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Session 2007 - 08
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Report Stage Proceedings: 31st March 2008
342

Housing and Regeneration Bill, continued

      (3)
For subsection (4) substitute—

“(4)
The court may discharge or rescind the order for possession if it thinks

it appropriate to do so having had regard to—

(a)
any conditions imposed under subsection (3), and

(b)
the conduct of the tenant in connection with those conditions.”

4
In Schedule 3 (grounds for withholding consent to assignment by way of

exchange) for Ground 1 substitute—

“Ground 1


The tenant or the proposed assignee is subject to an order of the

court for the possession of the dwelling-house of which he is the

secure tenant.”

Housing Act 1988 (c. 50)

5
The Housing Act 1988 is amended as follows.

6    (1)
Section 5 (security of tenure) is amended as follows.

      (2)
For subsection (1) substitute—

“(1)
An assured tenancy cannot be brought to an end by the landlord except

by—

(a)
obtaining—

(i)
an order of the court for possession of the dwelling-

house under section 7 or 21, and

(ii)
the execution of the order,

(b)
obtaining an order of the court under section 6A (demotion

order), or

(c)
in the case of a fixed term tenancy which contains power for

the landlord to determine the tenancy in certain

circumstances, by the exercise of that power,


and, accordingly, the service by the landlord of a notice to quit is of no

effect in relation to a periodic assured tenancy.

(1A)
Where an order of the court for possession of the dwelling-house is

obtained, the tenancy ends when the order is executed.”

      (3)
In subsection (2)(a) after “court” insert “of the kind mentioned in subsection

(1)(a) or (b) or any other order of the court”.

7
In section 7(7) (possession orders in cases of fixed term tenancies which have

come to an end) for “on the day on which the order takes effect” substitute “in

accordance with section 5(1A)”.

8    (1)
Section 9 (extended discretion of court in possession claims) is amended as

follows.

      (2)
In subsection (3) omit the words from “or payments” to “profits)”.

      (3)
For subsection (4) substitute—

“(4)
The court may discharge or rescind any such order as is referred to in

subsection (2) if it thinks it appropriate to do so having had regard to—

(a)
any conditions imposed under subsection (3), and

(b)
the conduct of the tenant in connection with those conditions.”

9    (1)
Section 21 (recovery of possession on expiry or termination of assured

shorthold tenancies) is amended as follows.

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Housing and Regeneration Bill, continued

      (2)
In subsection (3) for “on the day on which the order takes effect” substitute “in

accordance with section 5(1A)”.

      (3)
After subsection (4) insert—

“(4A)
Where a court makes an order for possession of a dwelling-house by

virtue of subsection (4) above, the assured shorthold tenancy shall end

in accordance with section 5(1A).”

Housing Act 1996 (c. 52)

10
The Housing Act 1996 is amended as follows.

11  (1)
Section 127 (introductory tenancies: proceedings for possession) is amended

as follows.

      (2)
In subsection (1) for the words from “an order” to the end substitute “—

(a)
an order of the court for the possession of the dwelling-house,

and

(b)
the execution of the order.”

      (3)
After subsection (1) insert—

“(1A)
In such a case, the tenancy ends when the order is executed.”

      (4)
In subsection (2) for “such an order” substitute “an order of the kind mentioned

in subsection (1)(a)”.

      (5)
Omit subsection (3).

12  (1)
Section 130 (introductory tenancies: effect of beginning proceedings for

possession) is amended as follows.

      (2)
In subsection (2)(a) for the words from “in pursuance of”, where they first

appear, to “of the court)” substitute “in accordance with section 127(1A)”.

      (3)
In subsection (3)(b) for “127(2) and (3)” substitute “127(1A) and (2)”.

13  (1)
Section 143D (demoted tenancies: proceedings for possession) is amended as

follows.

      (2)
In subsection (1) for the words from “an order” to the end substitute “—

(a)
an order of the court for the possession of the dwelling-house,

and

(b)
the execution of the order.”

      (3)
After subsection (1) insert—

“(1A)
In such a case, the tenancy ends when the order is executed.”

      (4)
Omit subsection (3).

Transitional provisions

14  (1)
Subject as follows, this Part of this Schedule does not apply to any possession

order made before the commencement date.

      (2)
This Part of this Schedule does apply to a possession order made before the

commencement date if the order applies to—

(a)
a new tenancy by virtue of paragraph 20, or

(b)
a tenancy which has not ended pursuant to the order before that date.

      (3)
Paragraphs 3(3) and 8(3) apply to any possession order regardless of when it

was made.

      (4)
In determining for the purposes of sub-paragraph (2) whether a tenancy has

ended, any ending which was temporary because the tenancy was restored in

consequence of a court order is to be ignored.

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Housing and Regeneration Bill, continued

      (5)
In this paragraph “the commencement date” means the day on which section

(Possession orders relating to certain tenancies) comes into force.

Part 2

Replacement of certain terminated tenancies

Circumstances in which replacement tenancies arise

15
In this Part of this Schedule “an original tenancy” means any secure tenancy,

assured tenancy, introductory tenancy or demoted tenancy—

(a)
in respect of which a possession order was made before the

commencement date, and

(b)
which ended before that date pursuant to the order but not on the

execution of the order.

16  (1)
A new tenancy of the dwelling-house which was let under the original tenancy

is treated as arising on the commencement date between the ex-landlord and

the ex-tenant if—

(a)
on that date—

(i)
the home condition is met, and

(ii)
the ex-landlord is entitled to let the dwelling-house, and

(b)
the ex-landlord and the ex-tenant have not entered into another

tenancy after the date on which the original tenancy ended but before

the commencement date.

      (2)
The home condition is that the dwelling-house which was let under the original

tenancy—

(a)
is, on the commencement date, the only or principal home of the ex-

tenant, and

(b)
has been the only or principal home of the ex-tenant throughout the

termination period.

      (3)
In this Part of this Schedule “the termination period” means the period—

(a)
beginning with the end of the original tenancy, and

(b)
ending with the commencement date.

      (4)
For the purposes of sub-paragraph (2)(a) the dwelling-house is the only or

principal home of the ex-tenant on the commencement date even though the

ex-tenant is then absent from the dwelling-house as a result of having been

evicted in pursuance of a warrant if the warrant is subsequently set aside but

the possession order under which it was granted remains in force.

      (5)
In that case, the new tenancy is treated as arising on the first day (if any) on

which the ex-tenant resumes occupation of the dwelling-house as that person’s

only or principal home.

      (6)
For the purposes of sub-paragraph (2)(b) any period of time within the

termination period is to be ignored if—

(a)
it is a period in which the ex-tenant was absent from the dwelling-

house as a result of having been evicted in pursuance of a warrant

which was then set aside although the possession order under which it

was granted remained in force, and

(b)
the ex-tenant subsequently resumes occupation of the dwelling-house

as the ex-tenant’s only or principal home.

      (7)
The appropriate national authority may by order provide for particular cases or

descriptions of case, or particular circumstances, where the home condition is

met where it would not otherwise be met.

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345

Housing and Regeneration Bill, continued

Nature of replacement tenancies

17
The new tenancy is to be—

(a)
a secure tenancy if—

(i)
the original tenancy was a secure tenancy, or

(ii)
the original tenancy was an introductory tenancy but no

election by the ex-landlord under section 124 of the Housing

Act 1996 (c. 52) is in force on the day on which the new

tenancy arises,

(b)
an assured shorthold tenancy if the original tenancy was an assured

shorthold tenancy,

(c)
an assured tenancy which is not an assured shorthold tenancy if the

original tenancy was a tenancy of that kind,

(d)
an introductory tenancy if the original tenancy was an introductory

tenancy and an election by the ex-landlord under section 124 of the

Housing Act 1996 (c. 52) is in force on the day on which the new

tenancy arises,

(e)
a demoted tenancy to which section 20B of the Housing Act 1988

(c. 50) applies if the original tenancy was a demoted tenancy of that

kind, and

(f)
a demoted tenancy to which section 143A of the Housing Act 1996

(c. 52) applies if the original tenancy was a demoted tenancy of that

kind.

18  (1)
The new tenancy is, subject as follows, to have effect on the same terms and

conditions as those applicable to the original tenancy immediately before it

ended.

      (2)
The terms and conditions of the new tenancy are to be treated as modified so

as to reflect, so far as applicable, any changes made during the termination

period to the level of payments for the ex-tenant’s occupation of the dwelling-

house or to the other terms and conditions of the occupation.

      (3)
The terms and conditions of the new tenancy are to be treated as modified so

that any outstanding liabilities owed by the ex-tenant to the ex-landlord in

respect of payments for the ex-tenant’s occupation of the dwelling-house

during the termination period are liabilities in respect of rent under the new

tenancy.

      (4)
The appropriate national authority may by order provide for other

modifications of the terms and conditions of the new tenancy.

      (5)
Nothing in sub-paragraphs (2) to (4) is to be read as permitting modifications

of the new tenancy which would not have been possible if the original tenancy

had remained a tenancy throughout the termination period.

      (6)
The terms and conditions of a new secure tenancy which arises by virtue of

paragraph 17(a)(ii) are to be treated as modified so far as necessary to reflect

the fact that the new tenancy is a secure tenancy and not an introductory

tenancy.

19  (1)
Any provision which is made by or under an enactment and relates to a secure

tenancy, assured tenancy, introductory tenancy or demoted tenancy applies,

subject as follows, to a new tenancy of a corresponding kind.

      (2)
Any such provision which relates to an introductory tenancy applies to a new

tenancy which is an introductory tenancy as if the trial period mentioned in

section 125(2) of the Housing Act 1996 (c. 52) were the period of one year

beginning with the day on which the new tenancy arises.

      (3)
Any such provision which relates to a demoted tenancy applies to a new

tenancy which is a demoted tenancy as if the demotion period mentioned in

section 20B(2) of the Housing Act 1988 (c. 50) or section 143B(1) of the

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Housing and Regeneration Bill, continued

Housing Act 1996 (c. 52) were the period of one year beginning with the day

on which the new tenancy arises.

      (4)
The appropriate national authority may by order modify any provision made

by or under an enactment in its application to a new tenancy.

Status of possession order and other court orders

20  (1)
The possession order in pursuance of which the original tenancy ended is to be

treated, so far as practicable, as if it applies to the new tenancy.

      (2)
Any court orders made before the commencement date which—

(a)
relate to the occupation of the dwelling-house, and

(b)
were made in contemplation of, in consequence of or otherwise in

connection with the possession order,


are to be treated, so far as practicable, as if they apply to the new tenancy.

Continuity of tenancies

21  (1)
The new tenancy and the original tenancy are to be treated for the relevant

purposes as—

(a)
the same tenancy, and

(b)
a tenancy which continued uninterrupted throughout the termination

period.

      (2)
The relevant purposes are—

(a)
determining whether the ex-tenant is a successor in relation to the new

tenancy,

(b)
calculating on or after the commencement date the period qualifying,

or the aggregate of such periods, under Schedule 4 to the Housing Act

1985 (c. 68) (qualifying period for right to buy and discount),

(c)
determining on or after the commencement date whether the condition

set out in paragraph (b) of Ground 8 of Schedule 2 to that Act is met,

and

(d)
any other purposes specified by the appropriate national authority by

order.

      (3)
In proceedings on a relevant claim the court concerned may order that the new

tenancy and the original tenancy are to be treated for the purposes of the claim

as—

(a)
the same tenancy, and

(b)
a tenancy which continued uninterrupted throughout the termination

period.

      (4)
The following are relevant claims—

(a)
a claim by the ex-tenant or the ex-landlord against the other for breach

of a term or condition of the original tenancy—

(i)
in respect of which proceedings are brought on or after the

commencement date, or

(ii)
in respect of which proceedings were brought, but were not

finally determined, before that date,

(b)
a claim by the ex-tenant against the ex-landlord for breach of statutory

duty in respect of which proceedings are or were brought as mentioned

in paragraph (a)(i) or (ii), and

(c)
any other claim of a description specified by the appropriate national

authority by order.

      (5)
For the purposes of sub-paragraph (4)(a) proceedings must be treated as finally

determined if—

Report Stage Proceedings: 31st March 2008
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Housing and Regeneration Bill, continued

(a)
they are withdrawn,

(b)
any appeal is abandoned, or

(c)
the time for appealing has expired without an appeal being brought.

Compliance with consultation requirements

22  (1)
The fact that—

(a)
the views of the ex-tenant during the termination period were not

sought or taken into account when they should have been sought or

taken into account, or

(b)
the views of the ex-tenant during that period were sought or taken into

account when they should not have been sought or taken into account,


is not to be taken to mean that the consultation requirements were not complied

with.

      (2)
The consultation requirements are—

(a)
the requirements under—

(i)
section 105(1) of the Housing Act 1985 (c. 68),

(ii)
paragraphs 3 and 4 of Schedule 3A to that Act,

(iii)
regulations made under section 27AB of that Act which relate

to arranging for ballots or polls with respect to a proposal to

enter into a management agreement, and

(iv)
section 137(2) of the Housing Act 1996 (c. 52), and

(b)
any other requirements specified by the appropriate national authority

by order.

Joint tenancies

23  (1)
In the application of this Part of this Schedule in relation to an original tenancy

which was a joint tenancy, a reference to the dwelling-house being the only or

principal home of the ex-tenant is to be treated as a reference to the dwelling-

house being the only or principal home of at least one of the ex-tenants of the

joint tenancy.

      (2)
The appropriate national authority may by order provide for this Part of this

Schedule to apply in relation to an original tenancy which was a joint tenancy

subject to such additional modifications as may be specified in the order.

Supplementary

24
In determining for the purposes of this Part of this Schedule whether a tenancy

has ended, any ending which was temporary because the tenancy was restored

in consequence of a court order is to be ignored.

25
In this Part of this Schedule—

“appropriate national authority” means—

(a)
in relation to England, the Secretary of State, and

(b)
in relation to Wales, the Welsh Ministers,

“assured shorthold tenancy” and “assured tenancy” have the same meanings

as in Part 1 of the Housing Act 1988 (c. 50) but do not include a demoted

tenancy to which section 20B of that Act applies,

“the commencement date” means the day on which section (Possession

orders relating to certain tenancies) comes into force,

“demoted tenancy” means a tenancy to which section 20B of the Act of

1988 or section 143A of the Housing Act 1996 (c. 52) applies,

“dwelling-house”—

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Housing and Regeneration Bill, continued

(a)
in relation to an assured tenancy, or a tenancy to which section

20B of the Act of 1988 applies, has the same meaning as in Part

1 of that Act,

(b)
in relation to a tenancy to which section 143A of the Act of 1996

applies, has the same meaning as in Chapter 1A of Part 5 of that

Act,

(c)
in relation to an introductory tenancy, has the meaning given by

section 139 of the Act of 1996, and

(d)
in relation to a secure tenancy, has the meaning given by section

112 of the Housing Act 1985 (c. 68),

“ex-landlord”, means the person who was the landlord under an original

tenancy,

“ex-tenant” means the person who was the tenant under an original tenancy,

“introductory tenancy” has the same meaning as in Chapter 1 of Part 5 of

the Act of 1996,

“modification” includes omission,

“new tenancy” means a tenancy which is treated as arising by virtue of

paragraph 16,

“original tenancy” has the meaning given by paragraph 15,

“possession order”, in relation to a tenancy, means a court order for the

possession of the dwelling-house,

“secure tenancy” has the same meaning as in Part 4 of the Act of 1985,

“successor”—

(a)
in relation to a new tenancy which is an assured tenancy, has the

same meaning as in section 17 of the Act of 1988,

(b)
in relation to a new tenancy which is a demoted tenancy to which

section 143A of the Act of 1996 applies, has the meaning given

by section 143J of that Act,

(c)
in relation to a new tenancy which is an introductory tenancy, has

the same meaning as in section 132 of the Act of 1996, and

(d)
in relation to a new tenancy which is a secure tenancy, has the

same meaning as in section 88 of the Act of 1985.

“termination period” has the meaning given by paragraph 16(3).’.

Secretary Hazel Blears

Added  NS3

To move the following Schedule:—

‘Service charges: provision of information and designated accounts

Landlord and Tenant Act 1985 (c. 70)

1
The Landlord and Tenant Act 1985 is amended as follows.

2
For section 21 (as substituted by section 152 of the Commonhold and

Leasehold Reform Act 2002 (c. 15)) (regular statements of account)

substitute—