Housing Act 1988

and, so far as it relates to disposals by way of tenancy or licence, such a covenant may be enforced by the landlord as if— (a) the landlord were possessed of land adjacent to the house concerned; and (b) the covenant were expressed to be made for the benefit of such adjacent land

.

• (5) After subsection (6) there shall be inserted the following subsection—

(6A) Any reference in the preceding provisions of this section to a disposal by way of tenancy or licence does not include a reference to a relevant disposal or an exempted disposal.

• (6) This section has effect where the conveyance or grant referred to in subsection (1) of section 157 is executed on or after the commencement of this Act.

Preserved right to buy

127

• (1) In subsection (4) of section 171B of the Housing Act 1985 for paragraph (a) there shall be substituted the following paragraphs—

(a) where the former secure tenancy was not a joint tenancy and, immediately before his death, the former secure tenant was tenant under an assured tenancy of a dwelling-house in relation to which he had the preserved right to buy, a member of the former secure tenant’s family who acquired that assured tenancy under the will or intestacy of the former secure tenant; (aa) where the former secure tenancy was not a joint tenancy, a member of the former secure tenant’s family to whom the former secure tenant assigned his assured tenancy of a dwelling-house in relation to which, immediately before the assignment, he had the preserved right to buy

.

• (2) In subsection (2)(a) of section 171C of that Act after the word “paragraphs” there shall be inserted “ “1, 3 and ”.

• (3) After subsection (4) of that section there shall be added the following subsection—

(5) The disapplication by the regulations of paragraph I of Schedule 5 shall not be taken to authorise any action on the part of a charity which would conflict with the trusts of the charity.

Preservation of right to buy on disposal to private sector landlord: Scotland

128

After section 81 of the Housing (Scotland) Act 1987 there shall be inserted the following section—

(81A) (1) The right to buy provisions shall continue to right to buy on apply where a person ceases to be a secure tenant of a disposal to house by reason of the disposal by the landlord of an private sector interest in the house to a private sector landlord. (2) The right to buy provisions shall not, however, continue to apply under subsection (1) in such circumstances as may be prescribed. (3) The continued application under subsection (1) of the right to buy provisions shall be in accordance with and subject to such provision as is prescribed which may— (a) include— (i) such additions and exceptions to, and adaptations and modifications of, the right to buy provisions in their continued application by virtue of this section; and (ii) such incidental, supplementary and transitional provisions; as the Secretary of State considers appropriate; (b) differ as between different cases or descriptions of case and as between different areas; (c) relate to a particular disposal. (4) Without prejudice to the generality of subsection (3), provision may be made by virtue of it— (a) specifying the persons entitled to the benefit of the right to buy provisions in their continued application by virtue of this section; (b) preventing, except with the consent of the Secretary of State, the disposal by the private sector landlord of less than his whole interest in a house in relation to which the right to buy provisions continue to apply by virtue of this section; (c) ensuring that where, under Ground 9 of Schedule 5 to the Housing (Scotland) Act 1988 (availability of suitable alternative accommodation), the sheriff makes an order for possession of a house in relation to which the right to buy provisions continue to apply by virtue of this section and the tenant would not have the right under this Part (other than this section) to buy the house which is or will be available by way of alternative accommodation, these provisions as so continued will apply in relation to the house which is or will be so available. (5) In this section— (a) “secure tenant” means a tenant under a secure tenancy; (b) “private sector landlord” means a landlord other than one of those set out in sub-paragraphs (i) to (iv) and (viii) and (ix) of paragraph (a) of subsection (2) of section 61; (c) the “right to buy provisions” means the provisions of this Act relating to the right of a tenant of a house to purchase it under this Part and to his rights in respect of a loan.

Schemes for payments to assist local housing authority tenants to obtain other accommodation

129

• (1) In accordance with a scheme made by a local housing authority and , where the authority is in Wales, approved by the Secretary of State under this section, the authority may make grants to or for the benefit of qualifying tenants or licensees of the authority with a view to assisting each person to whom or for whose benefit a grant is made to obtain accommodation otherwise than as a tenant or licensee of the authority either—

• (a) by acquiring an interest in a dwelling-house; or

• (b) by carrying out works to a dwelling-house to provide additional accommodation; or

• (c) by both of those means.

• (2) A scheme under this section shall contain such provisions as the local housing authority considers appropriate together with , where the authority is in Wales, any which the Secretary of State may require as a condition of his approval and, without prejudice to the generality, a scheme may include provisions specifying, or providing for the determination of—

• (a) the persons who are qualifying tenants or licensees for the purposes of the scheme;

• (b) the interests which qualifying tenants or licensees may be assisted to acquire;

• (c) the works for the carrying out of which grants may be made;

• (d) the circumstances in which a grant may be made for the benefit of a qualifying tenant or licensee;

• (e) the amount of the grant which may be made in any particular case and the terms on which it may be made;

• (f) the limits on the total number and amount of grants which may be made; and

• (g) the period within which the scheme is to apply.

• (3) The Secretary of State may approve a scheme made by a local housing authority in Wales under this section with or without conditions and, where a scheme has been made and, where the authority is in Wales, approved, a local housing authority shall take such steps as it considers appropriate to bring the scheme to the attention of persons likely to be able to benefit from it and shall take such other steps (if any) as the Secretary of State may direct in any particular case to secure publicity for the scheme.

• (4) The Secretary of State may revoke an approval of a scheme under this section by a notice given to the local housing authority concerned; and, where such a notice is given, the revocation shall not affect the operation of the scheme in relation to any grants made or agreed before the date of the notice.

• (5) Any grant made pursuant to a scheme under this section—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Where a scheme has been made by a local housing authority under this section and, where the authority is in Wales, has been approved, a person dealing with the authority shall not be concerned to see or enquire whether the terms of the scheme have been or are being complied with; and any failure to comply with the terms of a scheme shall not invalidate any grant purporting to be made in accordance with the scheme unless the person to whom the grant is made has actual notice of the failure.

• (7) In this section—

• (a) “local housing authority” has the meaning assigned by section 1 of the Housing Act 1985; of the Housing Act 1985;

• (b) “dwelling-house” has the meaning assigned by section 112 of that Act; and

• (c) “tenant” does not include a tenant under a long tenancy, as defined in section 115 of that Act.

Repair notices and improvement grants

Repair notices

130

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Letting conditions applicable to improvement grants etc

131

• (1) With respect to applications for grants approved after the commencement of this Act, Part XV of the Housing Act 1985 (grants for works of improvement, repair and conversion) shall have effect subject to the following provisions of this section.

• (2) In each of the following provisions—

• (a) section 464 (preliminary condition: certificates as to future occupation), in subsection (5) (certificate of availability for letting), and

• (b) section 501 (condition as to availability for letting), in subsection (2) (the terms of the condition),

in paragraph (a) after the word “holiday” there shall be inserted “on a tenancy which is not a long tenancy and”.

• (3) After the words “Rent (Agriculture) Act 1976”, in each place where they occur in—

• (a) section 464(5),

• (b) section 501(2), and

• (c) subsection (2)(d) of section 503 (restriction on imposition of further conditions in relation to certain grants),

there shall be inserted “or is occupied under an assured agricultural occupancy, within the meaning of Part I of the Housing Act 1988”.

• (4) In section 504 (further conditions as to letting of dwelling), at the beginning of subsection (1) there shall be inserted the words “Subject to subsection (1A)”; in paragraph (a) of that subsection after the word “letting” there shall be inserted “on an assured tenancy which is not a long tenancy or”; and at the end of that subsection there shall be inserted the following subsection—

(1A) Paragraphs (d) to (f) of subsection (1) do not apply in the case of a dwelling which is or is to be let or available for letting on an assured tenancy.

• (5) In subsection (2) of section 504 (definitions) after the words “subsection (1)” there shall be inserted “and subsection (1A)” and before paragraph (a) there shall be inserted the following paragraph—

(aa) “assured tenancy” means a tenancy which is an assured tenancy within the meaning of Part I of the Housing Act 1988 or would be such a tenancy if paragraphs 3, 6, 7 and 10 of Schedule 1 to that Act were omitted

.

• (6) In section 526 (index of defined expressions in Part XV), after the entry relating to “local housing authority” there shall be inserted—

long tenancy section 115

.

• (7) Without prejudice to subsection (1) above, where an application for a grant—

• (a) was made but not approved before the commencement of this Act, and

• (b) was accompanied by a certificate of availability for letting in a form which does not take account of the amendments of section 464(5) by subsections (2) and (3) above,

the certificate shall be treated as if it were in a form which takes account of the amendments made by those subsections.

• (8) Without prejudice to subsection (1) above, where a grant has been approved before the commencement of this Act and—

• (a) section 501(2) applies to impose a condition of the grant, or

• (b) conditions have been imposed in terms of section 504(1),

the condition or conditions shall have effect as if it or they were in a form which takes account of the amendments made by subsection (3) or, as the case may be, subsections (4) and (5) above.

Disposals of housing stock

Consents to disposals of housing stock and application of receipts

132

• (1) At the end of subsection (4) of section 34 of the Housing Act 1985 (consent to disposals of land held for the purposes of Part II—provision of housing accommodation) and at the end of subsection (4) of section 43 of that Act (consent for certain disposals of other houses) there shall be inserted the subsections set out in subsection (2) below.

• (2) The subsections referred to in subsection (1) above and subsection (3) below are as follows—

(4A) The matters to which the Secretary of State may have regard in determining whether to give consent and, if so, to what conditions consent should be subject shall include— (a) the extent (if any) to which the person to whom the proposed disposal is to be made (in this subsection referred to as “the intending purchaser”) is, or is likely to be, dependent upon, controlled by or subject to influence from the local authority making the disposal or any members or officers of that authority; (b) the extent (if any) to which the proposed disposal would result in the intending purchaser becoming the predominant or a substantial owner in any area of housing accommodation let on tenancies or subject to licences; (c) the terms of the proposed disposal; and (d) any other matters whatsoever which he considers relevant. (4B) Where the Secretary of State gives consent to a disposal by a local authority, he may give directions as to the purpose for which any capital money received by the authority in respect of the disposal is to be applied and, where any such directions are given, nothing in any enactment shall require his consent to be given for the application of the capital money concerned in accordance with the directions.

• (3) Section 13 of the Housing (Scotland) Act 1987 (power of Secretary of State to impose conditions in sale of local authority houses) shall be renumbered as subsection (1) of that section and after that subsection there shall be inserted as subsections (2) and (3) the subsections which are set out in subsection (2) above and there numbered (4A) and (4B).

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In section 208 of the Housing (Scotland) Act 1987 (application of receipts from disposal of certain land), in subsection (2) there shall be inserted at the end the words “or has made directions under section 13(3)”.

• (7) In section 26 of the Local Government Act 1988 (provisions as to consents under section 25 for provision of financial assistance etc.), in subsection (5) (which excludes consent under various enactments where consent is given to a disposal of land under section 25) after the words “such a consent” there shall be inserted “then, if the consent given for the purposes of section 25 above so provides”.

• (8) This section shall be deemed to have come into force on 9th June 1988.

Consent required for certain subsequent disposals

133

• (1) Where consent is required for a disposal (in this section referred to as “the original disposal”) by virtue of section 32 or section 43 of the Housing Act 1985 and that consent does not provide otherwise, the person who acquires the land or house on the disposal shall not dispose of it except with the consent of the appropriate authority; but nothing in this section shall apply in relation to an exempt disposal ....

• (1ZA) In this section “the appropriate authority” means—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in relation to a disposal of land in England, the Secretary of State, and

• (c) in relation to a disposal of land in Wales, the Welsh Ministers.

• (1A) This section does not apply if the original disposal was made before the date on which this section comes into force.

• (1B) This section does not apply if the original disposal was made to a private registered provider of social housing or to a body registered as a registered social landlord under Chapter 1 of Part 1 of the Housing Act 1996.

• (2) Where an estate or interest of the person who acquired the land or house on the original disposal has been mortgaged or charged, the prohibition in subsection (1) above applies also to a disposal by the mortgagee or chargee in exercise of a power of sale or leasing, whether or not the disposal is in the name of the person who so acquired the land or house; and in any case where—

• (a) by operation of law or by virtue of an order of a court, the land or house which has been acquired passes or is transferred from the person who so acquired it to another person, and

• (b) that passing or transfer does not constitute a disposal for which consent is required under this section,

this section (including, where there is more than one such passing or transfer, this subsection) shall apply as if the other person to whom the land or house passes or is transferred were the person who acquired it on the original disposal.

• (2A) Consent required for the purposes of this section may be given either generally to all persons who may require such consent or to any particular person or description of person who may require such consent.

• (3) Where subsection (1) above applies—

• (a) if section 34 of the Housing Act 1985 applies to the consent given to the original disposal, subsections (2)(b) , (3), (4) and (4A)(a) to (c) and (d) of that section shall also apply to any consent required by virtue of this section;

• (b) if the consent to the original disposal was given under section 43 of that Act, subsections (2)(b) and , (3), (4) and (4A)(a) to (c) and (d) of that section shall also apply to any consent required by virtue of this section;

• (c) in the application of subsection (4A)(a) to (c) and (d) of section 34 or section 43 to any consent required by virtue of this section, any reference to the appropriate national body shall be construed as a reference to the appropriate authority andany reference to the local authority making the disposal shall be construed as a reference to the local authority making the original disposal; and

• (d) the instrument by which the original disposal is effected shall contain a statement in a form approved by the Chief Land Registrar that the requirement of this section as to consent applies to a subsequent disposal of the land or house by the person to whom the original disposal was made.

• (4) Subsection (4) of section 32 of the Housing Act 1985 or, as the case may be, subsection (5) of section 43 of that Act (options to purchase as disposals) applies for the purposes of this section.

• (5) Before giving any consent required by virtue of this section, the appropriate authority—

• (a) shall satisfy itself that the person who is seeking the consent has taken appropriate steps to consult every tenant of any land or house proposed to be disposed of; and

• (b) shall have regard to the responses of any such tenants to that consultation.

• (5A) A person seeking any consent required by virtue of this section is not required to consult a tenant of the land or house proposed to be disposed of if—

• (a) consent is sought for the disposal of the land or house to that tenant or to persons including that tenant; or

• (b) consent is sought subject to the condition that the land or house is vacant at the time of the disposal;

and, accordingly, subsection (5) does not apply in either case.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) No consent shall be required under ... section ...42 of the Housing Act 1996 or section 9 of the Housing Associations Act 1985 for any disposal in respect of which consent is given under this section.

• (8) Where the title of the authority to the land or house which is disposed of by the original disposal is not registered, and the original disposal is a transfer or grant of a description mentioned in section 4 of the Land Registration Act 2002 (compulsory registration of title)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the authority shall give to the person to whom the original disposal is made a certificate in a form approved by the Chief Land Registrar stating that the authority is entitled to make the disposal subject only to such encumbrances, rights and interests as are stated in the instrument by which the original disposal is effected or summarised in the certificate; and

• (c) for the purpose of registration of title, the Chief Land Registrar shall accept such a certificate as evidence of the facts stated in it, but if as a result he has to meet a claim against him under the Land Registration Act 2002 the authority by whom the original disposal was made is liable to indemnify him.

• (9) Where the Chief Land Registrar approves an application for registration of—

• (a) a disposition of registered land, or

• (b) a person’s title under a disposition of unregistered land,

and the instrument effecting the original disposal contains the statement required by subsection (3)(d) above, he shall enter in the register a restriction reflecting the limitation under this section on subsequent disposal.

• (10) In every case where the consent of the Secretary of State is required for the original disposal by virtue of section 32 or section 43 of the Housing Act 1985 (whether or not consent is required under this section to a subsequent disposal), the authority by which the original disposal is made shall furnish to the person to whom it is made a copy of that consent.

• (11) In this section “exempt disposal” means—

• (a) the disposal of a dwelling-house to a person having the right to buy it under Part 5 of the Housing Act 1985 (whether the disposal is in fact made under that Part or otherwise);

• (b) a compulsory disposal, within the meaning of Part 5 of the Housing Act 1985;

• (c) the disposal of an easement or rentcharge;

• (d) the disposal of an interest by way of security for a loan;

• (e) the grant of a secure tenancy or what would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule 1 to the Housing Act 1985;

• (f) the grant of an assured tenancy or an assured agricultural occupancy, within the meaning of Part 1 of this Act, or what would be such a tenancy or occupancy but for any of paragraphs 3D to 8 of Schedule 1 to this Act;

• (fa) the grant of an occupation contract within the meaning of the Renting Homes (Wales) Act 2016 (anaw 1) (see section 8 of that Act);

• (g) the transfer of an interest held on trust for any person where the disposal is made in connection with the appointment of a new trustee or in connection with the discharge of any trustee.

Consent required for certain subsequent disposals: Scotland

134

In Part I of the Housing (Scotland) Act 1987 (provision of housing) after section 12 there shall be inserted the following section—

(12A) (1) Where a person acquires any land or house from a local authority under section 12(1)(c) or (d) above and the consent of the Secretary of State is required under section 12(7) above to the local authority’s disposal of the land or house to that person, that person shall not dispose of the land or house without the consent in writing of the Secretary of State. (2) Any consent for the purposes of subsection (1) above may be given either in respect of a particular disposal or in respect of disposals of any class or description (including disposals in particular areas) and either unconditionally or subject to conditions. (3) Before giving any consent for the purposes of subsection (1) above, the Secretary of State— (a) shall satisfy himself that the person who is seeking the consent has taken appropriate steps to consult every tenant of any land or house proposed to be disposed of; and (b) shall have regard to the responses of any such tenants to that consultation. (4) The consent of Scottish Homes under section 9 of the Housing Associations Act 1985 (control of dispositions) is not required for any disposal, or disposals of any class or description, in respect of which consent is given under subsection (1) above. (5) In this section references to disposing of property include references to— (a) granting or disposing of any interest in property; (b) entering into a contract to dispose of property or to grant or dispose of any such interest; and (c) granting an option to acquire property or any such interest.

Consultation before disposal: Scotland

135

• (1) In Part III of the Housing (Scotland) Act 1987 (rights of public sector tenants) after section 81 there shall be inserted the following section—

(81B) The provisions of Schedule 6A have effect with respect to the duties of— (a) a local authority proposing to dispose of houses let on secure tenancies; (b) the Secretary of State in considering whether to give his consent under section 12(7) to such a disposal, to have regard to the views of tenants liable as a result of the disposal to cease to be secure tenants (that is to say, tenants under secure tenancies).

• (2) After Schedule 6 to the Housing (Scotland) Act 1987 there shall be inserted, as Schedule 6A, the Schedule set out in Schedule 16 to this Act.

• (3) The amendments made by this section apply to disposals after the coming into force of this section.

Application of capital money to meet costs of disposals of land

136

Codes of practice

Codes of practice in field of rented housing

137

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

Financial provisions

138

• (1) There shall be paid out of money provided by Parliament—

• (a) any sums required for the payment by the Secretary of State of grants under this Act;

• (b) any sums required to enable the Secretary of State to make payments to housing action trusts established under Part III of this Act;

• (c) any other expenses of the Secretary of State under this Act; and

• (d) any increase attributable to this Act in the sums so payable under any other enactment.

• (2) Any sums received by the Secretary of State under this Act, other than those required to be paid into the National Loans Fund, shall be paid into the Consolidated Fund.

Application to Isles of Scilly

139

• (1) This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.

• (2) The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Amendments and repeals

140

• (1) Schedule 17 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act and the Housing (Scotland) Act 1988, shall have effect . . ..

• (2) The enactments specified in Schedule 18 to this Act, which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule, but subject to any provision at the end of that Schedule and to any saving in Chapter V of Part I of or Schedule 17 to this Act.

Short title, commencement and extent

141

• (1) This Act may be cited as the Housing Act 1988.

• (2) The provisions of Parts II and IV of this Act and sections 119, 122, 124, 128, 129, 135 and 140 above shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions or for different purposes.

• (3) Part I and this Part of this Act, other than sections 119, 122, 124, 128, 129, 132, 133, 134, 135 and 138 onwards, shall come into force at the expiry of the period of two months beginning on the day it is passed; and any reference in those provisions to the commencement of this Act shall be construed accordingly.

• (4) An order under subsection (2) above may make such transitional provisions as appear to the Secretary of State necessary or expedient in connection with the provisions brought into force by the order.

• (5) Parts I, III and IV of this Act and this Part, except sections 118, 128, 132, 134, 135 and 137 onwards, extend to England and Wales only.

• (6) This Act does not extend to Northern Ireland.

SCHEDULE 1

Part I — The Tenancies

Tenancies entered into before commencement

1

A tenancy which is entered into before, or pursuant to a contract made before, the commencement of this Act.

Tenancies of dwelling-houses with high rateable values

2

• (1) A tenancy—

• (a) which is entered into on or after 1st April 1990 (otherwise than, where the dwelling-house had a rateable value on 31st March 1990, in pursuance of a contract made before 1st April 1990), and

• (b) under which the rent payable for the time being is payable at a rate exceeding £100,000 a year.

• (2) In sub-paragraph (1) “rent” does not include any sum payable by the tenant as is expressed (in whatever terms) to be payable in respect of rates, council tax, services, management, repairs, maintenance or insurance, unless it could not have been regarded by the parties to the tenancy as a sum so payable.

• (2A) A tenancy—

• (a) which was entered into before the 1st April 1990, or on or after that date in pursuance of a contract made before that date, and

• (b) under which the dwelling-house had a rateable value on the 31st March 1990 which, if it is in Greater London, exceeded £1,500 and, if it is elsewhere, exceeded £750.

Tenancies at a low rent

3

A tenancy under which for the time being no rent is payable.

Business tenancies

4

A tenancy to which Part II of the Landlord and Tenant Act 1954 applies (business tenancies).

Licensed premises

5

A tenancy under which the dwelling-house consists of or comprises “premises which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act)” for consumption on the premises.

Tenancies of agricultural land

6

• (1) A tenancy under which agricultural land, exceeding two acres, is let together with the dwelling-house.

• (2) In this paragraph “agricultural land” has the meaning set out in section 26(3)(a) of the General Rate Act 1967 (exclusion of agricultural land and premises from liability for rating).

Tenancies of agricultural holdings etc.

7

• (1) A tenancy under which the dwelling-house—

• (a) is comprised in an agricultural holding, and

• (b) is occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the farming of the holding.

• (2) A tenancy under which the dwelling-house—

• (a) is comprised in the holding held under a farm business tenancy, and

• (b) is occupied by the person responsible for the control (whether as tenant or as servant or agent of the tenant) of the management of the holding.

• (3) In this paragraph—

• “agricultural holding” means any agricultural holding within the meaning of the Agricultural Holdings Act 1986 held under a tenancy in relation to which that Act applies, and

• “farm business tenancy” and “holding”, in relation to such a tenancy, have the same meaning as in the Agricultural Tenancies Act 1995.

Lettings to students

8

• (1) A tenancy which is granted to a person who is pursuing, or intends to pursue, a course of study provided by a specified educational institution if—

• (a) the tenancy is granted—

• (i) by that institution,

• (ii) by another specified educational institution, or

• (iii) by a specified body of persons, or

• (b) either of the following is a member of a specified housing management code of practice—

• (i) a person appointed to act on the landlord’s behalf in respect of the tenancy;

• (ii) 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.

• (1A) Subsection (1) is subject to sub-paragraphs (2B) to (2D) and (5) to (7).

• (2) In sub-paragraph (1) above “specified” means specified, or of a class specified, for the purposes of this paragraph by regulations made by the Secretary of State by statutory instrument.

• (2A) Regulations under sub-paragraph (2) may, in particular, specify as a body of persons—

• (a) the members, or

• (b) a class of the members,

from time to time of a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (2).

• (2B) The Secretary of State may by regulations made by statutory instrument—

• (a) specify a class of building, and

• (b) provide that a tenancy—

• (i) does not fall within this paragraph if the dwelling-house is in a building of the specified class, or

• (ii) falls within this paragraph only if the dwelling-house is in a building of the specified class.

• (2C) The Secretary of State may by regulations made by statutory instrument—

• (a) specify a student landlord or a class of student landlord,

• (b) specify a class of building in relation to the specified student landlord or specified class of student landlord, and

• (c) provide that, where the landlord is the specified student landlord, or a student landlord of the specified class, the tenancy—

• (i) does not fall within this paragraph if the dwelling-house is in the specified class of building, or

• (ii) falls within this paragraph only if the dwelling-house is in the specified class of building.

• (2D) The Secretary of State may by regulations made by statutory instrument—

• (a) specify a person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the building or a class of such persons,

• (b) specify a class of building in relation to the specified person or specified class of persons, and

• (c) provide that a tenancy—

• (i) does not fall within this paragraph if the dwelling-house is in the specified class of building and there is a person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the building who is specified or is in the specified class of such persons, or

• (ii) falls within this paragraph only if the dwelling-house is in the specified class of building and there is a person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the building who is specified or is in the specified class of such persons.

• (2E) Regulations under sub-paragraph (2B)(a) or (2C)(b) or (2D)(b) may, in particular, specify as a class of building—

• (a) the buildings, or

• (b) a class of the buildings,

from time to time subject to a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (1)(b), (2B)(a) or (2C)(b).

• (2F) Regulations under sub-paragraph (2C)(a) may, in particular, specify as a class of student landlord—

• (a) the members, or

• (b) a class of the members,

from time to time of a housing management code of practice which is specified for this purpose by regulations under sub-paragraph (2C)(a).

• (3) A statutory instrument made in the exercise of a power conferred by this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) Regulations under this paragraph—

• (a) may make different provision for different purposes;

• (b) may make supplemental, consequential, incidental, transitional, transitory or saving provision.

• (5) The question of whether or not a tenancy is within this paragraph is to be determined by reference to the circumstances at the time when the tenancy is granted.

• (6) A change in the circumstances after that time does not affect whether or not a tenancy is within this paragraph, except in a case where—

• (a) the tenant is entitled to possession of the dwelling-house at a time after the tenancy was granted, and

• (b) at the time when the tenant is entitled to possession—

• (i) condition A is met (see sub-paragraph (8)),

• (ii) condition B is met (see sub-paragraphs (9) and (10)), or

• (iii) both of those conditions are met.

• (7) In such a case, the tenancy ceases to fall within this paragraph (and accordingly this paragraph ceases to prevent the tenancy from being an assured tenancy) at the time when the tenant is entitled to possession.

• (8) Condition A is met if—

• (a) the tenancy was exempt solely by reference to a code of practice, but

• (b) at the time when the tenant is entitled to possession of the dwelling-house, the landlord’s interest under the lease does not attract the exemption under this paragraph.

• (9) Condition B is met if—

• (a) at the time when the tenancy was granted—

• (i) regulations under sub-paragraph (2B), (2C) or (2D) were in force, but

• (ii) those regulations did not prevent the tenancy from being within this paragraph, but

• (b) at the time when the tenant is entitled to possession of the dwelling-house—

• (i) regulations under sub-paragraph (2B), (2C) or (2D) are in force, and

• (ii) those regulations prevent the tenancy from being within this paragraph.

• (10) But condition B is not met in any circumstances that are specified, or are of a description specified, for this purpose by regulations made by the Secretary of State.

• (11) For the purposes of this paragraph—

• (a) “management functions” in respect of a building includes functions relating to—

• (i) the provision of services, or

• (ii) the repair, maintenance, improvement or insurance of the building;

• (b) “student landlord” means an institution or body of persons specified, or of a class specified, for the purposes of this paragraph (see sub-paragraph (2));

• (c) “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);

• (d) a building is “subject to” a housing management code of practice if it—

• (i) is a particular building subject to the code, or

• (ii) is of a class of buildings subject to the code;

• (e) a reference to—

• (i) a class of the buildings from time to time subject to a housing management code of practice, or

• (ii) a class of the members from time to time of a housing management code of practice,

includes the buildings or members that are from time to time in a class provided for in the code of practice;

• (f) a tenancy is “exempt solely by reference to a code of practice” if—

• (i) the tenancy was granted by a body of persons who were, at the time of the grant, a specified landlord solely by reference to a code of practice, or

• (ii) at the time of the grant, sub-paragraph (1)(b) applied to the tenancy but sub-paragraph (1)(a) did not apply to the tenancy;

• (g) a reference to the landlord’s interest under the lease not attracting the exemption under this paragraph is a reference to—

• (i) a case where the landlord is not a student landlord and there is no person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the relevant building; or

• (ii) a case where the landlord is not a student landlord and there is a person appointed to act on the landlord’s behalf in respect of the tenancy or to discharge management functions in respect of the relevant building, but that person is not a member of a specified housing management code of practice;

and for that purpose the “relevant building” is the building which the dwelling-house comprises or in which the dwelling-house is situated;

• (h) a body of persons are “a specified landlord solely by reference to a code of practice” if they—

• (i) are a member of a housing management code of practice that is specified by regulations under sub-paragraph (2A), and

• (ii) are not specified by regulations under sub-paragraph (2) as a body of persons otherwise than as a member of that code of practice.

Holiday lettings

9

A tenancy the purpose of which is to confer on the tenant the right to occupy the dwelling-house for a holiday.

Resident landlords

10

• (1) A tenancy in respect of which the following conditions are fulfilled—

• (a) that the dwelling-house forms part only of a building and, except in a case where the dwelling-house also forms part of a flat, the building is not a purpose-built block of flats; and

• (b) that, subject to Part III of this Schedule, the tenancy was granted by an individual who, at the time when the tenancy was granted, occupied as his only or principal home another dwelling-house which,—

• (i) in the case mentioned in paragraph (a) above, also forms part of the flat; or

• (ii) in any other case, also forms part of the building; and

• (c) that, subject to Part III of this Schedule, at all times since the tenancy was granted the interest of the landlord under the tenancy has belonged to an individual who, at the time he owned that interest, occupied as his only or principal home another dwelling-house which,—

• (i) in the case mentioned in paragraph (a) above, also formed part of the flat; or

• (ii) in any other case, also formed part of the building; and

• (d) that the tenancy is not one which is excluded from this sub-paragraph by sub-paragraph (3) below.

• (2) If a tenancy was granted by two or more persons jointly, the reference in sub-paragraph (1)(b) above to an individual is a reference to any one of those persons and if the interest of the landlord is for the time being held by two or more persons jointly, the reference in sub-paragraph (1)(c) above to an individual is a reference to any one of those persons.

• (3) A tenancy (in this sub-paragraph referred to as “the new tenancy”) is excluded from sub-paragraph (1) above if—

• (a) it is granted to a person (alone, or jointly with others) who, immediately before it was granted, was a tenant under an assured tenancy (in this sub-paragraph referred to as “the former tenancy”) of the same dwelling-house or of another dwelling-house which forms part of the building in question; and

• (b) the landlord under the new tenancy and under the former tenancy is the same person or, if either of those tenancies is or was granted by two or more persons jointly, the same person is the landlord or one of the landlords under each tenancy.

Crown tenancies

11

• (1) A tenancy under which the interest of the landlord belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department.

• (2) The reference in sub-paragraph (1) above to the case where the interest of the landlord belongs to Her Majesty in right of the Crown does not include the case where that interest is under the management of the Crown Estate Commissioners or it is held by the Secretary of State as the result of the exercise by him of functions under Part III of the Housing Associations Act 1985.

Local authority tenancies etc.

12

• (1) A tenancy under which the interest of the landlord belongs to—

• (a) a local authority, as defined in sub-paragraph (2) below;

• (b) the Homes and Communities Agency but only if the tenancy falls within subsections (2A) to (2E) of section 80 of the Housing Act 1985;

• (ba) the Welsh Ministers but only if the tenancy falls within subsections (2A) to (2E) of section 80 of the Housing Act 1985;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980;

• (da) a Mayoral development corporation;

• (da) a National Park authority;

• (e) a development corporation, within the meaning of the New Towns Act 1981;

• (f) an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities);

• (fa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) a residuary body, within the meaning of the Local Government Act 1985;

• (gg) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (h) a fully mutual housing association,...

• (i) a housing action trust established under Part III of this Act.

• (2) The following are local authorities for the purposes of sub-paragraph (1)(a) above—

• (a) the council of a county, county borough, district or London borough;

• (b) the Common Council of the City of London;

• (c) the Council of the Isles of Scilly;

• (d) the Broads Authority;

• (e) the Inner London Education Authority; and

• (ea) a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;

• (ee) the London Fire Commissioner;

• (f) a joint authority, within the meaning of the Local Government Act 1985;

• (fa) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

• (fb) a combined authority established under section 103 of that Act;

• (fc) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023; and

• (g) a police and crime commissioner.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional cases

13

• (1) A protected tenancy, within the meaning of the Rent Act 1977.

• (2) A housing association tenancy, within the meaning of Part VI of that Act.

• (3) A secure tenancy.

• (4) Where a person is a protected occupier of a dwelling-house, within the meaning of the Rent (Agriculture) Act 1976, the relevant tenancy, within the meaning of that Act, by virtue of which he occupies the dwelling-house.

Part II — Rateable Values

14

• (1) The rateable value of a dwelling-house at any time shall be ascertained for the purposes of Part I of this Schedule as follows—

• (a) if the dwelling-house is a hereditament for which a rateable value is then shown in the valuation list, it shall be that rateable value;

• (b) if the dwelling-house forms part only of such a hereditament or consists of or forms part of more than one such hereditament, its rateable value shall be taken to be such value as is found by a proper apportionment or aggregation of the rateable value or values so shown.

• (2) Any question arising under this Part of this Schedule as to the proper apportionment or aggregation of any value or values shall be determined by the county court and the decision of that court shall be final.

15

Where, after the time at which the rateable value of a dwelling-house is material for the purposes of any provision of Part I of this Schedule, the valuation list is altered so as to vary the rateable value of the hereditament of which the dwelling-house consists (in whole or in part) or forms part and the alteration has effect from that time or from an earlier time, the rateable value of the dwelling-house at the material time shall be ascertained as if the value shown in the valuation list at the material time had been the value shown in the list as altered.

16

Paragraphs 14 and 15 above apply in relation to any other land which, under section 2 of this Act, is treated as part of a dwelling-house as they apply in relation to the dwelling-house itself.

Part III — Provisions for Determining Application of Paragraph 10 (Resident Landlords)

17

• (1) In determining whether the condition in paragraph 10(1)(c) above is at any time fulfilled with respect to a tenancy, there shall be disregarded—

• (a) any period of not more than twenty-eight days, beginning with the date on which the interest of the landlord under the tenancy becomes vested at law and in equity in an individual who, during that period, does not occupy as his only or principal home another dwelling-house which forms part of the building or, as the case may be, flat concerned;

• (b) if, within a period falling within paragraph (a) above, the individual concerned notifies the tenant in writing of his intention to occupy as his only or principal home another dwelling-house in the building or, as the case may be, flat concerned, the period beginning with the date on which the interest of the landlord under the tenancy becomes vested in that individual as mentioned in that paragraph and ending—

• (i) at the expiry of the period of six months beginning on that date, or

• (ii) on the date on which that interest ceases to be so vested, or

• (iii) on the date on which that interest becomes again vested in such an individual as is mentioned in paragraph 10(1)(c) or the condition in that paragraph becomes deemed to be fulfilled by virtue of paragraph 18(1) or paragraph 20 below,

whichever is the earlier; and

• (c) any period of not more than two years beginning with the date on which the interest of the landlord under the tenancy becomes, and during which it remains, vested—

• (i) in trustees as such; or

• (ii) by virtue of section 9 of the Administration of Estates Act 1925, in the Probate Judge or the Public trustee.

• (2) Where the interest of the landlord under a tenancy becomes vested at law and in equity in two or more persons jointly, of whom at least one was an individual, sub-paragraph (1) above shall have effect subject to the following modifications—

• (a) in paragraph (a) for the words from “an individual” to “occupy” there shall be substituted “the joint landlords if, during that period none of them occupies”; and

• (b) in paragraph (b) for the words “the individual concerned” there shall be substituted “any of the joint landlords who is an individual” and for the words “that individual” there shall be substituted “the joint landlords”.

18

• (1) During any period when—

• (a) the interest of the landlord under the tenancy referred to in paragraph 10 above is vested in trustees as such, and

• (b) that interest is . . . held on trust for any person who or for two or more persons of whom at least one occupies as his only or principal home a dwelling-house which forms part of the building or, as the case may be, flat referred to in paragraph 10(1)(a),

the condition in paragraph 10(1)(c) shall be deemed to be fulfilled and accordingly, no part of that period shall be disregarded by virtue of paragraph 17 above.

• (2) If a period during which the condition in paragraph 10(1)(c) is deemed to be fulfilled by virtue of sub-paragraph (1) above comes to an end on the death of a person who was in occupation of a dwelling-house as mentioned in paragraph (b) of that sub-paragraph, then, in determining whether that condition is at any time thereafter fulfilled, there shall be disregarded any period—

• (a) which begins on the date of the death;

• (b) during which the interest of the landlord remains vested as mentioned in sub-paragraph (1)(a) above; and

• (c) which ends at the expiry of the period of two years beginning on the date of the death or on any earlier date on which the condition in paragraph 10(1)(c) becomes again deemed to be fulfilled by virtue of sub-paragraph (1) above.

19

In any case where—

• (a) immediately before a tenancy comes to an end the condition in paragraph 10(1)(c) is deemed to be fulfilled by virtue of paragraph 18(1) above, and

• (b) on the coming to an end of that tenancy the trustees in whom the interest of the landlord is vested grant a new tenancy of the same or substantially the same dwelling-house to a person (alone or jointly with others) who was the tenant or one of the tenants under the previous tenancy,

the condition in paragraph 10(1)(b) above shall be deemed to be fulfilled with respect to the new tenancy.

20

• (1) The tenancy referred to in paragraph 10 above falls within this paragraph if the interest of the landlord under the tenancy becomes vested in the personal representatives of a deceased person acting in that capacity.

• (2) If the tenancy falls within this paragraph, the condition in paragraph 10(1)(c) shall be deemed to be fulfilled for any period, beginning with the date on which the interest becomes vested in the personal representatives and not exceeding two years, during which the interest of the landlord remains so vested.

21

Throughout any period which, by virtue of paragraph 17 or paragraph 18(2) above, falls to be disregarded for the purpose of determining whether the condition in paragraph 10(1)(c) is fulfilled with respect to a tenancy, no order shall be made for possession of the dwelling-house subject to that tenancy, other than an order which might be made if that tenancy were or, as the case may be, had been an assured tenancy.

22

For the purposes of paragraph 10 above, a building is a purpose-built block of flats if as constructed it contained, and it contains, two or more flats; and for this purpose “flat” means a dwelling-house which—

• (a) forms part only of a building; and

• (b) is separated horizontally from another dwelling-house which forms part of the same building.

SCHEDULE 2

Part I — Grounds on which Court must order possession

Ground 1

Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground or the court is of the opinion that it is just and equitable to dispense with the requirement of notice and (in either case)—

Ground 2

The dwelling-house is subject to a mortgage granted before the beginning of the tenancy and—

and for the purposes of this ground “mortgage” includes a charge and “mortgagee” shall be construed accordingly.

Ground 3

The tenancy is a fixed term tenancy for a term not exceeding eight months and—

Ground 4

The tenancy is a fixed term tenancy for a term not exceeding twelve months and—

Ground 5

The dwelling-house is held for the purpose of being available for occupation by a minister of religion as a residence from which to perform the duties of his office and—

Ground 6

The landlord who is seeking possession or, if that landlord is a registered housing association or charitable housing trust, a superior landlord intends to demolish or reconstruct the whole or a substantial part of the dwelling-house or to carry out substantial works on the dwelling-house or any part thereof or any building of which it forms part and the following conditions are fulfilled—

For the purposes of this ground, if, immediately before the grant of the tenancy, the tenant to whom it was granted or, if it was granted to joint tenants, any of them was the tenant or one of the joint tenants under an earlier assured tenancy of the dwelling-house concerned, any reference in paragraph (b) above to the grant of the tenancy is a reference to the grant of that earlier assured tenancy.

For the purposes of this ground “registered housing association” has the same meaning as in the Housing Associations Act 1985 and “charitable housing trust” means a housing trust, within the meaning of that Act, which is a charity, within the meaning of the Charities Act 1960.

Ground 7

The tenancy is a periodic tenancy (including a statutory periodic tenancy) which has devolved under the will or intestacy of the former tenant and the proceedings for the recovery of possession are begun not later than twelve months after the death of the former tenant or, if the court so directs, after the date on which, in the opinion of the court, the landlord or, in the case of joint landlords, any one of them became aware of the former tenant’s death.

For the purposes of this ground, the acceptance by the landlord of rent from a new tenant after the death of the former tenant shall not be regarded as creating a new periodic tenancy, unless the landlord agrees in writing to a change (as compared with the tenancy before the death) in the amount of the rent, the period of the tenancy, the premises which are let or any other term of the tenancy.

Ground 8

Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing—

and for the purpose of this ground “rent” means rent lawfully due from the tenant.

Part II — Grounds on which Court may Order Possession

Ground 9

Suitable alternative accommodation is available for the tenant or will be available for him when the order for possession takes effect.

Ground 10

Some rent lawfully due from the tenant—

Ground 11

Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.

Ground 12

Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.

Ground 13

The condition of the dwelling-house or any of the common parts has deteriorated owing to acts of waste by, or neglect or default of, the tenant or any other person residing in the dwelling-house and, in the case of an act of waste by, or neglect or default of, a person lodging with the tenant or a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

For the purpose of the ground, “common parts” means any part of a building comprising the dwelling-house and any other premises which the tenant is entitled under the terms of the tenancy to use in common with the occupiers of other dwelling-houses in which the landlord has an estate or interest.

Ground 14

The tenant or any other person residing in the dwelling-house has been guilty of conduct which is a nuisance or annoyance to adjoining occupiers, or has been convicted of using the dwelling-house or allowing the dwelling-house to be used for immoral or illegal purposes.

Ground 15

The condition of any furniture provided for use under the tenancy has, in the opinion of the court, deteriorated owing to ill-treatment by the tenant or any other person residing in the dwelling-house and, in the case of ill-treatment by a person lodging with the tenant or by a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

Ground 16

The dwelling-house was let to the tenant in consequence of his employment by the landlord seeking possession or a previous landlord under the tenancy and the tenant has ceased to be in that employment.

Part III — Suitable Alternative Accommodation

1

For the purposes of Ground 9 above, a certificate of the local housing authority for the district in which the dwelling-house in question is situated, certifying that the authority will provide suitable alternative accommodation for the tenant by a date specified in the certificate, shall be conclusive evidence that suitable alternative accommodation will be available for him by that date.

2

Where no such certificate as is mentioned in paragraph I above is produced to the court, accommodation shall be deemed to be suitable for the purposes of Ground 9 above if it consists of either—

• (a) premises which are to be let as a separate dwelling such that they will then be let on an assured tenancy, other than—

• (i) a tenancy in respect of which notice is given not later than the beginning of the tenancy that possession might be recovered on any of Grounds 1 to 5 above, or

• (ii) an assured shorthold tenancy, within the meaning of Chapter II of Part I of this Act, or

• (b) premises to be let as a separate dwelling on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by Chapter I of Part I of this Act in the case of an assured tenancy of a kind mentioned in sub-paragraph (a) above,

and, in the opinion of the court, the accommodation fulfils the relevant conditions as defined in paragraph 3 below.

3

• (1) For the purposes of paragraph 2 above, the relevant conditions are that the accommodation is reasonably suitable to the needs of the tenant and his family as regards proximity to place of work, and either—

• (a) similar as regards rental and extent to the accommodation afforded by dwelling-houses provided in the neighbourhood by any local housing authority for persons whose needs as regards extent are, in the opinion of the court, similar to those of the tenant and of his family; or

• (b) reasonably suitable to the means of the tenant and to the needs of the tenant and his family as regards extent and character; and

that if any furniture was provided for use under the assured tenancy in question, furniture is provided for use in the accommodation which is either similar to that so provided or is reasonably suitable to the needs of the tenant and his family.

• (2) For the purposes of sub-paragraph (1)(a) above, a certificate of a local housing authority stating—

• (a) the extent of the accommodation afforded by dwelling-houses provided by the authority to meet the needs of tenants with families of such number as may be specified in the certificate, and

• (b) the amount of the rent charged by the authority for dwelling-houses affording accommodation of that extent,

shall be conclusive evidence of the facts so stated.

4

Accommodation shall not be deemed to be suitable to the needs of the tenant and his family if the result of their occupation of the accommodation would be that it would be an overcrowded dwelling-house for the purposes of Part X of the Housing Act 1985.

5

Any document purporting to be a certificate of a local housing authority named therein issued for the purposes of this Part of this Schedule and to be signed by the proper officer of that authority shall be received in evidence and, unless the contrary is shown, shall be deemed to be such a certificate without further proof.

6

In this Part of this Schedule “local housing authority” and “district”, in relation to such an authority, have the same meaning as in the Housing Act 1985.

Part IV — Notices Relating to Recovery of Possession

7

Any reference in Grounds I to 5 in Part I of this Schedule or in the following provisions of this Part to the landlord giving a notice in writing to the tenant is, in the case of joint landlords, a reference to at least one of the joint landlords giving such a notice.

8

• (1) If, not later than the beginning of a tenancy (in this paragraph referred to as “the earlier tenancy”), the landlord gives such a notice in writing to the tenant as is mentioned in any of Grounds I to 5 in Part I of this Schedule, then, for the purposes of the ground in question and any further application of this paragraph, that notice shall also have effect as if it had been given immediately before the beginning of any later tenancy falling within sub-paragraph (2) below.

• (2) Subject to sub-paragraph (3) below, sub-paragraph (1) above applies to a later tenancy—

• (a) which takes effect immediately on the coming to an end of the earlier tenancy; and

• (b) which is granted (or deemed to be granted) to the person who was the tenant under the earlier tenancy immediately before it came to an end; and

• (c) which is of substantially the same dwelling-house as the earlier tenancy.

• (3) Sub-paragraph (1) above does not apply in relation to a later tenancy if, not later than the beginning of the tenancy, the landlord gave notice in writing to the tenant that the tenancy is not one in respect of which possession can be recovered on the ground in question.

9

Where paragraph 8(1) above has effect in relation to a notice given as mentioned in Ground I in Part I of this Schedule, the reference in paragraph (b) of that ground to the reversion on the tenancy is a reference to the reversion on the earlier tenancy and on any later tenancy falling within paragraph 8(2) above.

10

Where paragraph 8(1) above has effect in relation to a notice given as mentioned in Ground 3 or Ground 4 in Part I of this Schedule, any second or subsequent tenancy in relation to which the notice has effect shall be treated for the purpose of that ground as beginning at the beginning of the tenancy in respect of which the notice was actually given.

11

Any reference in Grounds 1 to 5 in Part I of this Schedule to a notice being given not later than the beginning of the tenancy is a reference to its being given not later than the day on which the tenancy is entered into and, accordingly, section 45(2) of this Act shall not apply to any such reference.

SCHEDULE 3

Interpretation

1

• (1) In this Schedule—

• “the 1976 Act” means the Rent (Agriculture) Act 1976;

• “agriculture” has the same meaning as in the 1976 Act; and

• “relevant tenancy or licence” means a tenancy or licence of a description specified in section 24(2) of this Act.

• (2) In relation to a relevant tenancy or licence—

• (a) “the occupier” means the tenant or licensee; and

• (b) “the dwelling-house” means the dwelling-house which is let under the tenancy or, as the case may be, is occupied under the licence.

• (3) Schedule 3 to the 1976 Act applies for the purposes of this Schedule as it applies for the purposes of that Act and, accordingly, shall have effect to determine—

• (a) whether a person is a qualifying worker;

• (b) whether a person is incapable of whole-time work in agriculture, or work in agriculture as a permit worker, in consequence of a qualifying injury or disease; and

• (c) whether a dwelling-house is in qualifying ownership.

The conditions

2

The agricultural worker condition is fulfilled with respect to a dwelling-house subject to a relevant tenancy or licence if—

• (a) the dwelling-house is or has been in qualifying ownership at any time during the subsistence of the tenancy or licence (whether or not it was at that time a relevant tenancy or licence); and

• (b) the occupier or, where there are joint occupiers, at least one of them—

• (i) is a qualifying worker or has been a qualifying worker at any time during the subsistence of the tenancy or licence (whether or not it was at that time a relevant tenancy or licence); or

• (ii) is incapable of whole-time work in agriculture or work in agriculture as a permit worker in consequence of a qualifying injury or disease.

3

• (1) The agricultural worker condition is also fulfilled with respect to a dwelling-house subject to a relevant tenancy or licence if—

• (a) that condition was previously fulfilled with respect to the dwelling-house but the person who was then the occupier or, as the case may be, a person who was one of the joint occupiers (whether or not under the same relevant tenancy or licence) has died; and

• (b) that condition ceased to be fulfilled on the death of the occupier referred to in paragraph (a) above (hereinafter referred to as “the previous qualifying occupier”); and

• (c) the occupier is either—

• (i) the qualifying surviving partner of the previous qualifying occupier; or

• (ii) the qualifying member of the previous qualifying occupier’s family.

• (2) For the purposes of sub-paragraph (1)(c)(i) above and sub-paragraph (3) below—

• (a) “surviving partner” means widow, widower or surviving civil partner; and

• (b) a surviving partner of the previous qualifying occupier of the dwelling-house is a qualifying surviving partner if that surviving partner was residing in the dwelling-house immediately before the previous qualifying occupier’s death.

• (3) Subject to sub-paragraph (4) below, for the purposes of sub-paragraph (1)(c)(ii) above, a member of the family of the previous qualifying occupier of the dwelling-house is the qualifying member of the family if—

• (a) on the death of the previous qualifying occupier there was no qualifying surviving partner ; and

• (b) the member of the family was residing in the dwelling-house with the previous qualifying occupier at the time of, and for the period of two years before, his death.

• (4) Not more than one member of the previous qualifying occupier’s family may be taken into account in determining whether the agricultural worker condition is fulfilled by virtue of this paragraph and, accordingly, if there is more than one member of the family—

• (a) who is the occupier in relation to the relevant tenancy or licence, and

• (b) who, apart from this sub-paragraph, would be the qualifying member of the family by virtue of sub-paragraph (3) above,

only that one of those members of the family who may be decided by agreement or, in default of agreement by the county court, shall be the qualifying member.

• (5) For the purposes of sub-paragraph (2)(a) above, a person who, immediately before the previous qualifying occupier’s death, was living together with the previous occupier as if they were a married couple or civil partners shall be treated as the widow, widower or surviving civil partner of the previous occupier.

• (6) If, immediately before the death of the previous qualifying occupier, there is, by virtue of sub-paragraph (5) above, more than one person who falls within sub-paragraph (1)(c)(i) above, such one of them as may be decided by agreement or, in default of agreement, by the county court shall be treated as the qualifying surviving partner for the purposes of this paragraph.

4

The agricultural worker condition is also fulfilled with respect to a dwelling-house subject to a relevant tenancy or licence if—

• (a) the tenancy or licence was granted to the occupier or, where there are joint occupiers, at least one of them in consideration of his giving up possession of another dwelling-house of which he was then occupier (or one of joint occupiers) under another relevant tenancy or licence; and

• (b) immediately before he gave up possession of that dwelling-house, as a result of his occupation the agricultural worker condition was fulfilled with respect to it (whether by virtue of paragraph 2 or paragraph 3 above or this paragraph);

and the reference in paragraph (a) above to a tenancy or licence granted to the occupier or at least one of joint occupiers includes a reference to the case where the grant is to him together with one or more other persons.

5

• (1) This paragraph applies where—

• (a) by virtue of any of paragraphs 2 to 4 above, the agricultural worker condition is fulfilled with respect to a dwelling-house subject to a relevant tenancy or licence (in this paragraph referred to as “the earlier tenancy or licence”); and

• (b) another relevant tenancy or licence of the same dwelling-house (in this paragraph referred to as “the later tenancy or licence”) is granted to the person who, immediately before the grant, was the occupier or one of the joint occupiers under the earlier tenancy or licence and as a result of whose occupation the agricultural worker condition was fulfilled as mentioned in paragraph (a) above;

and the reference in paragraph (b) above to the grant of the later tenancy or licence to the person mentioned in that paragraph includes a reference to the case where the grant is to that person together with one or more other persons.

• (2) So long as a person as a result of whose occupation of the dwelling-house the agricultural worker condition was fulfilled with respect to the earlier tenancy or licence continues to be the occupier, or one of the joint occupiers, under the later tenancy or licence, the agricultural worker condition shall be fulfilled with respect to the dwelling-house.

• (3) For the purposes of paragraphs 3 and 4 above and any further application of this paragraph, where sub-paragraph (2) above has effect, the agricultural worker condition shall be treated as fulfilled so far as concerns the later tenancy or licence by virtue of the same paragraph of this Schedule as was applicable (or, as the case may be, last applicable) in the case of the earlier tenancy or licence.

SCHEDULE 4

Part I — Amendments of Schedule 1 to Rent Act 1977

1

In paragraph 1 the words “or, as the case may be, paragraph 3” shall be omitted.

2

At the end of paragraph 2 there shall be inserted the following sub-paragraphs—

(2) For the purposes of this paragraph, a person who was living with the original tenant as his or her wife or husband shall be treated as the spouse of the original tenant. (3) If, immediately after the death of the original tenant, there is, by virtue of sub-paragraph (2) above, more than one person who fulfils the conditions in sub-paragraph (1) above, such one of them as may be decided by agreement or, in default of agreement, by the county court shall be treated as the surviving spouse for the purposes of this paragraph.

3

In paragraph 3—

• (a) after the words “residing with him” there shall be inserted “ “in the dwelling-house ”;

• (b) for the words “period of 6 months” there shall be substituted “ “period of 2 years ”;

• (c) for the words from “the statutory tenant” onwards there shall be substituted “ “entitled to an assured tenancy of the dwelling-house by succession ”; and

• (d) at the end there shall be added the following sub-paragraph—

(2) If the original tenant died within the period of 18 months beginning on the operative date, then, for the purposes of this paragraph, a person who was residing in the dwelling-house with the original tenant at the time of his death and for the period which began 6 months before the operative date and ended at the time of his death shall be taken to have been residing with the original tenant for the period of 2 years immediately before his death.

4

In paragraph 4 the words “or 3” shall be omitted.

5

In paragraph 5—

• (a) for the words from “or, as the case may be” to “of this Act” there shall be substituted “ “below shall have effect ”; and

• (b) for the words “the statutory tenant” there shall be substituted “ “entitled to an assured tenancy of the dwelling-house by succession ”.

6

For paragraph 6 there shall be substituted the following paragraph—

(6) (1) Where a person who— (a) was a member of the original tenant’s family immediately before that tenant’s death, and (b) was a member of the first successor’s family immediately before the first successor’s death, was residing in the dwelling-house with the first successor at the time of, and for the period of 2 years immediately before, the first successor’s death, that person or, if there is more than one such person, such one of them as may be decided by agreement or, in default of agreement, by the county court shall be entitled to an assured tenancy of the dwelling-house by succession. (2) If the first successor died within the period of 18 months beginning on the operative date, then, for the purposes of this paragraph, a person who was residing in the dwelling-house with the first successor at the time of his death and for the period which began 6 months before the operative date and ended at the time of his death shall be taken to have been residing with the first successor for the period of 2 years immediately before his death.

7

Paragraph 7 shall be omitted.

8

In paragraph 10(1)(a) for the words “paragraphs 6 or 7” there shall be substituted “ “paragraph 6 ”.

9

At the end of paragraph 11 there shall be inserted the following paragraph—

(11A) In this Part of this Schedule “the operative date” means the date on which Part I of the Housing Act 1988 came into force.

Part II — Amendments of Section 4 of Rent (Agriculture) Act 1976

10

In subsection (2) the words “or, as the case may be, subsection (4)” shall be omitted.

11

In subsection (4)—

• (a) in paragraph (b) after the words “residing with him” there shall be inserted “ “in the dwelling-house ” and for the words “period of six months” there shall be substituted “ “period of 2 years ”; and

• (b) for the words from “the statutory tenant” onwards there shall be substituted “ “entitled to an assured tenancy of the dwelling-house by succession ”.

12

In subsection (5) for the words “subsections (1), (3) and (4)” there shall be substituted “ “subsections (1) and (3) ” and after that subsection there shall be inserted the following subsections—

(5A) For the purposes of subsection (3) above, a person who was living with the original occupier as his or her wife or husband shall be treated as the spouse of the original occupier and, subject to subsection (5B) below, the references in subsection (3) above to a widow and in subsection (4) above to a surviving spouse shall be construed accordingly. (5B) If, immediately after the death of the original occupier, there is, by virtue of subsection (5A) above, more than one person who fulfils the conditions in subsection (3) above, such one of them as may be decided by agreement or, in default of agreement by the county court, shall be the statutory tenant by virtue of that subsection. (5C) If the original occupier died within the period of 18 months beginning on the operative date, then, for the purposes of subsection (3) above, a person who was residing in the dwelling-house with the original occupier at the time of his death and for the period which began 6 months before the operative date and ended at the time of his death shall be taken to have been residing with the original occupier for the period of 2 years immediately before his death; and in this subsection “the operative date” means the date on which Part I of the Housing Act 1988 came into force.

Part III — Modifications of Section 7 and Schedule 2

13

• (1) Subject to sub-paragraph (2) below, in relation to the assured tenancy to which the successor becomes entitled by succession, section 7 of this Act shall have effect as if in subsection (3) after the word “established” there were inserted the words “ “or that the circumstances are as specified in any of Cases 11, 12, 16, 17, 18 and 20 in Schedule 15 to the Rent Act 1977 ”.

• (2) Sub-paragraph (1) above does not apply if, by virtue of section 39(8) of this Act, the assured tenancy to which the successor becomes entitled is an assured agricultural occupancy.

14

If by virtue of section 39(8) of this Act, the assured tenancy to which the successor becomes entitled is an assured agricultural occupancy, section 7 of this Act shall have effect in relation to that tenancy as if in subsection (3) after the word “established” there were inserted the words “ “or that the circumstances are as specified in Case XI or Case XII of the Rent (Agriculture) Act 1976 ”.

15

• (1) In relation to the assured tenancy to which the successor becomes entitled by succession, any notice given to the predecessor for the purposes of Case 13, Case 14 or Case 15 in Schedule 15 to the Rent Act 1977 shall be treated as having been given for the purposes of whichever of Grounds 3 to 5 in Schedule 2 to this Act corresponds to the Case in question.

• (2) Where sub-paragraph (1) above applies, the regulated tenancy of the predecessor shall be treated, in relation to the assured tenancy of the successor, as “the earlier tenancy” for the purposes of Part IV of Schedule 2 to this Act.

SCHEDULE 5

Status

1

• (1) Housing for Wales is a body corporate and is in this Schedule referred to as “the Corporation”.

• (2) The Corporation is a public body for the purposes of the Prevention of Corruption Acts 1889 to 1916.

• (3) The Corporation shall not be regarded—

• (a) as the servant or agent of the Crown; or

• (b) as enjoying any status, immunity or privilege of the Crown; or

• (c) as exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local;

and its property shall not be regarded as property of, or held on behalf of, the Crown.

Membership

2

• (1) The members of the Corporation shall be—

• (a) not less than six nor more than eight persons appointed by the Secretary of State; and

• (b) the chief executive of the Corporation appointed under paragraph 7 below;

and the members appointed under paragraph (a) above are in this Schedule referred to as the “appointed members”.

• (2) Before appointing a person to be a member of the Corporation the Secretary of State shall satisfy himself that he will have no financial or other interest likely to affect prejudicially the exercise of his functions as a member; and the Secretary of State may require a person whom he proposes to appoint to give him such information as he considers necessary for that purpose.

3

• (1) The appointed members shall hold and vacate office in accordance with the terms of their appointment, subject to the following provisions.

• (2) A member may resign his membership by notice in writing addressed to the Secretary of State.

• (3) The Secretary of State may remove a member from office if he is satisfied that—

• (a) he has been adjudged bankrupt or made an arrangement with his creditors;

• (b) he has been absent from meetings of the Corporation for a period longer than three consecutive months without the permission of the Corporation; or

• (c) he is otherwise unable or unfit to discharge the functions of a member, or is unsuitable to continue as a member.

• (4) The Secretary of State shall satisfy himself from time to time with respect to every appointed member that he has no financial or other interest likely to affect prejudicially the exercise of his functions as a member; and he may require an appointed member to give him such information as he considers necessary for that purpose.

Chairman and Deputy Chairman

4

• (1) The Secretary of State shall appoint one of the appointed members to be Chairman and may appoint one to be Deputy Chairman; and the members so appointed shall hold and vacate those offices in accordance with the terms of their appointment, subject to the following provisions.

• (2) The Chairman or Deputy Chairman may resign by notice in writing addressed to the Secretary of State.

• (3) If the Chairman or Deputy Chairman ceases to be a member of the Corporation, he also ceases to be Chairman or Deputy Chairman.

Remuneration and allowances

5

• (1) The Corporation may pay the Chairman, Deputy Chairman and appointed members such remuneration as Secretary of State may, with the consent of the Treasury, determine.

• (2) The Corporation may pay them such reasonable allowances as may be so determined in respect of expenses properly incurred by them in the performance of their duties.

Pensions

6

• (1) The Secretary of State may, with the consent of the Treasury, determine to pay in respect of a person’s office as Chairman, Deputy Chairman or appointed member—

• (a) such pension, allowance or gratuity to or in respect of that person on his retirement or death as may be so determined; or

• (b) such contributions or other payments towards provision for such pension, allowance or gratuity as may be so determined.

• (2) As soon as may be after the making of such a determination the Secretary of State shall lay before each House of Parliament a statement of the amount payable in pursuance of the determination.

• (3) Sub-paragraph (1) above does not apply in the case of a member who has been admitted in pursuance of regulations under section 7 of the Superannuation Act 1972 to participate in the benefits of a superannuation fund maintained by a local authority.

• (4) In such a case the Secretary of State shall make any payments required to be made to the fund in respect of the member by the employing authority and may make such deductions from his remuneration as the employing authority might make in respect of his contributions to the fund.

Staff

7

• (1) There shall be a chief executive of the Corporation.

• (2) After consultation with the Chairman or person designated to be chairman of the Corporation, the Secretary of State shall make the first appointment of the chief executive on such terms and conditions as he may, with the consent of the Treasury, determine.

• (3) The Corporation, with the approval of the Secretary of State, may make subsequent appointments to the office of chief executive on such terms and conditions as the Corporation may, with the approval of the Secretary of State given with the consent of the Treasury, determine.

8

• (1) The Corporation may appoint, on such terms and conditions as it may, with the approval of the Secretary of State, determine, such other employees as it thinks fit.

• (2) In respect of such of its employees as it may, with the approval of the Secretary of State, determine, the Corporation shall make such arrangements for providing pensions, allowances or gratuities as it may determine; and such arrangements may include the establishment and administration, by the Corporation or otherwise, of one or more pension schemes.

• (3) The reference in sub-paragraph (2) above to pensions, allowances or gratuities to or in respect of employees of the Corporation includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the Corporation’s employees who suffer loss of office or employment or loss or diminution of emoluments.

• (4) The Secretary of State with the consent of the Treasury may, by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, make regulations providing for—

• (a) the transfer to, and administration by, Housing for Wales of any superannuation fund maintained by the Housing Corporation in terms of the provisions of any scheme made under section 7 of the Superannuation Act 1972; and

• (b) the modification, for the purposes of the regulations, of that section or any scheme thereunder.

• (5) If an employee of the Corporation becomes a member of the Corporation and was by reference to his employment by the Corporation a participant in a pension scheme administered by it for the benefit of its employees—

• (a) the Corporation may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee of the Corporation whether or not any benefits are to be payable to or in respect of him by virtue of paragraph 6 above; but

• (b) if the Corporation does so determine, any discretion as to the benefits payable to or in respect of him which the scheme confers on the Corporation shall be exercised only with the approval of the Secretary of State.

• (6) Any reference in the preceding provisions of this paragraph to the approval of the Secretary of State is a reference to that approval given with the consent of the Treasury.

9

• (1) Not later than such date as the Secretary of State may determine, the Corporation shall make an offer of employment by it to each person employed immediately before that date by the Housing Corporation in connection with functions in Wales; and any question as to the persons to whom an offer of employment is to be made under this paragraph shall be determined by the Secretary of State.

• (2) The terms of the offer shall be such that they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed on the date on which the offer is made.

• (3) An offer made in pursuance of this paragraph shall not be revocable during the period of 3 months commencing with the date on which it is made.

10

• (1) Where a person becomes an employee of the Corporation in consequence of an offer made under paragraph 9 above, then, for the purposes of the Employment Rights Act 1996, his period of employment with the Housing Corporation shall count as a period of employment by the Corporation, and the change of employment shall not break the continuity of the period of employment.

• (2) Where an offer is made in pursuance of paragraph 9 above to any person employed as mentioned in that paragraph, none of the agreed redundancy procedures applicable to such a person shall apply to him; and where that person ceases to be so employed—