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| To move the following Schedule:— |
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| | 1 | This Schedule makes provision about the fiscal effect of transfers under |
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| | schemes made under sections 53 and 67. |
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| | (a) | “transfer scheme” means a scheme under section 53 or 67, and |
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| | (b) | “transfer” means a transfer under a transfer scheme. |
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| | (2) | In this Schedule “transfer between bodies” means a transfer— |
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| | (a) | from the Urban Regeneration Agency, the Commission for the New |
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| | Towns or the Housing Corporation, and |
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| | (b) | to the HCA or the Regulator of Social Housing. |
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| | (3) | In this Schedule “transfer to government” means a transfer to— |
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| | (a) | a Minister of the Crown, or |
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| | (a) | ICTA means the Income and Corporation Taxes Act 1988 (c. 1), |
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| | (b) | TCGA means the Taxation of Chargeable Gains Act 1992 (c. 12), |
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| | (c) | FA 1996 means the Finance Act 1996 (c. 8), |
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| | (d) | FA 2002 means the Finance Act 2002 (c. 23), and |
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| | (e) | HMRC means the Commissioners for Her Majesty’s Revenue and |
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| | (2) | In this Schedule a reference to a trade includes a reference to part of a trade. |
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| | Corporation tax: continuity of trade |
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| | 4 (1) | This paragraph applies if as the result of a transfer scheme— |
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| | (a) | a transferor ceases a trade, and |
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| | (b) | a transferee commences it. |
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| | (2) | In connection with the computation of profits and losses for the purpose of |
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| | corporation tax in respect of periods wholly or partly after the commencement |
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| | (a) | the transferee shall be treated as having always carried on the trade, |
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| | (b) | the trade shall be considered separately from any other trade of the |
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| | transferee (with any necessary apportionment being made). |
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| | Corporation tax: capital allowances |
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| | 5 (1) | This paragraph applies in respect of property transferred under a transfer |
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| | (a) | the Urban Regeneration Agency, or |
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| | (b) | the Commission for the New Towns. |
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| | (2) | Where the property was used by the transferor, and is to be used by the |
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| | transferee, in connection with a trade, section 343(2) of ICTA (company |
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| | reconstructions: capital allowances) shall apply. |
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| | 6 | The following transfers shall be treated as giving rise to neither allowance nor |
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| | charge for the purposes of capital allowances in respect of a trade (and |
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| | allowances shall be calculated as if the transferee had always carried on the |
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| | (a) | a transfer from the Housing Corporation, and |
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| | (b) | a transfer to government. |
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| | Corporation tax: capital gains |
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| | 7 (1) | This paragraph applies in respect of property transferred under a transfer |
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| | (a) | the Urban Regeneration Agency, |
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| | (b) | the Commission for the New Towns, or |
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| | (c) | the Housing Corporation. |
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| | (2) | Section 17 of TCGA (disposals and acquisitions treated as at market value) |
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| | (3) | For the purposes of TCGA the transfer (in relation to the transferor and the |
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| | transferee) is to be taken as being a disposal for a consideration such that |
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| | neither gain nor loss accrues. |
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| | 8 | A transfer shall be disregarded for the purposes of section 30 of TCGA (value- |
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| | shifting: tax-free benefits). |
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| | 9 | At the end of section 35(3)(d) of TCGA (re-basing to 1982) add— |
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| | “(xviii) | Schedule [Transfer schemes: tax] to the Housing and |
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| | Corporation tax: intangible assets |
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| | 10 (1) | This paragraph applies for the purposes of Schedule 29 to FA 2002 (intangible |
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| | (2) | Expressions used in this paragraph have the same meaning as in that Schedule. |
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| | (3) | A transfer between bodies of a chargeable intangible asset is a tax-neutral |
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| | (4) | An intangible fixed asset which is an existing asset of the transferor at the time |
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| | of a transfer between bodies is to be treated, on and after the transfer, as an |
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| | existing asset of the transferee. |
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| | (5) | A transfer to government of a chargeable intangible asset is to be treated as not |
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| | involving a realisation of the asset by the transferor. |
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| | Corporation tax: loan relationships |
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| | 11 (1) | If as a result of a transfer the transferee replaces the transferor as a party to a |
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| | loan relationship, paragraph 12(2) of Schedule 9 to FA 1996 (transfer within |
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| | group: continuity of treatment) shall apply (whether or not the transferor and |
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| | transferee are bodies corporate). |
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| | (2) | Expressions used in this paragraph have the same meaning as in that Schedule. |
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| | 12 (1) | Stamp duty shall not be chargeable on a transfer scheme. |
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| | (2) | Stamp duty shall not be chargeable on a document certified by HMRC as |
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| | connected with a transfer scheme. |
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| | (3) | A document which is not chargeable by virtue of this paragraph must be |
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| | stamped in accordance with section 12 of the Stamp Act 1891 (c. 39) with a |
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| | stamp denoting that it is not chargeable.’. |
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| To move the following Schedule:— |
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| | ‘Possession orders relating to certain tenancies |
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| | Amendments to the Housing Acts of 1985, 1988 and 1996 |
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| | 1 | The Housing Act 1985 is amended as follows. |
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| | 2 (1) | Section 82 (security of tenure: date on which secure tenancy comes to an end |
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| | as a result of a possession order etc.) is amended as follows. |
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| | (2) | In subsection (1) for “by obtaining an order” substitute “as”. |
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| | (3) | For subsections (1A) and (2) substitute— |
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| | “(1A) | The tenancy may be brought to an end by the landlord— |
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| | (i) | an order of the court for the possession of the |
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| | (ii) | the execution of the order, |
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| | (b) | obtaining an order under subsection (3), or |
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| | (c) | obtaining a demotion order under section 82A. |
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| | (2) | In the case mentioned in subsection (1A)(a), the tenancy ends when |
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| | 3 (1) | Section 85 (extended discretion of court in certain proceedings for possession) |
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| | (2) | In subsection (3)(a) omit the words from “or payments” to “profits),”. |
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| | (3) | For subsection (4) substitute— |
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| | “(4) | The court may discharge or rescind the order for possession if it thinks |
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| | it appropriate to do so having had regard to— |
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| | (a) | any conditions imposed under subsection (3), and |
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| | (b) | the conduct of the tenant in connection with those conditions.” |
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| | 4 | In Schedule 3 (grounds for withholding consent to assignment by way of |
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| | exchange) for Ground 1 substitute— |
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| | | The tenant or the proposed assignee is subject to an order of the |
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| | court for the possession of the dwelling-house of which he is the |
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| | 5 | The Housing Act 1988 is amended as follows. |
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| | 6 (1) | Section 5 (security of tenure) is amended as follows. |
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| | (2) | For subsection (1) substitute— |
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| | “(1) | An assured tenancy cannot be brought to an end by the landlord except |
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| | (i) | an order of the court for possession of the dwelling- |
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| | house under section 7 or 21, and |
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| | (ii) | the execution of the order, |
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| | (b) | obtaining an order of the court under section 6A (demotion |
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| | (c) | in the case of a fixed term tenancy which contains power for |
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| | the landlord to determine the tenancy in certain |
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| | circumstances, by the exercise of that power, |
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| | | and, accordingly, the service by the landlord of a notice to quit is of no |
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| | effect in relation to a periodic assured tenancy. |
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| | (1A) | Where an order of the court for possession of the dwelling-house is |
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| | obtained, the tenancy ends when the order is executed.” |
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| | (3) | In subsection (2)(a) after “court” insert “of the kind mentioned in subsection |
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| | (1)(a) or (b) or any other order of the court”. |
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| | 7 | In section 7(7) (possession orders in cases of fixed term tenancies which have |
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| | come to an end) for “on the day on which the order takes effect” substitute “in |
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| | accordance with section 5(1A)”. |
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| | 8 (1) | Section 9 (extended discretion of court in possession claims) is amended as |
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| | (2) | In subsection (3) omit the words from “or payments” to “profits)”. |
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| | (3) | For subsection (4) substitute— |
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| | “(4) | The court may discharge or rescind any such order as is referred to in |
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| | subsection (2) if it thinks it appropriate to do so having had regard to— |
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| | (a) | any conditions imposed under subsection (3), and |
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| | (b) | the conduct of the tenant in connection with those conditions.” |
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| | 9 (1) | Section 21 (recovery of possession on expiry or termination of assured |
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| | shorthold tenancies) is amended as follows. |
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| | (2) | In subsection (3) for “on the day on which the order takes effect” substitute “in |
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| | accordance with section 5(1A)”. |
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| | (3) | After subsection (4) insert— |
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| | “(4A) | Where a court makes an order for possession of a dwelling-house by |
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| | virtue of subsection (4) above, the assured shorthold tenancy shall end |
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| | in accordance with section 5(1A).” |
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| | 10 | The Housing Act 1996 is amended as follows. |
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| | 11 (1) | Section 127 (introductory tenancies: proceedings for possession) is amended |
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| | (2) | In subsection (1) for the words from “an order” to the end substitute “— |
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| | (a) | an order of the court for the possession of the dwelling-house, |
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| | (b) | the execution of the order.” |
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| | (3) | After subsection (1) insert— |
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| | “(1A) | In such a case, the tenancy ends when the order is executed.” |
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| | (4) | In subsection (2) for “such an order” substitute “an order of the kind mentioned |
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| | 12 (1) | Section 130 (introductory tenancies: effect of beginning proceedings for |
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| | possession) is amended as follows. |
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| | (2) | In subsection (2)(a) for the words from “in pursuance of”, where they first |
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| | appear, to “of the court)” substitute “in accordance with section 127(1A)”. |
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| | (3) | In subsection (3)(b) for “127(2) and (3)” substitute “127(1A) and (2)”. |
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| | 13 (1) | Section 143D (demoted tenancies: proceedings for possession) is amended as |
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| | (2) | In subsection (1) for the words from “an order” to the end substitute “— |
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| | (a) | an order of the court for the possession of the dwelling-house, |
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| | (b) | the execution of the order.” |
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| | (3) | After subsection (1) insert— |
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| | “(1A) | In such a case, the tenancy ends when the order is executed.” |
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| | 14 (1) | Subject as follows, this Part of this Schedule does not apply to any possession |
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| | order made before the commencement date. |
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| | (2) | This Part of this Schedule does apply to a possession order made before the |
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| | commencement date if the order applies to— |
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| | (a) | a new tenancy by virtue of paragraph 20, or |
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| | (b) | a tenancy which has not ended pursuant to the order before that date. |
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| | (3) | Paragraphs 3(3) and 8(3) apply to any possession order regardless of when it |
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| | (4) | In determining for the purposes of sub-paragraph (2) whether a tenancy has |
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| | ended, any ending which was temporary because the tenancy was restored in |
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| | consequence of a court order is to be ignored. |
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| | (5) | In this paragraph “the commencement date” means the day on which section |
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| | (Possession orders relating to certain tenancies) comes into force. |
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| | Replacement of certain terminated tenancies |
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| | Circumstances in which replacement tenancies arise |
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| | 15 | In this Part of this Schedule “an original tenancy” means any secure tenancy, |
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| | assured tenancy, introductory tenancy or demoted tenancy— |
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| | (a) | in respect of which a possession order was made before the |
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| | (b) | which ended before that date pursuant to the order but not on the |
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| | 16 (1) | A new tenancy of the dwelling-house which was let under the original tenancy |
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| | is treated as arising on the commencement date between the ex-landlord and |
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| | (i) | the home condition is met, and |
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| | (ii) | the ex-landlord is entitled to let the dwelling-house, and |
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| | (b) | the ex-landlord and the ex-tenant have not entered into another |
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| | tenancy after the date on which the original tenancy ended but before |
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| | (2) | The home condition is that the dwelling-house which was let under the original |
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| | (a) | is, on the commencement date, the only or principal home of the ex- |
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| | (b) | has been the only or principal home of the ex-tenant throughout the |
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| | (3) | In this Part of this Schedule “the termination period” means the period— |
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| | (a) | beginning with the end of the original tenancy, and |
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| | (b) | ending with the commencement date. |
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| | (4) | For the purposes of sub-paragraph (2)(a) the dwelling-house is the only or |
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| | principal home of the ex-tenant on the commencement date even though the |
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| | ex-tenant is then absent from the dwelling-house as a result of having been |
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| | evicted in pursuance of a warrant if the warrant is subsequently set aside but |
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| | the possession order under which it was granted remains in force. |
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| | (5) | In that case, the new tenancy is treated as arising on the first day (if any) on |
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| | which the ex-tenant resumes occupation of the dwelling-house as that person’s |
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| | (6) | For the purposes of sub-paragraph (2)(b) any period of time within the |
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| | termination period is to be ignored if— |
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| | (a) | it is a period in which the ex-tenant was absent from the dwelling- |
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| | house as a result of having been evicted in pursuance of a warrant |
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| | which was then set aside although the possession order under which it |
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| | was granted remained in force, and |
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| | (b) | the ex-tenant subsequently resumes occupation of the dwelling-house |
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| | as the ex-tenant’s only or principal home. |
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| | (7) | The appropriate national authority may by order provide for particular cases or |
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| | descriptions of case, or particular circumstances, where the home condition is |
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| | met where it would not otherwise be met. |
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| | Nature of replacement tenancies |
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| | 17 | The new tenancy is to be— |
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| | (i) | the original tenancy was a secure tenancy, or |
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| | (ii) | the original tenancy was an introductory tenancy but no |
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| | election by the ex-landlord under section 124 of the Housing |
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| | Act 1996 (c. 52) is in force on the day on which the new |
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| | (b) | an assured shorthold tenancy if the original tenancy was an assured |
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| | (c) | an assured tenancy which is not an assured shorthold tenancy if the |
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| | original tenancy was a tenancy of that kind, |
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| | (d) | an introductory tenancy if the original tenancy was an introductory |
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| | tenancy and an election by the ex-landlord under section 124 of the |
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| | Housing Act 1996 (c. 52) is in force on the day on which the new |
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| | (e) | a demoted tenancy to which section 20B of the Housing Act 1988 |
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| | (c. 50) applies if the original tenancy was a demoted tenancy of that |
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| | (f) | a demoted tenancy to which section 143A of the Housing Act 1996 |
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| | (c. 52) applies if the original tenancy was a demoted tenancy of that |
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| | 18 (1) | The new tenancy is, subject as follows, to have effect on the same terms and |
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| | conditions as those applicable to the original tenancy immediately before it |
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| | (2) | The terms and conditions of the new tenancy are to be treated as modified so |
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| | as to reflect, so far as applicable, any changes made during the termination |
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| | period to the level of payments for the ex-tenant’s occupation of the dwelling- |
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| | house or to the other terms and conditions of the occupation. |
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| | (3) | The terms and conditions of the new tenancy are to be treated as modified so |
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| | that any outstanding liabilities owed by the ex-tenant to the ex-landlord in |
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| | respect of payments for the ex-tenant’s occupation of the dwelling-house |
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| | during the termination period are liabilities in respect of rent under the new |
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| | (4) | The appropriate national authority may by order provide for other |
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| | modifications of the terms and conditions of the new tenancy. |
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| | (5) | Nothing in sub-paragraphs (2) to (4) is to be read as permitting modifications |
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| | of the new tenancy which would not have been possible if the original tenancy |
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| | had remained a tenancy throughout the termination period. |
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| | (6) | The terms and conditions of a new secure tenancy which arises by virtue of |
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| | paragraph 17(a)(ii) are to be treated as modified so far as necessary to reflect |
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| | the fact that the new tenancy is a secure tenancy and not an introductory |
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| | 19 (1) | Any provision which is made by or under an enactment and relates to a secure |
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| | tenancy, assured tenancy, introductory tenancy or demoted tenancy applies, |
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| | subject as follows, to a new tenancy of a corresponding kind. |
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| | (2) | Any such provision which relates to an introductory tenancy applies to a new |
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| | tenancy which is an introductory tenancy as if the trial period mentioned in |
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| | section 125(2) of the Housing Act 1996 (c. 52) were the period of one year |
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| | beginning with the day on which the new tenancy arises. |
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| | (3) | Any such provision which relates to a demoted tenancy applies to a new |
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| | tenancy which is a demoted tenancy as if the demotion period mentioned in |
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| | section 20B(2) of the Housing Act 1988 (c. 50) or section 143B(1) of the |
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| | Housing Act 1996 (c. 52) were the period of one year beginning with the day |
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| | on which the new tenancy arises. |
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| | (4) | The appropriate national authority may by order modify any provision made |
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| | by or under an enactment in its application to a new tenancy. |
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| | Status of possession order and other court orders |
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| | 20 (1) | The possession order in pursuance of which the original tenancy ended is to be |
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| | treated, so far as practicable, as if it applies to the new tenancy. |
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| | (2) | Any court orders made before the commencement date which— |
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| | (a) | relate to the occupation of the dwelling-house, and |
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