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143E Notice of proceedings for possession | |
(1) Proceedings for possession of a dwelling-house let under a demoted | |
tenancy must not be brought unless the landlord has served on the | |
tenant a notice of proceedings under this section. | |
(2) The notice must— | 5 |
(a) state that the court will be asked to make an order for the | |
possession of the dwelling-house; | |
(b) set out the reasons for the landlord’s decision to apply for the | |
order; | |
(c) specify the date after which proceedings for the possession of | 10 |
the dwelling-house may be begun; | |
(d) inform the tenant of his right to request a review of the | |
landlord’s decision and of the time within which the request | |
must be made. | |
(3) The date specified under subsection (2)(c) must not be earlier than | 15 |
the date on which the tenancy could (apart from this Chapter) be | |
brought to an end by notice to quit given by the landlord on the same | |
date as the notice of proceedings. | |
(4) The court must not entertain proceedings begun on or before the | |
date specified under subsection (2)(c). | 20 |
(5) The notice must also inform the tenant that if he needs help or | |
advice— | |
(a) about the notice, or | |
(b) about what to do about the notice, | |
he must take the notice immediately to a Citizen’s Advice Bureau, a | 25 |
housing aid centre, a law centre or a solicitor. | |
143F Review of decision to seek possession | |
(1) Before the end of the period of 14 days beginning with the date of | |
service of a notice for possession of a dwelling-house let under a | |
demoted tenancy the tenant may request the landlord to review its | 30 |
decision to seek an order for possession. | |
(2) If a request is made in accordance with subsection (1) the landlord | |
must review the decision. | |
(3) The Secretary of State may by regulations make provision as to the | |
procedure to be followed in connection with a review under this | 35 |
section. | |
(4) The regulations may include provision— | |
(a) requiring the decision on review to be made by a person of | |
appropriate seniority who was not involved in the original | |
decision; | 40 |
(b) as to the circumstances in which the tenant is entitled to an | |
oral hearing, and whether and by whom he may be | |
represented at the hearing. | |
(5) The landlord must notify the tenant— | |
(a) of the decision on the review; | 45 |
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(b) of the reasons for the decision. | |
(6) The review must be carried out and notice given under subsection (5) | |
before the date specified in the notice of proceedings as the date after | |
which proceedings for possession of the dwelling-house may be | |
begun. | 5 |
143G Effect of proceedings for possession | |
(1) This section applies if the landlord has begun proceedings for the | |
possession of a dwelling-house let under a demoted tenancy and— | |
(a) the demotion period ends, or | |
(b) any of paragraphs (a) to (c) of section 143B(2) applies | 10 |
(circumstances in which a tenancy ceases to be a demoted | |
tenancy). | |
(2) If any of paragraphs (a) to (c) of section 143B(2) applies the tenancy | |
ceases to be a demoted tenancy but the landlord (or the new landlord | |
as the case may be) may continue the proceedings. | 15 |
(3) Subsection (4) applies if in accordance with subsection (2) a tenancy | |
ceases to be a demoted tenancy and becomes a secure tenancy. | |
(4) The tenant is not entitled to exercise the right to buy unless— | |
(a) the proceedings are finally determined, and | |
(b) he is not required to give up possession of the dwelling- | 20 |
house. | |
(5) The proceedings must be treated as finally determined if— | |
(a) they are withdrawn; | |
(b) any appeal is abandoned; | |
(c) the time for appealing expires without an appeal being | 25 |
brought. | |
Succession | |
143H Succession to demoted tenancy | |
(1) This section applies if the tenant under a demoted tenancy dies. | |
(2) If the tenant was a successor, the tenancy— | 30 |
(a) ceases to be a demoted tenancy, but | |
(b) does not become a secure tenancy. | |
(3) In any other case a person is qualified to succeed the tenant if— | |
(a) he occupies the dwelling-house as his only or principal home | |
at the time of the tenant’s death, | 35 |
(b) he is a member of the tenant’s family, and | |
(c) he has resided with the tenant throughout the period of 12 | |
months ending with the tenant’s death. | |
(4) If only one person is qualified to succeed under subsection (3) the | |
tenancy vests in him by virtue of this section. | 40 |
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(5) If there is more than one such person the tenancy vests by virtue of | |
this section in the person preferred in accordance with the following | |
rules— | |
(a) the tenant’s spouse or (if the tenant has no spouse) the person | |
mentioned in section 143P(1)(b) is to be preferred to another | 5 |
member of the tenant’s family; | |
(b) if there are two or more other members of the tenant’s family | |
the person preferred may be agreed between them or (if there | |
is no such agreement) selected by the landlord. | |
143I No successor tenant: termination | 10 |
(1) This section applies if the demoted tenant dies and no person is | |
qualified to succeed to the tenancy as mentioned in section 143H(3). | |
(2) The tenancy ceases to be a demoted tenancy if either subsection (3) | |
or (4) applies. | |
(3) This subsection applies if the tenancy is vested or otherwise disposed | 15 |
of in the course of the administration of the tenant’s estate unless the | |
vesting or other disposal is in pursuance of an order under— | |
(a) section 23A or 24 of the Matrimonial Causes Act 1973 | |
(property adjustment orders in connection with matrimonial | |
proceedings); | 20 |
(b) section 17(1) of the Matrimonial and Family Proceedings Act | |
1984 (property adjustment orders after overseas divorce, etc); | |
(c) paragraph 1 of Schedule 1 to the Children Act 1989 (orders | |
for financial relief against parents). | |
(4) This subsection applies if it is known that when the tenancy is vested | 25 |
or otherwise disposed of in the course of the administration of the | |
tenant’s estate it will not be in pursuance of an order mentioned in | |
subsection (3). | |
(5) A tenancy which ceases to be a demoted tenancy by virtue of this | |
section cannot subsequently become a secure tenancy. | 30 |
143J Successor tenants | |
(1) This section applies for the purpose of sections 143H and 143I. | |
(2) A person is a successor to a secure tenancy which is terminated by a | |
demotion order if any of subsections (3) to (6) applies to him. | |
(3) The tenancy vested in him— | 35 |
(a) by virtue of section 89 of the Housing Act 1985 or section 133 | |
of this Act; | |
(b) under the will or intestacy of the preceding tenant. | |
(4) The tenancy arose by virtue of section 86 of the Housing Act 1985 and | |
the original fixed term was granted— | 40 |
(a) to another person, or | |
(b) to him jointly with another person. | |
(5) He became the tenant on the tenancy being assigned to him unless— | |
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(a) the tenancy was assigned in proceedings under section | |
section 23A or 24 of the Matrimonial Causes Act 1973 | |
(property adjustment orders in connection with matrimonial | |
proceedings) or section 17(1) of the Matrimonial and Family | |
Proceedings Act 1984 (property adjustment orders after | 5 |
overseas divorce, etc), and | |
(b) neither he nor the other party to the marriage was a | |
successor. | |
(6) He became the tenant on assignment under section 92 of the Housing | |
Act 1985 if he himself was a successor to the tenancy which he | 10 |
assigned in exchange. | |
(7) A person is the successor to a demoted tenancy if the tenancy vested | |
in him by virtue of section 143H(4) or (5). | |
(8) A person is the successor to a joint tenancy if he has become the sole | |
tenant. | 15 |
Assignment | |
143K Restriction on assignment | |
(1) A demoted tenancy is not capable of being assigned except as | |
mentioned in subsection (2). | |
(2) The exceptions are assignment in pursuance of an order made | 20 |
under— | |
(a) section 24 of the Matrimonial Causes Act 1973 (property | |
adjustment orders in connection with matrimonial | |
proceedings); | |
(b) section 17(1) of the Matrimonial and Family Proceedings Act | 25 |
1984 (property adjustment orders after overseas divorce, | |
etc.); | |
(c) paragraph 1 of Schedule 1 to the Children Act 1989 (orders | |
for financial relief against parents). | |
Repairs | 30 |
143L Right to carry out repairs | |
The Secretary of State may by regulations under section 96 of the | |
Housing Act 1985 (secure tenants: right to carry out repairs) apply to | |
demoted tenants any provision made under that section in relation | |
to secure tenants. | 35 |
Provision of information | |
143M Provision of information | |
(1) This section applies to a local housing authority or a housing action | |
trust if it is the landlord of a demoted tenancy. | |
(2) The landlord must from time to time publish information about the | 40 |
demoted tenancy in such form as it thinks best suited to explain in | |
simple terms and so far as it considers appropriate the effect of— | |
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(a) the express terms of the demoted tenancy; | |
(b) the provisions of this Chapter; | |
(c) the provisions of sections 11 to 16 of the Landlord and Tenant | |
Act 1985 (landlord’s repairing obligations). | |
(3) The landlord must ensure that information published under | 5 |
subsection (2) is, so far as is reasonably practicable, kept up to date. | |
(4) The landlord must supply the tenant with— | |
(a) a copy of the information published under subsection (2); | |
(b) a written statement of the terms of the tenancy, so far as they | |
are neither expressed in the lease or written tenancy | 10 |
agreement (if any) nor implied by law. | |
(5) The statement required by subsection (4)(b) must be supplied on the | |
grant of the tenancy or as soon as practicable afterwards. | |
Supplementary | |
143N Jurisdiction of county court | 15 |
(1) A county court has jurisdiction— | |
(a) to determine questions arising under this Chapter; | |
(b) to entertain proceedings brought under this Chapter; | |
(c) to determine claims (for whatever amount) in connection | |
with a demoted tenancy. | 20 |
(2) The jurisdiction includes jurisdiction to entertain proceedings as to | |
whether a statement supplied in pursuance of section 143M(4)(b) | |
(written statement of certain terms of tenancy) is accurate. | |
(3) For the purposes of subsection (2) it is immaterial that no relief other | |
than a declaration is sought. | 25 |
(4) If a person takes proceedings in the High Court which, by virtue of | |
this section, he could have taken in the county court he is not entitled | |
to recover any costs. | |
(5) The Lord Chancellor may make such rules and give such directions | |
as he thinks fit for the purposes of giving effect to this section. | 30 |
(6) The rules and directions may provide— | |
(a) for the exercise by a district judge of a county court of any | |
jurisdiction exercisable under this section; | |
(b) for the conduct of proceedings in private. | |
(7) The power to make rules must be exercised by statutory instrument | 35 |
subject to annulment in pursuance of a resolution of either House of | |
Parliament. | |
143O Meaning of dwelling house | |
(1) For the purposes of this Chapter a dwelling-house may be a house or | |
a part of a house. | 40 |
(2) Land let together with a dwelling-house must be treated for the | |
purposes of this Chapter as part of the dwelling-house unless the | |
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land is agricultural land which would not be treated as part of a | |
dwelling-house for the purposes of Part 4 of the Housing Act 1985. | |
143P Members of a person’s family | |
(1) For the purposes of this Chapter a person is a member of another’s | |
family if— | 5 |
(a) he is the spouse of that person; | |
(b) he and that person live together as a couple in an enduring | |
family relationship, but he does not fall within paragraph (c); | |
(c) he is that person’s parent, grandparent, child, grandchild, | |
brother, sister, uncle, aunt, nephew or niece. | 10 |
(2) For the purposes of subsection (1)(b) it is immaterial that two persons | |
living together in an enduring family relationship are of the same | |
sex. | |
(3) For the purposes of subsection (1)(c)— | |
(a) a relationship by marriage must be treated as a relationship | 15 |
by blood; | |
(b) a relationship of the half-blood must be treated as a | |
relationship of the whole blood; | |
(c) a stepchild of a person must be treated as his child.” | |
2 (1) The Housing Act 1985 (c. 68) is amended as follows. | 20 |
(2) In section 105 (requirement to consult secure tenants on certain housing | |
management matters) after subsection (6) there is inserted the following | |
subsection— | |
“(7) For the purposes of this section— | |
(a) secure tenants include demoted tenants within the meaning | 25 |
of section 143A of the Housing Act 1996; | |
(b) secure tenancies include demoted tenancies within the | |
meaning of that section.” | |
(3) In Schedule 1 (tenancies which are not secure tenancies) after paragraph 1A | |
(introductory tenancies) there is inserted the following paragraph— | 30 |
“1B A tenancy is not a secure tenancy if it is a demoted tenancy within | |
the meaning of section 143A of the Housing Act 1996.” | |
(4) In Schedule 4 (qualifying period for right to buy and discount) after | |
paragraph 9 (the tenant condition) there is inserted the following | |
paragraph— | 35 |
“9A The tenant condition is not met during any period when a tenancy | |
is a demoted tenancy by virtue of section 143A of the Housing Act | |
1996.” | |
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