a), omit “periodic”;
(b) in paragraph (d), after the second “tenancy” insert “(but this is subject to section 4A)”;
(c) in paragraph (e), for “sections 13 to 15” substitute “sections 13 to 16B”;
(d) omit paragraph (f).
(4) Omit subsection (7).
(5) In subsection (8)—
(a) omit “periodic”;
(b) after “above)” insert “; and section 24A does not apply in relation to the assured tenancy to which the successor becomes entitled”.
(6) For subsection (9) substitute—
(9) Where, immediately before the predecessor’s death, the predecessor was a tenant under a fixed term tenancy (the “former tenancy”), the following provisions of this subsection apply in relation to the assured tenancy to which the successor becomes entitled on the predecessor’s death (the “new tenancy”)—
(a) not later than the first anniversary of the date of the predecessor’s death, the landlord may serve on the tenant, or the tenant may serve on the landlord, a notice in the prescribed form (a “notice of variation”)—
(i) proposing terms of the new tenancy, other than terms as to the amount of the rent, that are different from the terms which have effect by virtue of subsection (6)(e) (the “implied terms”), and
(ii) if the landlord or the tenant considers it appropriate, proposing an adjustment of the amount of the rent to take account of the proposed terms;
(b) where a notice of variation has been served under paragraph (a)—
(i) within the period of three months beginning on the date on which the notice was served on him, the landlord or the tenant, as the case may be, may, by an application in the prescribed form, refer the notice to the appropriate tribunal under paragraph (c), and
(ii) if the notice is not so referred, then, with effect from such date, not falling within the period referred to in sub-paragraph (i), as may be specified in the notice, the terms proposed in the notice shall become terms of the tenancy in substitution for any of the implied terms dealing with the same subject matter and the amount of the rent shall be varied in accordance with any adjustment so proposed;
(c) where a notice of variation is referred to the appropriate tribunal, the appropriate tribunal must consider the terms proposed in the notice and must determine whether those terms, or some other terms (dealing with the same subject matter as the proposed terms), are such as, in the appropriate tribunal’s opinion, might reasonably be expected to be found in an assured tenancy of the dwelling-house concerned, being a tenancy—
(i) which begins on the date of the predecessor’s death, and
(ii) which is granted by a willing landlord on terms which, except in so far as they relate to the subject matter of the proposed terms, are those of the new tenancy at the time of the appropriate tribunal’s consideration;
(d) whether or not a notice of variation proposes an adjustment of the amount of the rent under the former tenancy, where the appropriate tribunal determine any terms under paragraph (c), they must, if they consider it appropriate, specify such an adjustment to take account of the terms so determined;
(e) in making a determination underparagraph (c), or specifying an adjustment of an amount of rent under paragraph (d), there must be disregarded any effect on the terms or the amount of the rent attributable to the granting of a tenancy to a sitting tenant;
(f) where a notice of variation is referred to the appropriate tribunal, then, unless the landlord and the tenant otherwise agree, with effect from such date as the appropriate tribunal may direct—
(i) the terms determined by the appropriate tribunal become terms of the new tenancy in substitution for any of the implied terms dealing with the same subject matter, and
(ii) the amount of the rent under the statutory periodic tenancy is altered to accord with any adjustment specified by the appropriate tribunal;
but for the purposes of sub-paragraph (ii) the appropriate tribunal must not direct a date earlier than the date specified, in accordance with subsection (3)(b) above, in the notice of variation;
(g) nothing in this section requires the appropriate tribunal to continue with a determination under paragraph (c) if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end.
33 In section 41 (rent assessment committees: procedure and information powers), in subsection (2), omit “or Chapter II”.
34 In section 41A (amounts attributable to services) omit “or 22”.
35 In section 45 (interpretation of Part 1)—
(a) in subsection (1) omit the definition of “statutory periodic tenancy”;
(b) in subsection (2) omit “Subject to paragraph 11 of Schedule 2 to this Act,”.
36 In Schedule 2 (grounds for possession)—
(a) in Part 3, in paragraph 2(a), omit the words from “other than—” to the end of sub-paragraph (ii) (but not the “, or” at the end of the paragraph);
(b) omit Part 4.
37 In Schedule 4 (statutory tenants: succession), in Part 3, omit paragraph 24.
Local Government and Housing Act 1989
38 The Local Government and Housing Act 1989 is amended as follows.
39 In Schedule 10 (security of tenure on ending of long residential tenancies)—
(a) in paragraph 5(1)(a), omit “, other than Ground 16”;
(b) for paragraph 5(2) substitute—
(2) Ground 6 in Schedule 2 to the 1988 Act may not be specified in a landlord’s notice to resume possession if the tenancy is a former 1954 Act tenancy.
(2A) Where that Ground applies to any other long residential tenancy in accordance with sub-paragraph (1), it is to apply as if—
(a) in paragraph (b) of that Ground, the words “, but only in a case where section 7(5ZA) applies in relation to the tenancy,” were omitted;
(b) in the general redevelopment conditions, paragraph (f) was omitted.
;
(c) in paragraph 6(3)(c)—
(i) omit “(other than an assured shorthold tenancy)”;
(ii) for “5” substitute “5H”;
(d) in paragraph 11(3)—
(i) in the opening words, omit “(not being an assured shorthold tenancy)”;
(ii) in paragraph (c), for “5” substitute “5H”;
(e) in paragraph 11(5)—
(i) in the opening words, omit “(not being an assured shorthold tenancy)”;
(ii) in paragraph (c), for “5” substitute “5H”;
(f) in paragraph 12(1), omit “or Chapter II”;
(g) in paragraph 13(4), for “15” substitute “18”.
40 In Schedule 11 (minor and consequential amendments), omit paragraphs 103 and 108.
Housing Act 1996
41 The Housing Act 1996 is amended as follows.
42 In section 64 omit the entry for “assured shorthold tenancy”.
43 Omit sections 96 to 100.
44 In section 124 (introductory tenancies), in subsection (2)(b), omit “, other than an assured shorthold tenancy,”.
45 In section 125 (duration of introductory tenancy)—
(a) in subsection (3), omit “, or a relevant assured shorthold tenancy,”;
(b) omit subsection (3A).
46 In section 143 (index of defined expressions) omit “and assured shorthold tenancy”.
47 In section 143C (change of landlord), in subsection (3), omit “shorthold”.
48 In section 175 (homelessness and threatened homelessness), in subsection (5)—
(a) in paragraph (a), for “section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured shorthold tenancy)” substitute “section 8 of the Housing Act 1988 (notice of proceedings for possession)”;
(b) in paragraph (b), for “that notice will expire” substitute “the date specified in that notice is”.
49 In section 188 (interim duty to accommodate in case of apparent priority need) omit subsection (1A).
50 In section 193A(4) (consequences of refusal of final accommodation offer or final Part 6 offer at the initial relief stage)—
(a) in paragraph (a) omit “shorthold”;
(b) at the end of paragraph (a) insert “and”;
(c) omit paragraph (c) and the “and” before it.
51 In section 195 (duties in cases of threatened homelessness), in subsection (6)—
(a) in the words before paragraph (a), for “section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured shorthold tenancy)” substitute “section 8 of the Housing Act 1988 (notice of proceedings for possession)”;
(b) in paragraph (a)—
(i) for “will expire” substitute “specifies a date that is”;
(ii) for “expired” substitute “passed”.
52 In section 209 (discharge of interim duties: arrangements with private landlord), in subsection (2), in the words after paragraph (b), for the words from “assured shorthold tenancy” (in the first place it occurs) to the end substitute “assured tenancy”.
53 In section 218 (index of defined expressions: Part 7), in the entry for assured tenancy and assured shorthold tenancy, omit “and assured shorthold tenancy”.
54 In section 230 (minor definitions: general), in the first definition, omit “, “assured shorthold tenancy””.
55 Omit Schedule 7.
Capital Allowances Act 2001
56 In the Capital Allowances Act 2001, in section 490(3)(b) (assured tenancy allowances), omit “(but not an assured shorthold tenancy)”.
Police Reform Act 2002
57 In section 100 of the Police Reform Act 2002 (Metropolitan Police Authority housing) omit subsection (4).
Homelessness Act 2002
58 In section 7 of the Homelessness Act 2002 (events causing main homelessness duty to cease)—
(a) for subsection (1) substitute—
(1) Section 193 of the 1996 Act (events which bring main homelessness duty to an end) is amended in accordance with subsections (3) to (5).
;
(b) omit subsection (2).
Finance Act 2003
59 In Schedule 9 to the Finance Act 2003 (stamp duty land tax: right to buy, shared ownership leases etc)—
(a) in paragraph 13, in each place it occurs, for “assured shorthold tenancy” substitute “assured tenancy”;
(b) in paragraph 14, in each place it occurs, for “assured shorthold tenancy” substitute “assured tenancy”.
Anti-social Behaviour Act 2003
60 In the Anti-social Behaviour Act 2003—
(a) in section 14 (security of tenure: anti-social behaviour) omit subsection (4);
(b) omit section 15;
(c) in Schedule 1 (demoted tenancies), omit paragraph 2(3).
Housing Act 2004
61 The Housing Act 2004 is amended as follows.
62 Omit section 75.
63 Omit section 98.
64 In section 116 (general effect of final management orders), in subsection (4)—
(a) in paragraph (a)(ii), omit “(subject to paragraph (b))”;
(b) for paragraph (b) substitute—
(b) paragraph (a) does not apply to the creation of an interest in the nature of an assured tenancy within the meaning of Part 1 of the Housing Act 1988.
65 In section 136 (making of final EDMOs), in subsection (5), before paragraph (a) insert—
(aa) where the EDMO is to be made by a local housing authority in England, paragraph 2 is to be read as requiring the notice under paragraph 1 to also set out the rights and powers of the authority under paragraph 10(3) of Schedule 7 in connection with a dwelling in relation to which a final EDMO is in force;
.
66 In Schedule 7 (general effect of final EDMOs), in paragraph 10(4)—
(a) in paragraph (a)(ii) omit “(subject to paragraph (b))”;
(b) for paragraph (b) substitute—
(b) paragraph (a) does not apply to the creation of an interest in the nature of an assured tenancy within the meaning of the Housing Act 1988.
Housing and Regeneration Act 2008
67 The Housing and Regeneration Act 2008 is amended as follows.
68 In section 180 (right to acquire)—
(a) in subsection (2)(a), omit “, other than a long tenancy”;
(b) in subsection (2A), omit “shorthold”.
69 In Schedule 11 (possession orders relating to certain tenancies), in Part 1—
(a) omit paragraph 7;
(b) omit paragraph 9.
Regulatory Enforcement and Sanctions Act 2008
70 In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 (enactments specified for the purposes of Part 1), in the appropriate place, insert—
Tenant Fees Act 2019 (c.4)
Charities Act 2011
71 (1) The Charities Act 2011 is amended as follows.
(2) In section 117 (restrictions on disposition of land: general), in subsection (2)(b)(ii), after “less” insert “or which are assured tenancies”.
(3) In section 120 (requirements for leases which are for 7 years or less)—
(a) in the heading, after “less” insert “or which are assured tenancies”;
(b) in subsection (1), the words from “a lease” to the end become paragraph (a);
(c) after that paragraph insert
, or
(b) a lease that is an assured tenancy within the meaning of Chapter 1 of Part 1 of the Housing Act 1988.
Localism Act 2011
72 In the Localism Act 2011—
(a) in section 148 (duties to homeless persons) omit subsection (6)(b) and the “and” before it;
(b) in section 149 (duties to homeless persons: further amendments) omit subsections (2) and (4);
(c) in section 158 (secure and assured tenancies: transfer of tenancy)—
(i) omit subsection (3)(b)(i) and the “and” after it;
(ii) omit subsection (4)(b) and the “or” before it;
(iii) in subsection (8)(b), omit the words “that is not an assured shorthold tenancy”;
(iv) in subsection (9)(b), omit the words “that is not an assured shorthold tenancy”;
(v) in subsection (10), omit “shorthold”;
(d) in section 159 (further provisions about transfer of tenancy under section 158), in subsection (6)(c), for “and “assured shorthold tenancy” have” substitute “has”;
(e) in section 162 (secure and assured tenancies: recovery of possession after tenant’s death) omit subsection (4);
(f) omit section 163;
(g) omit section 164;
(h) in section 184 (tenancy deposit schemes), omit subsections (10) to (13);
(i) in Schedule 14 (grounds on which landlord may refuse to surrender and grant tenancies), in paragraph 6(4), in the definition of “demotion order”, omit “or section 6A of the Housing Act 1988”.
Deregulation Act 2015
73 In the Deregulation Act 2015—
(a) omit section 31;
(b) omit sections 33 to 41.
Immigration Act 2016
74 In section 41 of the Immigration Act 2016 (order for possession of dwelling-house), in subsection (3), omit paragraphs (c) and (d).
Renting Homes (Wales) Act 2016 (anaw 1)
75 In Schedule 12 to the Renting Homes (Wales) Act 2016—
(a) in the Welsh language text, after paragraph 29 insert—
29A At ddibenion paragraffau 28 a 29, mae Deddf Tai 1988 yn gymwys heb y diwygiadau a wnaed gan Ddeddf Rhentwyr (Diwygio) 2025 (p.26).
;
(b) in the English language text, after paragraph 29 insert—
29A For the purposes of paragraphs 28 and 29, the Housing Act 1988 applies without the amendments made by the Renters’ Rights Act 2025 (c.26).
Homelessness Reduction Act 2017
76 In section 4 of the Homelessness Reduction Act 2017 (duty in cases of threatened homelessness) omit subsection 4.
Section 100(6)
Part 1 Amendments of Housing Act 2004
1 The Housing Act 2004 is amended as follows.
2 (1) Section 1 (new system for assessing housing conditions and enforcing housing standards) is amended as follows.
(2) In subsection (3)(a), omit “hazard”.
(3) After subsection (8) insert—
(9) But unoccupied HMO accommodation is “qualifying residential premises” for the purposes of this Part only to the extent provided for by section 2B(1)(c).
6 After section 6 insert—
Financial penalties relating to category 1 hazards or type 1 requirements
6A (1) This section applies where—
(a) a local housing authority is required by section 5(1) to take the appropriate enforcement action in relation to—
(i) the existence of a category 1 hazard on qualifying residential premises other than the common parts of a building containing one or more flats, or
(ii) a failure by qualifying residential premises other than the common parts of a building containing one or more flats to meet a type 1 requirement, and
(b) in the opinion of the local housing authority it would have been reasonably practicable for the responsible person to secure the removal of the hazard or the meeting of the requirement.
(2) When first taking that action, the local housing authority may also impose on the responsible person a financial penalty under this section in relation to the hazard or failure.
(3) In subsections (1) and (2), “the responsible person” is the person on whom an improvement notice may be served in accordance with paragraphs A1 to 4 of Schedule 1 in relation to the hazard or failure.
(4) For the purposes of subsection (3)—
(a) it is to be assumed that serving such a notice in relation to the hazard or failure is a course of action available to the authority, and
(b) any reference in paragraphs A1 to 4 of Schedule 1 to “the specified premises” is, in relation to the imposition of a financial penalty under this section, to be read as a reference to the premises specified in the final notice in accordance with paragraph 8(c) of Schedule A1.
(5) In subsection (4)(b), “final notice” has the meaning given by paragraph 6 of Schedule A1.
(6) The amount of the penalty is to be determined by the authority but must not be more than £7,000.
(7) A penalty under this section may relate to—
(a) more than one category 1 hazard on the same premises,
(b) more than one failure to meet type 1 requirements by the same premises, or
(c) any combination of such hazards or failures on or by the same premises.
(8) The Secretary of State may by regulations amend the amount specified in subsection (6) to reflect changes in the value of money.
(9) Schedule A1 makes provision about—
(a) the procedure for imposing a financial penalty under this section,
(b) appeals against financial penalties under this section,
(c) enforcement of financial penalties under this section, and
(d) how local housing authorities are to deal with the proceeds of financial penalties under this section.
9 (1) Section 9 (guidance about inspections and enforcement action) is amended as follows.
(2) In subsection (1)(b), omit “hazard”.
(3) After that subsection insert—
(1A) The Secretary of State may give guidance to local housing authorities in England about exercising their functions under this Chapter in relation to—
(a) assessing whether qualifying residential premises meet the requirements specified by regulations under section 2A, or
(b) financial penalties.
32 In section 54 (index of defined expressions: Part 1)—
(a) at the appropriate places insert—
Qualifying residential premises | Section 2B(1)
;
Relevant tenancy | Section 2B(2)
;
Social housing | Section 2B(2)
;
Supported exempt accommodation | Section 2B(2)
;
Type 1 requirement | Section 2A(3)(a)
;
Type 2 requirement | Section 2A(3)(b)
, and
(b) in the entry for “Hazard awareness notice”, in the first column, omit “Hazard” (and, accordingly, move the entry to the appropriate place).
34 Before Schedule 1 insert—
Schedule A1
Procedure and appeals relating to financial penalties under section 6A
Section 6A
Notice of intent
1 Before imposing a financial penalty on a person under section 6A a local housing authority must give the person notice of the authority’s proposal to do so (a “notice of intent”).
2 The notice of intent must be given before the end of the period of 6 months beginning with the first day on which the authority has evidence sufficient to require it to take the appropriate enforcement action under section 5(1) in relation to—
(a) the existence of the category 1 hazard, or
(b) the failure to meet the type 1 requirement.
3 The notice of intent must set out—
(a) the date on which the notice of intent is given,
(b) the amount of the proposed financial penalty,
(c) the reasons for proposing to impose the penalty,
(d) information about the right to make representations under paragraph 4.
Right to make representations
4 (1) A person who is given a notice of intent may make written representations to the authority about the proposal to impose a financial penalty.
(2) Any representations must be made within the period of 28 days beginning with the day after the day on which the notice of intent was given (“the period for representations”).
Final notice
5 After the end of the period for representations the local housing authority must—
(a) decide whether to impose a financial penalty on the person, and
(b) if it decides to do so, decide the amount of the penalty.
6 If the local housing authority decides to impose a financial penalty on the person, it must give a notice to the person (a “final notice”) imposing that penalty.
7 The final notice must require the penalty to be paid within the period of 28 days beginning with the day after that on which the notice was given.
8 The final notice must set out—
(a) the date on which the final notice is given,
(b) the amount of the financial penalty,
(c) the premises—
(i) on which the authority considers a category 1 hazard exists;
(ii) which the authority considers fail to meet a type 1 requirement,
(d) the reasons for imposing the penalty,
(e) information about how to the pay the penalty,
(f) the period for payment of the penalty,
(g) information about rights of appeal, and
(h) the consequences of failure to comply with the notice.
Withdrawal or amendment of notice
9 (1) A local housing authority may at any time—
(a) withdraw a notice of intent or final notice, or
(b) reduce an amount specified in a notice of intent or final notice.
(2) The power in sub-paragraph (1) is to be exercised by giving notice in writing to the person to whom the notice was given.
Appeals
10 (1) A person to whom a final notice is given may appeal to the First-tier Tribunal against—
(a) the decision to impose the penalty, or
(b) the amount of the penalty.
(2) An appeal under this paragraph must be brought within the period of 28 days beginning with the day after that on which the final notice is given to the person.
(3) If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined, withdrawn or abandoned.
(4) An appeal under this paragraph—
(a) is to be a re-hearing of the authority’s decision, but
(b) may be determined having regard to matters of which the authority was unaware.
(5) On an appeal under this paragraph the First-tier Tribunal may quash, confirm or vary the final notice.
(6) The final notice may not be varied under sub-paragraph (5) so as to impose a financial penalty of more than the local housing authority could have imposed.
Recovery of financial penalty
11 (1) This paragraph applies if a person fails to pay the whole or any part of a financial penalty which, in accordance with this Schedule, the person is liable to pay.
(2) The local housing authority which imposed the financial penalty may recover the penalty, or part of it, on the order of the county court as if it were payable under an order of that court.
(3) In proceedings before the county court for the recovery of a financial penalty or part of a financial penalty, a certificate which is—
(a) signed by the chief finance officer of the authority which imposed the financial penalty, and
(b) states that the amount due has not been received by a date specified in the certificate,
is conclusive evidence of that fact.
(4) A certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved.
(5) In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989.
Proceeds of financial penalties
12 Where a local housing authority imposes a financial penalty under section 6A, it may apply the proceeds towards meeting the costs and expenses (whether administrative or legal) incurred in, or associated with, carrying out any of its enforcement functions under Part 1 of this Act, the Renters’ Rights Act 2025 or otherwise in relation to the private rented sector.
13 Any proceeds of a financial penalty imposed under section 6A which are not applied in accordance with paragraph 12 must be paid to the Secretary of State.
14 (1) In paragraph 12, the reference to enforcement functions “in relation to the private rented sector” means enforcement functions relating to—
(a) residential premises in England that are let, or intended to be let, under a tenancy,
(b) the common parts of such premises,
(c) the activities of a landlord under a tenancy of residential premises in England,
(d) the activities of a superior landlord in relation to such a tenancy,
(e) the activities of a person carrying on English letting agency work within the meaning of section 54 of the Housing and Planning Act 2016 in relation to such premises, or
(f) the activities of a person carrying on English property management work within the meaning of section 55 of the Housing and Planning Act 2016 in relation to such premises.
(2) For the purposes of this paragraph “residential premises” does not include social housing.
(3) For the purposes of this paragraph “tenancy” includes a licence to occupy.
Part 2 Amendments of other Acts
Tenant Fees Act 2019
42 In Schedule 3 to the Tenant Fees Act 2019 (financial penalties), in paragraph 12(1), after paragraph (c) insert—
(ca) the activities of a superior landlord in relation to such a tenancy,
.
Section 102
Notice of intent
1 Before imposing a financial penalty on a person under section 40, 57, 66 or 91, a local housing authority must give the person notice of its proposal to do so (a “notice of intent”).
2 (1) The notice of intent must be given before the end of the period of 6 months beginning with the first day on which the authority has sufficient evidence of the conduct to which the financial penalty relates.
(2) But if the person is continuing to engage in the conduct on that day, and the conduct continues beyond the end of that day, the notice of intent may be given—
(a) at any time when the conduct is continuing, or
(b) within the period of 6 months beginning with the last day on which the conduct occurs.
3 The notice of intent must set out—
(a) the date on which the notice of intent is given,
(b) the amount of the proposed financial penalty,
(c) the reasons for proposing to impose the penalty, and
(d) information about the right to make representations under paragraph 4.
Right to make representations
4 (1) A person who is given a notice of intent may make written representations to the authority about the proposal to impose a financial penalty.
(2) Any representations must be made within the period of 28 days beginning with the day after the day on which the notice of intent was given to the person (“the period for representations”).
Final notice
5 After the end of the period for representations the enforcement authority must—
(a) decide whether to impose a financial penalty on the person, and
(b) if it decides to do so, decide the amount of the penalty.
6 If the local housing authority decides to impose a financial penalty on the person, it must give a notice to the person (a “final notice”) imposing that penalty.
7 The final notice must require the penalty to be paid within the period of 28 days beginning with the day after that on which the notice was given.
8 The final notice must set out—
(a) the date on which the final notice is given,
(b) the amount of the financial penalty,
(c) the reasons for imposing the penalty,
(d) information about how to pay the penalty,
(e) the period for payment of the penalty,
(f) information about rights of appeal, and
(g) the consequences of failure to comply with the notice.
Withdrawal or amendment of notice
9 (1) A local housing authority may at any time—
(a) withdraw a notice of intent or final notice, or
(b) reduce an amount specified in a notice of intent or final notice.
(2) The power in sub-paragraph (1) is to be exercised by giving notice in writing to the person to whom the notice was given.
Appeals
10 (1) A person to whom a final notice is given may appeal to the First-tier Tribunal against—
(a) the decision to impose the penalty, or
(b) the amount of the penalty.
(2) An appeal under this paragraph must be brought within the period of 28 days beginning with the day after that on which the final notice is given to the person.
(3) If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined, withdrawn or abandoned.
(4) An appeal under this paragraph—
(a) is to be a re-hearing of the authority’s decision, but
(b) may be determined having regard to matters of which the authority was unaware.
(5) On an appeal under this paragraph the First-tier Tribunal may quash, confirm or vary the final notice.
(6) The final notice may not be varied under sub-paragraph (5) so as to impose a financial penalty of more than the local housing authority could have imposed.
Recovery of financial penalty
11 (1) This paragraph applies if a person fails to pay the whole or any part of a financial penalty which, in accordance with this Schedule, the person is liable to pay.
(2) The local housing authority which imposed the financial penalty may recover the penalty or part on the order of the county court as if it were payable under an order of that court.
(3) In proceedings before the county court for the recovery of a financial penalty or part of a financial penalty, a certificate which is—
(a) signed by the chief finance officer of the authority which imposed the penalty, and
(b) states that the amount due has not been received by a date specified in the certificate,
is conclusive evidence of that fact.
(4) A certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved.
(5) In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989.
Proceeds of financial penalties
12 Where a local housing authority imposes a financial penalty under section 40, 57, 66 or 91, it may apply the proceeds towards meeting the costs and expenses (whether administrative or legal) incurred in, or associated with, carrying out any of its enforcement functions under this Act or otherwise in relation to the private rented sector.
13 Any proceeds of a financial penalty imposed under section 40, 57, 66 or 91 which are not applied in accordance with paragraph 12 must be paid to the Secretary of State.
14 (1) In paragraph 12, enforcement functions “in relation to the private rented sector” means enforcement functions relating to—
(a) residential premises in England that are let, or intended to be let, under a tenancy,
(b) the common parts of such premises,
(c) the activities of a landlord under a tenancy of residential premises in England,
(d) the activities of a superior landlord in relation to such a tenancy,
(e) the activities of a person carrying on English letting agency work within the meaning of section 54 of the Housing and Planning Act 2016 in relation to such premises, or
(f) the activities of a person carrying on English property management work within the meaning of section 55 of the Housing and Planning Act 2016 in relation to such premises.
(2) For the purposes of this paragraph “residential premises” has the meaning given by section 1 of the Housing Act 2004 except that it does not include social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.
(3) For the purposes of this paragraph, “tenancy” includes a licence to occupy.
Section 146(2)
Part 1 Application of Chapter 1 of Part 1 to existing tenancies
Tenancies which become periodic on the commencement date
1 (1) This paragraph applies to an existing tenancy which becomes a periodic tenancy on the expiry of a fixed term.
(2) Where the fixed term expires immediately before the commencement date, the amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until immediately after the first periodic term has begun.
Section 1: start of deemed rent period for existing tenancies
2 In relation to an existing tenancy, section 4A of the 1988 Act (inserted by section 1) is to be read as if—
(a) in subsection (3), for the words before paragraph (a), there were substituted “Terms of an assured tenancy which provide for the rent periods are of no effect, so far as relating to rent periods beginning on or after the commencement date (within the meaning given by section 146 of the Renters’ Rights Act 2025), unless each rent period beginning on or after that date is—”;
(b) in subsection (5), for paragraph (a) (and the “and” following it) there were substituted—
(a) for successive rent periods of one month beginning—
(i) if the commencement date is a date on which a rent period would, but for subsection (3), have begun, with the commencement date, or
(ii) otherwise, with the day after the last day of the rent period within which the commencement date falls, and
;
(c) in subsection (6), for “R is the rent that would have been due for the first rent period of the tenancy under the terms that are of no effect by virtue of subsection (3)” there were substituted “R is the rent due for the rent period before the first rent period provided for by subsection (5)(a)”.
Section 2: claim form for section 21 possession proceedings already requested
3 (1) This paragraph applies where—
(a) before the commencement date—
(i) a valid notice under section 21 of the 1988 Act has been given, and
(ii) the claimant in possession proceedings has requested the court to issue the claim form for those proceedings, and
(b) immediately before the commencement date, possession proceedings have not begun or have not been concluded.
(2) The notice under section 21 remains valid until possession proceedings are concluded.
(3) The amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice under section 21 ceases to be valid by virtue of sub-paragraph (2) (and accordingly the tenancy remains an assured shorthold tenancy until then).
(4) In relation to a tenancy to which sub-paragraph (3) applies, section 146(3) (except in its application to this paragraph) has effect as if the following were substituted for the definition of “commencement date”—
“commencement date” means the date on which, by virtue of paragraph 3 of Schedule 6, the amendments made by Chapter 1 of Part 1 apply in relation to a tenancy;
.
(5) In this paragraph “possession proceedings” means proceedings for an order for possession under section 21 of the 1988 Act in reliance on a valid notice given under that section.
Section 2: claim form for section 21 possession proceedings not already requested
4 (1) This paragraph applies where, before the commencement date—
(a) a valid notice under section 21 of the 1988 Act has been given, and
(b) the claimant in possession proceedings has not requested the court to issue the claim form for those proceedings.
(2) Section 21 of the 1988 Act has effect as if the following were substituted for subsections (4D) and (4E)—
(4D) Subject to subsection (4E), proceedings for an order for possession under this section in relation to a dwelling-house in England may not be begun if the claimant in the proceedings requests the court to issue the claim for the proceedings after the end of the applicable period.
(4DA) For that purpose the “applicable period” is—
(a) the period of six months beginning with the date on which the notice was given under subsection (1) or (4), or
(b) the period of three months beginning with the commencement date, if this three month period ends before the six month period mentioned in paragraph (a).
(4E) Where—
(a) a notice under subsection (4) has been given in relation to a dwelling-house in England, and
(b) paragraph (b) of that subsection requires the date specified in the notice to be more than two months after the date the notice was given,
proceedings for an order for possession under this section may not be begun if the claimant in the proceedings requests the court to issue the claim for the proceedings after the end of the applicable period.
(4EA) For that purpose the “applicable period” is—
(a) the period of four months beginning with the date specified in the notice, or
(b) the period of three months beginning with the commencement date, if this three month period ends before the four month period mentioned in paragraph (a).
(4EB) In subsections (4DA) and (4EA) “commencement date” has the meaning given by section 146 of the Renters’ Rights Act 2025.
(3) The notice under section 21 remains valid—
(a) until the end of the applicable period, except where the claimant has requested the court to issue the claim form for possession proceedings before the end of that period;
(b) until possession proceedings are concluded, if the claimant has requested the court to issue the claim form for those proceedings before the end of the applicable period.
(4) The amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice under section 21 ceases to be valid by virtue of sub-paragraph (3) (and accordingly the tenancy remains an assured shorthold tenancy until then).
(5) In relation to a tenancy to which sub-paragraph (4) applies, section 146(3) (except in its application to this paragraph) has effect as if the following were substituted for the definition of “commencement date”—
“commencement date” means the date on which, by virtue of paragraph 4 of Schedule 6, the amendments made by Chapter 1 of Part 1 apply in relation to a tenancy;
.
(6) In this paragraph—
“applicable period”, in relation to possession proceedings, has the same meaning that it has in relation to those proceedings in section 21 of the 1988 Act as modified by sub-paragraph (2);
“possession proceedings” means proceedings for an order for possession under section 21 of the 1988 Act in reliance on a valid notice given under that section.
Section 3(2)(g): saving of section 7(7) in relation to tenancies where fixed term ends before commencement date
5 Section 7(7) of the 1988 Act continues to apply after the commencement date, despite section 3(2)(g), in relation to an existing tenancy that was a fixed term tenancy before the commencement date.
Section 6: no effect on rent increases before commencement date
6 The amendments made by section 6 do not affect the validity of any increase in rent under an existing tenancy, before the commencement date, in reliance on a provision—
(a) which was at the time binding on the tenant, and
(b) under which the rent for a particular period of the tenancy would or might be greater than the rent for an earlier period.
Sections 12, 13 and 15: provision of information in writing
7 (1) Where an existing tenancy is wholly or partly in writing—
(a) section 16D and 16E(1)(f) of the 1988 Act (inserted by sections 12 and 13) do not apply;
(b) section 16I(1) of that Act (inserted by section 15) is to be read as if for “contravened section 16D” there were substituted “contravened paragraph 7(2) of Schedule 6 to the Renters’ Rights Act 2025”.
(2) The landlord under any existing tenancy that is wholly or partly in writing—
(a) must give the tenant any information in writing about the changes made by this Act which is required to be given by regulations made by the Secretary of State; and
(b) must do so before the end of the period of one month beginning with the commencement date.
(3) Where a landlord referred to in sub-paragraph (2) has entered into a contract with a person which requires that person to ensure compliance with that sub-paragraph (whether or not it is referred to individually), sub-paragraph (2) also applies to that person, as it applies to the landlord.
(4) Regulations under sub-paragraph (2) may—
(a) provide for the information to be given in the form of a document produced by the Secretary of State;
(b) provide that the document to be given is the version that has effect at the time the requirement applies.
(5) Where an existing tenancy is wholly oral, section 16D(4) of the 1988 Act (inserted by section 12) is to be read as if, for “before the tenancy is entered into” there were substituted “before the end of the period of one month beginning with the commencement date (within the meaning given by section 146 of the Renters’ Rights Act 2025)”.
(6) Regulations under sub-paragraph (2)—
(a) may make different provision for different purposes;
(b) are to be made by statutory instrument.
(7) A statutory instrument containing regulations under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament.
Section 15: no liability in respect of conduct before commencement date
8 Conduct engaged in, in relation to an existing tenancy, before the commencement date—
(a) does not give rise to liability to a financial penalty under section 16I or 16K of the 1988 Act (inserted by section 13), and
(b) does not constitute an offence under section 16J (as so inserted).
Section 20: no effect on notice to quit given before commencement date
9 The amendment made by section 20 does not affect the validity of any notice given under section 5 of the Protection from Eviction Act 1977 in relation to an existing tenancy before the commencement date.
Section 24: existing opt-out notices for assured agricultural occupancies
10 Where an existing tenancy would be an assured agricultural occupancy but for a notice served under paragraph 9(2) of Schedule 2A to the 1988 Act, the tenancy is to be treated for the purposes of Chapter 3 of Part 1 of the 1988 Act as amended by this Act, on and after the commencement date, as a tenancy in relation to which an opt-out notice has been served under section 24A of the 1988 Act (inserted by section 24 of this Act).
Section 26: tenancy deposits
11 The amendments made by section 26 do not apply in relation to an existing tenancy that, immediately before the commencement date, was an assured tenancy other than an assured shorthold tenancy.
Section 27: tenant fees
12 The amendments made by section 27 do not apply in relation to an existing tenancy that, immediately before the commencement date, was an assured tenancy other than an assured shorthold tenancy.
Schedule 1: student accommodation ground
13 (1) In relation to an existing tenancy, ground 4A in Schedule 2 to the 1988 Act has effect as if—
(a) in the first paragraph, the following were substituted for paragraphs (b) and (c)—
(b) either or both of the following applies—
(i) the tenant met the student test when the tenancy was entered into;
(ii) the tenant meets the student test when the written statement referred to in paragraph (c) is given,
(c) the landlord or, in the case of joint landlords, at least one of them, gives the tenant, before the end of the period of one month beginning with the commencement date (within the meaning given by section 146 of the Renters’ Rights Act 2025), a written statement of the landlord’s wish to be able to recover possession on the basis that—
(i) the condition in paragraph (b) is met, and
(ii) the landlord intends, on the next occasion on which the dwelling-house is let, to let it to a tenant who meets the student test when that new tenancy is entered into,
;
(b) paragraph (d) were omitted;
(c) the following were substituted for the second and third paragraphs—
For the purposes of the conditions in paragraphs (b), (c) and (f), a tenant meets, or met, the student test at a particular time if—
the tenant is, or was, a full-time student at that time, or
at that time, the landlord reasonably believes, or believed, that the tenant would become a full-time student during the tenancy.
But, in a case where two or more persons are or would be, or were, the tenant, the tenant does not, or did not, meet the student test unless all of those persons meet, or met, that test.
(2) In relation to an existing tenancy which is a qualifying student tenancy, ground 4A in Schedule 2 to the 1988 Act has effect—
(a) subject to the modifications in sub-paragraph (1) of this paragraph, and
(b) additionally as if, in the first paragraph of ground 4A, paragraphs (a) and (e) were omitted.
(3) For the purposes of this paragraph, an existing tenancy is a “qualifying student tenancy” if any of the following is a member of a specified housing management code of practice—
(a) the landlord;
(b) a person appointed to act on the landlord’s behalf in respect of the tenancy;
(c) a person appointed to discharge management functions in respect of the building which comprises the dwelling-house or in which the dwelling-house is situated.
(4) In sub-paragraph (3)—
“housing management code of practice” means a code of practice approved by the Secretary of State under section 233 of the Housing Act 2004 (codes relating to the management of HMOs or excepted accommodation);
“management functions” in respect of a building includes functions relating to—
the provision of services, or
the repair, maintenance, improvement or insurance of the building;
“specified” means specified in regulations made by the Secretary of State.
Schedule 1: stepping stone accommodation ground
14 In relation to an existing tenancy, paragraph (b) in Ground 5H in Schedule 2 to the 1988 Act is to be read as if after “agreement” there were inserted “or a written statement given to the tenant before the commencement date (within the meaning given by section 146 of the Renters’ Rights Act 2025)”.
Schedule 1: redevelopment ground
15 In relation to an existing tenancy, paragraph (c) in case C where the “additional RSL condition” is met in Ground 6 in Schedule 2 to the 1988 Act is to be read as if for “before the tenancy was entered into” there were substituted “before the end of the period of one month beginning with the commencement date (within the meaning given by section 146 of the Renters’ Rights Act 2025)”.
Claim form for section 8 possession proceedings already requested
16 (1) This paragraph applies where—
(a) before the commencement date—
(i) a valid notice under section 8 of the 1988 Act has been given, and
(ii) the claimant in possession proceedings has requested the court to issue the claim form for those proceedings, and
(b) immediately before the commencement date, possession proceedings have not begun or have not been concluded.
(2) The notice under section 8 remains valid until possession proceedings are concluded.
(3) The amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice under section 8 ceases to be valid by virtue of sub-paragraph (2) (and accordingly the tenancy remains an assured shorthold tenancy until then).
(4) In relation to a tenancy to which sub-paragraph (3) applies, section 146(3) (except in its application to this paragraph) has effect as if the following were substituted for the definition of “commencement date”—
“commencement date” means the date on which, by virtue of paragraph 16 of Schedule 6, the amendments made by Chapter 1 of Part 1 apply in relation to a tenancy;
.
(5) In this paragraph “possession proceedings” means proceedings for an order for possession under section 8 of the 1988 Act in reliance on a valid notice given under that section.
Claim form for section 8 possession proceedings not already requested
17 (1) This paragraph applies where, before the commencement date—
(a) a valid notice under section 8 of the 1988 Act has been given, and
(b) the claimant in possession proceedings has not requested the court to issue the claim form for those proceedings.
(2) The notice under section 8 remains valid—
(a) until the end of the applicable period, except where the claimant has requested the court to issue the claim form for possession proceedings before the end of that period;
(b) until possession proceedings are concluded, if the claimant has requested the court to issue the claim form for those proceedings before the end of the applicable period.
(3) The amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice under section 8 ceases to be valid by virtue of sub-paragraph (2) (and accordingly the tenancy remains an assured shorthold tenancy until then).
(4) In relation to a tenancy to which sub-paragraph (3) applies, section 146(3) (except in its application to this paragraph) has effect as if the following were substituted for the definition of “commencement date”—
“commencement date” means the date on which, by virtue of paragraph 17 of Schedule 6, the amendments made by Chapter 1 of Part 1 apply in relation to a tenancy;
.
(5) In this paragraph—
“applicable period”, in relation to possession proceedings—
the period of twelve months included in the notice under section 8 of the 1988 Act in accordance with subsection (3)(c) of that section, or
the period of three months beginning with the commencement date, if this three month period ends before the twelve month period mentioned in paragraph (a);
“possession proceedings” means proceedings for an order for possession under section 8 of the 1988 Act in reliance on a valid notice given under that section.
Interpretation
18 In this Schedule “commencement date” and “existing tenancy” have the meanings given by section 146.
Part 2 Existing instruments which permit or require letting etc
Key definitions
19 (1) “Residential premises” are premises that consist of or include one or more dwelling-houses in England.
(2) A lease of residential premises (whether or not in writing) is a “relevant pre-application instrument” if it was entered into—
(a) before the commencement date, or
(b) on or after that date under a contract entered into before that date.
(3) A mortgage arrangement which relates to residential premises is a “relevant pre-application instrument” if it was entered into—
(a) before the commencement date, or
(b) on or after that date by the acceptance of an offer made before that date.
(4) A contract of insurance which relates to residential premises is a “relevant pre-application instrument” if it was entered into—
(a) before the commencement date, or
(b) on or after that date by the acceptance of an offer made before that date.
(5) A section 106 obligation is a “relevant pre-application instrument” if it was entered into before the commencement date.
(6) In relation to a relevant pre-application instrument, “affected dwelling-house” means—
(a) if the relevant pre-application instrument is a lease, the dwelling-house, or each dwelling-house, let by the lease;
(b) if the relevant pre-application instrument is a mortgage arrangement, the dwelling-house, or each dwelling-house, to which the mortgage arrangement relates;
(c) if the relevant pre-application instrument is a contract of insurance, the dwelling-house, or each dwelling-house, to which the contract of insurance relates;
(d) if the relevant pre-application instrument is a section 106 obligation, the dwelling-house, or each dwelling-house, to which the section 106 obligation relates.
(7) In relation to times before the commencement date, an assured tenancy is a “relevant” assured tenancy if—
(a) it is not an assured shorthold tenancy,
(b) it is a periodic tenancy, and
(c) each period of the tenancy is—
(i) a period of 28 days or shorter, or
(ii) a monthly period,
including where there are different periods at different times, each of which falls within sub-paragraph (i) or (ii).
(8) In relation to times on or after the commencement date, an assured tenancy is a “relevant” assured tenancy if—
(a) it is a periodic tenancy, and
(b) each period of the tenancy is—
(i) a period of 28 days or shorter, or
(ii) a monthly period,
including where there are different periods at different times, each of which falls within sub-paragraph (i) or (ii).
Saving for existing powers to vary
20 Nothing in this Part of this Schedule prevents a relevant pre-application instrument from being varied or modified by the parties to it (and accordingly paragraphs 21 to 26 and paragraph 28 are subject to any such variation or modification).
Relevant pre-application instruments that permit letting on tenancies that are no longer possible
21 (1) This paragraph applies to a relevant pre-application instrument if either or both of conditions A and B are met in relation to the affected dwelling-house.
(2) Condition A: immediately before the commencement date, the relevant pre-application instrument—
(a) permitted the affected dwelling-house to be let under an assured shorthold tenancy, but
(b) did not permit the affected dwelling-house to be let under a relevant assured tenancy.
(3) Condition B: immediately before the commencement date, the relevant pre-application instrument—
(a) permitted the affected dwelling-house to be let under an assured tenancy (other than an assured shorthold tenancy), but
(b) did not permit the affected dwelling-house to be let under a relevant assured tenancy.
(4) The relevant pre-application instrument has effect on and after the commencement date as if it permits the affected dwelling-house to be let under a relevant assured tenancy.
(5) That power to let under a relevant assured tenancy is exercisable in the same circumstances, and on the same terms, as the pre-commencement power to let was exercisable immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.
(6) In this paragraph “pre-commencement power to let” means—
(a) if only condition A is met, the power to let mentioned in sub-paragraph (2)(a);
(b) if only condition B is met, the power to let mentioned in sub-paragraph (3)(a);
(c) if conditions A and B are both met, the power to let mentioned in sub-paragraph (3)(a).
Relevant pre-application instruments that permit letting on tenancies that continue to be possible
22 (1) This paragraph applies to a relevant pre-application instrument if, immediately before the commencement date, the relevant pre-application instrument permitted the affected dwelling-house to be let under a relevant assured tenancy.
(2) That power to let under a relevant assured tenancy continues to be exercisable in the same circumstances, and on the same terms, as it was exercisable immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.
Relevant pre-application instruments that require letting on tenancies that are no longer possible
23 (1) This paragraph applies to a relevant pre-application instrument if either or both of conditions A and B are met.
(2) Condition A: immediately before the commencement date—
(a) the relevant pre-application instrument required the affected dwelling-house to be let, and
(b) that requirement—
(i) would have been complied with by letting the affected dwelling-house under an assured shorthold tenancy, but
(ii) would not have been complied with by letting the affected dwelling-house under a relevant assured tenancy.
(3) Condition B: immediately before the commencement date—
(a) the relevant pre-application instrument required the affected dwelling-house to be let, and
(b) that requirement—
(i) would have been complied with by letting the affected dwelling-house under an assured tenancy (other than an assured shorthold tenancy), but
(ii) would not have been complied with by letting the affected dwelling-house under a relevant assured tenancy.
(4) The relevant pre-application instrument has effect on and after the commencement date as if it requires the affected dwelling-house to be let under a relevant assured tenancy.
(5) That requirement to let under a relevant assured tenancy must be complied with in the same circumstances, and on the same terms, as the pre-commencement requirement had to be complied with immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.
(6) In this paragraph “pre-commencement requirement” means—
(a) if only condition A is met, the requirement to let mentioned in sub-paragraph (2)(b)(i);
(b) if only condition B is met, the requirement to let mentioned in sub-paragraph (3)(b)(i);
(c) if conditions A and B are both met, the requirement to let mentioned in sub-paragraph (3)(b)(i).
Relevant pre-application instruments that require letting on tenancies that continue to be possible
24 (1) This paragraph applies to a relevant pre-application instrument if, immediately before the commencement date—
(a) the relevant pre-application instrument required the affected dwelling-house to be let, and
(b) that requirement would have been complied with by letting the affected dwelling-house under a relevant assured tenancy.
(2) That requirement to let under a relevant assured tenancy must still be complied with in the same circumstances, and on the same terms, as it had to be complied with immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.
Pre-commencement s.106 obligations with provision relating to letting on terms that are no longer possible
25 (1) This paragraph applies to a pre-application section 106 obligation if, immediately before the commencement date, it prevented or restricted the taking of particular action unless or until the affected dwelling-house was let under a superseded tenancy.
(2) On and after the commencement date, the pre-application section 106 obligation has effect as if it prevents or restricts the taking of the particular action unless or until the affected dwelling-house is let under a relevant assured tenancy.
(3) Any such letting under a relevant assured tenancy is to be made in the same circumstances, and on the same terms, as a letting under a superseded tenancy immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.
Pre-commencement s.106 obligations with provision relating to letting on terms that continue to be possible
26 (1) This paragraph applies to a pre-application section 106 obligation if, immediately before the commencement date—
(a) provision of the pre-application section 106 obligation prevented or restricted the taking of particular action unless or until the affected dwelling-house was let, and
(b) that provision would have ceased to prevent or restrict that action if the affected dwelling-house was let under a relevant assured tenancy.
(2) Such a letting under a relevant assured tenancy must still be made in the same circumstances, and on the same terms, as a letting under a relevant assured tenancy immediately before the commencement date, except so far as that would be inconsistent with any provision made by or under this Act.
Requirements under the Community Infrastructure Regulations 2010
27 (1) This paragraph applies where—
(a) a planning permission is granted before the commencement date on a relevant determination,
(b) the planning permission was granted on the basis of a pre-application section 106 obligation, and
(c) at the time the planning permission was granted, the pre-application section 106 obligation met the requirements under regulation 122(2) of the Community Infrastructure Regulations 2010.
(2) On and after the commencement date any effect of this Part is to be disregarded when considering whether the pre-application section 106 obligation continues to meet those requirements.
(3) In this paragraph “relevant determination” has the meaning given by regulation 122(3) of the Community Infrastructure Regulations 2010.
Leases which cannot be returned at end of term free of sub-lease
28 (1) This paragraph applies to a lease if—
(a) the lease was entered into before the commencement date or under a contract entered into before that date,
(b) the lease is—
(i) periodic, or
(ii) a fixed term lease of a term certain not exceeding 21 years,
(c) the lease is modified by paragraph 21 or 23,
(d) a dwelling-house is sub-let under the lease on a tenancy (entered into before or after the commencement date) which is (or becomes on or after that date, by virtue of this Act or otherwise) a relevant assured tenancy, and
(e) the tenancy was entered into in accordance with the terms of the lease as they stood when the tenancy was entered into (or, if it was not, the breach has been waived by the landlord).
(2) The lease has effect as if it provided that a failure by the lessee at the end of the lease to return the premises to the landlord free from the relevant assured tenancy does not constitute a breach of the lease.
Application to agreements etc relating to leases, mortgage arrangements or contracts of insurance
29 In this Part of this Schedule references to a lease, mortgage arrangement or contract of insurance, and references to the terms of a lease, mortgage arrangement or contract of insurance, include references to—
(a) the terms of any agreement relating to the lease, mortgage arrangement, or contract of insurance, and
(b) any document or communication from a party to the lease, mortgage arrangement, or contract of insurance, which gives or refuses consent for letting in relation to a category or description of tenancy.
Application to sub-letting
30 (1) In a case where the relevant pre-application instrument is a lease, a reference in this Part of this Schedule to a letting of the affected dwelling-house is a reference to a sub-letting of those premises under that lease or any inferior lease.
(2) In the case of any other relevant pre-application instrument, a reference in this Part of this Schedule to a letting of the affected dwelling-house includes a reference to a sub-letting of those premises under any lease or inferior lease of those premises.
Application in certain circumstances
31 (1) In a case where a relevant pre-application instrument—
(a) gave, or gives, a discretion whether to let an affected dwelling-house, but
(b) required, or requires, the affected dwelling-house to be let under a tenancy of a particular description if it is let,
the instrument is to be regarded as permitting (and not as requiring) the dwelling-house to be let under that description of tenancy (and this Part of this Schedule applies accordingly).
(2) The following provisions of this paragraph apply if there are two or more affected dwelling-houses in relation to the relevant pre-application instrument.
(3) This Part of this Schedule applies separately in relation to each of those dwelling-houses.
(4) But, if any term of the instrument is such that it gave, or gives, a discretion as to which particular dwelling-house or dwelling-houses the term applies to, this Schedule does not affect that discretion (but the term otherwise has effect subject to this Part of this Schedule).
Power to disapply or modify this Part
32 (1) The Secretary of State may by regulations disapply or modify the effect of this Part of this Schedule in relation to relevant pre-application instruments of a specified description.
(2) Where the Secretary of State makes regulations under this paragraph disapplying the effect of this Part, the fact that this Schedule has previously applied in relation to a relevant pre-application instrument does not prevent the exercise of the powers in section 148(7)(b) in relation to the relevant pre-application instrument.
Meaning of “permitting” letting
33 A relevant pre-application instrument permitted, or permits, the affected dwelling-house to be let under a tenancy of a particular description if letting the affected dwelling-house under a tenancy of that description would not have breached the terms of the relevant pre-application instrument.
Interpretation
34 In this Part of this Schedule—
“affected dwelling-house” has the meaning given in paragraph 19(6);
“assured shorthold tenancy” is to be read in accordance with Part 1 of the 1988 Act as it had effect immediately before the commencement date;
“assured tenancy”, in relation to a time before the commencement date, is to be read in accordance with Part 1 of the 1988 Act as it had effect at that time;
“the commencement date” has the meaning given by section 146(3);
“contract of insurance” has the meaning given by article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;
“dwelling-house” has the same meaning as in Part 1 of the 1988 Act — see section 45 of that Act);
“mortgage arrangement which relates to residential premises” or “mortgage arrangement” means an arrangement under which—
credit is or continues to be provided to a person, and
the obligation of the person to repay is secured by a legal or equitable mortgage or other charge on the residential premises;
“pre-application section 106 obligation” means a section 106 obligation that was entered into before the commencement date;
“relevant assured tenancy” has the meaning given in paragraph 19(7) and (8);
“relevant pre-application instrument” has the meaning given in paragraph 19(2) to (5);
“residential premises” has the meaning given in paragraph 19(1);
“section 106 obligation” means a planning obligation under section 106 of the Town and Country Planning Act 1990;
“superseded tenancy” means—
an assured shorthold tenancy, and
an assured tenancy (other than an assured shorthold tenancy) that is not a relevant assured tenancy.