Change 1 Article Choose an article Title and introductory text A1 Introduction 1 The register of social landlords. 1A Welsh bodies 2 Eligibility for registration. 3 Registration. 4 Removal from the register. 5 Criteria for registration or removal from register. 6 Appeal against decision on removal. 6A Voluntary undertakings 7 Regulation of registered social landlords. 7A Meaning of key terms used in this Chapter 7B Limit on local authority appointments to board 7C Removal of local authority appointees to comply with 24 per cent limit 7D Procedure for selection by registered social landlord of local authority appointees for removal 7E Board quorum: no requirement for local authority appointee 7F Board resolutions: 75 per cent threshold 7G Constitutional changes: no requirement for local authority consent and no power of veto 7H Voting rights of local authorities 7I Provision in agreements that is to be treated as having no effect 7J Power to disapply provisions of this Chapter 8 Power of registered social landlord to dispose of land. 9 Notification to Welsh Ministers of disposal of land 10 Lettings and other disposals not requiring consent of Relevant Authority. 11 Covenant for repayment of discount on disposal 11A Increase in value of house attributable to home improvements to be disregarded 12 Priority of charge for repayment of discount. 12A Right of first refusal for registered social landlord 12B Consideration payable for disposal under section 12A 13 Restriction on disposal of houses in National Parks, &c. 14 Treatment of options. 15 Relevant and exempted disposals. 15A Treatment of deferred resale agreements for purposes of section 11 16 Right of tenant to acquire dwelling. 16A Extension of section 16 to dwellings funded by grants under section 27A 16B Restriction on exercising the right to acquire 16C Exception to restriction on exercising the right to acquire 17 Right of tenant to acquire dwelling: supplementary provisions. 18 Social housing grants. 19 Land subject to housing management agreement. 20 Purchase grant where right to acquire exercised. 21 Purchase grant in respect of other disposals. 22 Assistance from local authorities. 23 Local loans made by the Treasury 24 The disposal proceeds fund. 25 Application or appropriation of disposal proceeds. 26 Disposal proceeds: power to require information. 27 Recovery, &c. of social housing grants. 27A Grants to bodies other than registered social landlords 27B Transfer of property funded by grants under section 27A 28 Grants under Part 2 of the Housing Act 1988. 29 Commutation of payments of special residual subsidy. 30 General power to obtain information. 31 Enforcement of notice to provide information, &c. 32 Disclosure of information to the Welsh Ministers. 33 Disclosure of information by the Welsh Ministers. 33A Standards of performance 33B Guidance on standards of performance 33C Consultation 34 Standards of performance – housing in England . 35 Information as to levels of performance. 35A Guidance about complaints about performance 35B Consultation 36 Issue of guidance by the Welsh Ministers – housing in England . 37 Powers of entry. 38 Penalty for obstruction of person exercising power of entry. 39 Insolvency, &c. of registered social landlord: scheme of provisions. 40 Initial notice to be given to the Welsh Ministers. 41 Further notice to be given to the Welsh Ministers. 42 Moratorium on disposal of land, &c. 43 Period of moratorium. 43A Appointment of interim manager 44 Proposals as to ownership and management of landlord’s land. 45 Effect of agreed proposals. 46 Appointment of manager to implement agreed proposals. 47 Powers of the manager. 48 Powers of the manager: transfer of engagements. 49 Assistance by the Welsh Ministers. 50 Application to court to secure compliance with agreed proposals. 50A Application of Chapter 4A 50B Exercise of enforcement powers 50C Grounds for giving notice 50D Content 50E Appeal 50F Withdrawal 50G Sanction 50H Grounds for imposition 50I Imposition 50J Amount 50K Warning 50L Representations 50M Enforcement 50N Appeal 50O Grounds for award 50P Persons to whom compensation may be awarded 50Q Award 50R Impact 50S Warning 50T Representations 50U Enforcement 50V Appeal 51 Schemes for investigation of complaints. 51ZA Power of housing ombudsman to issue guidance to scheme members 51A Social Housing Ombudsman for Wales 51B Investigation of complaints 51C Meaning of “social landlord in Wales” 52 General provisions as to orders. 53 General provisions as to determinations. 54 Determinations of the Housing Corporation requiring approval. 55 Minor and consequential amendments: Part I. 56 Meaning of “the Welsh Ministers”. 57 Definitions relating to registered societies. 58 Definitions relating to charities. 59 Meaning of “officer” of registered social landlord. 60 Meaning of “subsidiary”. 61 Meaning of “associate”. 62 Members of a person’s family: Part I. 63 Minor definitions: Part I. 64 Index of defined expressions: Part I. 65 Making and approval of registration schemes. 66 Registration schemes: control provisions. 67 Registration schemes: special control provisions. 68 Offences in connection with registration schemes. 69 Information requirements in connection with registration schemes. 70 Existing registration schemes. 71 Restriction on notices requiring execution of works. 72 Recovery of expenses of notice requiring execution of works. 74 Section 354 direction to be local land charge. 75 Means of escape from fire. 76 Works notices: improvement of enforcement procedures. 77 Codes of practice. 78 Increase of fines, &c. 79 Minor amendments. 80 Repeal of Part XII of the Housing Act 1985. 81 Restriction on termination of tenancy for failure to pay service charge. 82 Notice under s.146 of the Law of Property Act 1925. 83 Determination of reasonableness of service charges. 84 Right to appoint surveyor to advise on matters relating to service charges. 85 Appointment of manager by the court. 86 Appointment of manager: transfer of jurisdiction to leasehold valuation tribunal. 88 Period after which acquisition order may be made. 89 Application of right of first refusal in relation to contracts. 90 Notice required to be given by landlord making disposal. 91 Offence of failure to comply with requirements of Part I. 92 Procedure for exercise of rights of first refusal. 93 Duty of new landlord to inform tenant of rights. 94 Provision of general advice etc. about residential tenancies. 95 Jurisdiction of county courts. 96 Tenancies which are assured shorthold tenancies. 97 Duty of landlord to provide statement of terms of assured shorthold tenancy. 98 Form of notices under s. 21 of the Housing Act 1988. 99 Restriction on recovery of possession on expiry or termination. 100 Applications for determination of rent: time limit. 101 Mandatory possession for non-payment of rent: reduction in arrears required. 102 Recovery of possession where grant induced by false statement. 103 Assured agricultural occupancies: exclusion of tenancies of agricultural holdings and farm business tenancies. 104 Consequential amendments: assured tenancies. 105 Low rent test: nil rateable values. 106 Low rent test: extension of rights. 107 Collective enfranchisement: multiple freeholders. 108 Collective enfranchisement: removal of need for professional valuation of interests to be acquired. 109 Collective enfranchisement: valuation principles. 110 New leases: valuation principles. 111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Powers of trustees. 114 Minor amendment of section 1(1)(a) of Leasehold Reform Act 1967. 115 Power for leasehold valuation tribunal to determine amount of costs payable under Leasehold Reform Act 1967. 116 Compensation for postponement of termination in connection with ineffective claims. 117 Priority of interests on grant of new lease. 118 Estate management schemes in connection with enfranchisement by virtue of s. 106. 119 Leasehold valuation tribunals: pre-trial review. 120 Payment of housing benefit to third parties. 121 Administration of housing benefit, &c. 122 Functions of rent officers in connection with universal credit, housing benefit and rent allowance subsidy. 123 Consequential amendments: Part IV. 124 Introductory tenancies. 125 Duration of introductory tenancy. 125A Extension of trial period by 6 months 125B Review of decision to extend trial period 126 Licences. 127 Proceedings for possession. 128 Notice of proceedings for possession. 129 Review of decision to seek possession. 130 Effect of beginning proceedings for possession. 131 Persons qualified to succeed tenant. 132 Cases where the tenant is a successor. 133 Succession to introductory tenancy. 134 Assignment in general prohibited. 135 Right to carry out repairs. 136 Provision of information about tenancies. 137 Consultation on matters of housing management. 137A Introductory tenancies that are to become flexible tenancies 138 Jurisdiction of county court. 139 Meaning of “dwelling-house”. 140 Members of a person’s family: Chapter I. 141 Consequential amendments: introductory tenancies. 142 Regulations and orders. 143 Index of defined expressions: introductory tenancies. 143A Demoted tenancies 143B Duration of demoted tenancy 143C Change of landlord 143D Proceedings for possession 143E Notice of proceedings for possession 143F Review of decision to seek possession 143G Effect of proceedings for possession 143H Succession to demoted tenancy 143I No successor tenant: termination 143J Successor tenants 143K Restriction on assignment 143L Right to carry out repairs 143M Provision of information 143MA Demoted tenancies that are to become flexible tenancies 143N Jurisdiction of county court 143O Meaning of dwelling house 143P Members of a person’s family 144 Extension of ground of nuisance or annoyance to neighbours, &c. 145 New ground of domestic violence: secure tenancies. 146 Extension of ground that grant of tenancy induced by false statement. 147 Proceedings for possession or termination. 148 Extension of ground of nuisance or annoyance to adjoining occupiers &c. 149 New ground of domestic violence: assured tenancies. 150 Additional notice requirements: domestic violence. 151 Early commencement of certain proceedings for possession. 152 Power to grant injunctions against anti-social behaviour. 153 Power of arrest for breach of other injunctions against anti-social behaviour. 153A Anti-social behaviour injunction 153B Injunction against unlawful use of premises 153C Injunctions: exclusion order and power of arrest 153D Injunction against breach of tenancy agreement 153E Injunctions: supplementary 154 Powers of arrest: ex-parte applications for injunctions. 155 Arrest and remand. 156 Remand for medical examination and report. 157 Powers of arrest: supplementary provisions. 158 Interpretation: Chapter III. 159 Allocation of housing accommodation. 160 Cases where provisions about allocation do not apply. 160ZA Allocation only to eligible and qualifying persons: England 160A Allocation only to eligible persons: Wales 161 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 Applications for housing accommodation 166A Allocation in accordance with allocation scheme: England 167 Allocation in accordance with allocation scheme : Wales 168 Information about allocation scheme. 169 Guidance to authorities by the Secretary of State. 170 Co-operation between certain social landlords and local housing authorities. 171 False statements and withholding information. 172 Regulations. 173 Consequential amendments: Part VI. 174 Index of defined expressions: Part VI. 175 Homelessness and threatened homelessness. 176 Meaning of accommodation available for occupation. 177 Whether it is reasonable to continue to occupy accommodation. 178 Meaning of associated person. 179 Duty of local housing authority in England to provide advisory services 180 Assistance for voluntary organisations. 181 Terms and conditions of assistance. 182 Guidance by the Secretary of State. 183 Application for assistance. 184 Inquiry into cases of homelessness or threatened homelessness. 185 Persons from abroad not eligible for housing assistance. 186 Asylum-seekers and their dependants. 187 Provision of information by Secretary of State. 188 Interim duty to accommodate in case of apparent priority need. 189 Priority need for accommodation. 189A Assessments and personalised plan 189B Initial duty owed to all eligible persons who are homeless 190 Duties to persons becoming homeless intentionally. 191 Becoming homeless intentionally. 192 Duty to persons not in priority need who are not homeless intentionally. 193 Duty to persons with priority need who are not homeless intentionally. 193A Consequences of refusal of final accommodation offer or final Part 6 offer at the initial relief stage 193B Notices in cases of an applicant's deliberate and unreasonable refusal to co-operate 193C Notice under section 193B: consequences 194 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 Duties in cases of threatened homelessness 195A Re-application after private rented sector offer 196 Becoming threatened with homelessness intentionally. 197 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198 Referral of case to another local housing authority. 199 Local connection. 199A Duties to the applicant whose case is considered for referral or referred under section 198(A1) 200 Duties to applicant whose case is considered for referral or referred under section 198(1). 201 Application of referral provisions to cases arising in Scotland. 201A Cases referred from a local housing authority in Wales 202 Right to request review of decision. 203 Procedure on a review. 204 Right of appeal to county court on point of law. 204A Section 204(4): appeals 205 Discharge of functions: introductory. 206 Discharge of functions by local housing authorities. 207 Discharge of functions: provision of accommodation by the authority. 208 Discharge of functions: out-of-area placements. 209 Discharge of interim duties: arrangements with private landlord 210 Suitability of accommodation. 211 Protection of property of homeless persons and persons threatened with homelessness. 212 Protection of property: supplementary provisions. 213 Co-operation between relevant housing authorities and bodies. 213A Co-operation in certain cases involving children 213AA Duty of local housing authority in England to notify in certain cases involving children 213B Duty of public authority to refer cases in England to local housing authority 214 False statements, withholding information and failure to disclose change of circumstances. 214A Codes of practice 215 Regulations and orders. 216 Transitional and consequential matters. 217 Minor definitions: Part VII. 218 Index of defined expressions: Part VII. 218A Anti-social behaviour: landlords' policies and procedures 219 Directions as to certain charges by social landlords. 220 Directions as to certain charges: supplementary provisions. 220A Provision of general advice etc about residential licences: England 221 Exercise of compulsory purchase powers in relation to Crown land. 222 Miscellaneous minor amendments. 223 Offences by body corporate. 224 The Common Council of the City of London. 225 The Isles of Scilly. 226 Corresponding provision for Northern Ireland. 227 Repeals. 228 Financial provisions. 229 Meaning of “lease” and “tenancy” and related expressions. 230 Minor definitions: general. 231 Extent. 232 Commencement. 233 Short title. SCHEDULE 1 Registered social landlords: regulation SCHEDULE 2 Social rented sector: housing complaints SCHEDULE 3 Social rented sector: minor amendments SCHEDULE 4 Rights exercisable by surveyor appointed by tenants’ association SCHEDULE 6 Amendments of Part I of the Landlord and Tenant Act 1987 SCHEDULE 7 Assured tenancies: schedule inserted after Schedule 2 to the Housing Act 1988 SCHEDULE 8 Assured tenancies: consequential amendments SCHEDULE 9 Low rent test: extension of rights SCHEDULE 10 Section 107: consequential amendments SCHEDULE 11 Compensation for postponement of termination in connection with ineffective claims SCHEDULE 12 Administration of housing benefit, &c SCHEDULE 13 Housing benefit and related matters: consequential amendments SCHEDULE 14 Introductory tenancies: consequential amendments SCHEDULE 16 Allocation of housing accommodation: consequential amendments SCHEDULE 17 Homelessness: consequential amendments SCHEDULE 18 Miscellaneous provisions SCHEDULE 19 Repeals
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As published
99 Restriction on recovery of possession on expiry or termination.
In section 21 of the Housing Act 1988 there shall be inserted at the end—
(5) Where an order for possession under subsection (1) or (4) above is made in relation to a dwelling-house let on a tenancy to which section 19A above applies, the order may not be made so as to take effect earlier than—
(a) in the case of a tenancy which is not a replacement tenancy, six months after the beginning of the tenancy, and
(b) in the case of a replacement tenancy, six months after the beginning of the original tenancy.
(6) In subsection (5)(b) above, the reference to the original tenancy is—
(a) where the replacement tenancy came into being on the coming to an end of a tenancy which was not a replacement tenancy, to the immediately preceding tenancy, and
(b) where there have been successive replacement tenancies, to the tenancy immediately preceding the first in the succession of replacement tenancies.
(7) For the purposes of this section, a replacement tenancy is a tenancy—
(a) which comes into being on the coming to an end of an assured shorthold tenancy, and
(b) under which, on its coming into being—
(i) the landlord and tenant are the same as under the earlier tenancy as at its coming to an end, and
(ii) the premises let are the same or substantially the same as those let under the earlier tenancy as at that time.
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Your change, as a redline
99 Restriction on recovery of possession on expiry or termination.
In section 21 of the Housing Act 1988 there shall be inserted at the end—
(5) Where an order for possession under subsection (1) or (4) above is made in relation to a dwelling-house let on a tenancy to which section 19A above applies, the order may not be made so as to take effect earlier than—
(a) in the case of a tenancy which is not a replacement tenancy, six months after the beginning of the tenancy, and
(b) in the case of a replacement tenancy, six months after the beginning of the original tenancy.
(6) In subsection (5)(b) above, the reference to the original tenancy is—
(a) where the replacement tenancy came into being on the coming to an end of a tenancy which was not a replacement tenancy, to the immediately preceding tenancy, and
(b) where there have been successive replacement tenancies, to the tenancy immediately preceding the first in the succession of replacement tenancies.
(7) For the purposes of this section, a replacement tenancy is a tenancy—
(a) which comes into being on the coming to an end of an assured shorthold tenancy, and
(b) under which, on its coming into being—
(i) the landlord and tenant are the same as under the earlier tenancy as at its coming to an end, and
(ii) the premises let are the same or substantially the same as those let under the earlier tenancy as at that time.
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A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.