Captured statutory text (L5)
3 Changes to grounds for possession
(1)Schedule 1 contains amendments of Schedule 2 to the 1988 Act (grounds for possession of dwelling-houses let on assured tenancies).
(2)In section 7 of the 1988 Act (orders for possession)—
(a)in subsection (3), for “subsections (5A) and (6)” substitute “the following provisions of this section”;
(b)in subsection (4) omit “, subject to subsections (5A) and (6) below,”;
(c)in subsection (5) omit the words from “and Part IV” to the end”;
(d)after subsection (5) insert—
(5ZA)The court may not make an order for possession of a dwelling-house on any of Grounds 1 to 5H or Ground 6A where—
(a)a smallholding was previously let to the tenant under a tenancy to which the Agricultural Holdings Act 1986 applies (“the agricultural tenancy”),
(b)the agricultural tenancy came to an end as a result of the operation of a notice to quit given in case A in Part 1 of Schedule 3 to that Act (“case A”),
(c)the assured tenancy was granted immediately after the agricultural tenancy came to an end, and
(d)the dwelling-house is let under the assured tenancy—
(i)by the person who was the landlord under the agricultural tenancy (“the former agricultural landlord”), or
(ii)by another person pursuant to a contract or other agreement entered into with the former agricultural landlord under which—
(A)the dwelling-house is to be let as suitable alternative accommodation for the purposes of paragraph (b) of case A, and
(B)this subsection is to apply.
(5ZB)The court may not make an order for possession of a dwelling-house let on an assured tenancy on any of Grounds 1 to 5H or Ground 6A where, on the basis of the proposed let of the dwelling-house on that tenancy, the dwelling-house was deemed to be suitable alternative accommodation under paragraph 1(c) of Part 4 of Schedule 2 to the Housing Act 1985 for the purposes of section 84(2)(b) and (c) of that Act.
;
(e)in subsection (5A)—
(i)in paragraph (a), for “, 2, 5” substitute “to 5H, 6A, 6B”
(ii)omit paragraph (b) (but not the “and” at the end).
(f)after subsection (5A) insert—
(5B)The court may not make an order for possession of a dwelling-house let on an assured tenancy granted in accordance with section 554(3)(c) (before its repeal) or (ca) of the Housing Act 1985 on any of Grounds 1 to 5H or Ground 6A.
(5C)In relation to the making of an order for possession of a dwelling-house let on an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989, Ground 6 is to apply as if—
(a)in paragraph (b), the words “, but only in a case where section 7(5ZA) applies in relation to the tenancy” were omitted;
(b)in the general redevelopment conditions, paragraph (f) was omitted;
(c)in the landlord’s acquisition condition, in paragraph (a), the reference to the grant of the tenancy is a reference to the grant of the long residential tenancy which existed immediately before the assured periodic tenancy arose.
(5D)If the only grounds for possession which the court is satisfied are established are either or both of Grounds 7A and 14 in Schedule 2, the court may not make an order for possession to take effect within—
(a)the period of 14 days beginning with the date of service of the notice under section 8; or
(b)where the court has exercised the power conferred by section 8(1)(b), the period of 14 days beginning—
(i)if a purported notice of possession (within the meaning given by section 16M) was served on the tenant and the court considers it just and equitable, with the date on which the notice was served;
(ii)otherwise, with the date on which the proceedings for possession began.
(5E)In subsection (5C), a reference to a “long residential tenancy” is a reference to a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applies.
(g)omit subsections (6), (6A), (6B) and (7).
(3)In section 8 of the 1988 Act (notice of proceedings for possession)—
(a)in subsection (1)(a) for “(4B)” substitute “(4AA)”;
(b)in subsection (3)(b) for “(3A) to (4B)” substitute “(4) to (4AA)”;
(c)omit subsection (3A);
(d)in subsection (4)—
(i)for “Ground 14” substitute “either or both of Grounds 7A and 14”;
(ii)after “whether” insert “with or”;
(iii)omit “or with any ground other than Ground 7A”;
(e)for subsections (4A) and (4B) substitute—
(4AA)If a notice under this section does not specify Ground 7A or 14 in Schedule 2, the date specified in the notice as mentioned in subsection (3)(b) must not be before the end of the longest period shown in the following table for any ground specified in the notice.
| Ground specified in notice | Period |
| --- | --- |
| 1, 1A, 1B, 2, 2ZA, 2ZB, 2ZC, 2ZD, 4A, 6, 6A, 6B | four months beginning with the date of service of the notice |
| 5, 5A, 5B, 5C, 5D, 5H, 7, 9 | two months beginning with the date of service of the notice |
| 5E, 5F, 5G, 8, 10, 11, 18 | four weeks beginning with the date of service of the notice |
| 4, 7B, 12, 13, 14ZA, 14A, 15, 17 | two weeks beginning with the date of service of the notice |
;
(f)after subsection (5) insert—
(5A)A notice given by an intermediate landlord under Ground 2ZA is to be treated, when the superior tenancy ends, as a notice given by the person who became the landlord by virtue of section 18 under Ground 2ZC.
(5B)A notice given by an intermediate landlord under Ground 2ZB is to be treated, when the superior tenancy ends, as a notice given by the person who became the landlord by virtue of section 18 under Ground 2ZD.
;
(g)omit subsection (6).
(4)After section 8 of the 1988 Act insert—
Disapplication of conditions where notice dispensed with(8ZA)
(1)This section applies where the court exercises the power conferred by section 8(1)(b) in proceedings relating to Ground 4A, 5G or 6 in Schedule 2.
(2)The court may, if it considers it just and equitable to do so—
(a)where the proceedings relate to Ground 4A, disapply paragraph (d) of the ground;
(b)where the proceedings relate to Ground 5G, disapply paragraph (b) of the ground;
(c)where the proceedings relate to Ground 6, disapply paragraph (aa)(ii)(B) of the ground.
(3)References in this section to grounds in Schedule 2 are to those grounds read in accordance with paragraph 12(2) of that Schedule.
(5)After section 11 of the 1988 Act insert—
Possession on ground 6B: compensation of tenant(11A)
(1)This section applies where a court makes an order for possession of a dwelling-house let on an assured tenancy on Ground 6B in Schedule 2 to this Act (whether or not the order is also made on any other ground).
(2)The court may order the landlord to pay to the tenant such sum as appears sufficient as compensation for damage or loss sustained by that tenant as a result of the order for possession.
(3)In deciding whether to make an order under this section, and what compensation to order, the court must (in particular) take into account the circumstances which led to Ground 6B being available as a ground for making an order for possession (including any conduct by the tenant which caused or contributed to Ground 6B being available).
Full captured verbatim text
(1) Schedule 1 contains amendments of Schedule 2 to the 1988 Act (grounds for possession of dwelling-houses let on assured tenancies). (2) In section 7 of the 1988 Act (orders for possession)— (a) in subsection (3), for “subsections (5A) and (6)” substitute “the following provisions of this section”; (b) in subsection (4) omit “, subject to subsections (5A) and (6) below,”; (c) in subsection (5) omit the words from “and Part IV” to the end”; (d) after subsection (5) insert— (5ZA) The court may not make an order for possession of a dwelling-house on any of Grounds 1 to 5H or Ground 6A where— (a) a smallholding was previously let to the tenant under a tenancy to which the Agricultural Holdings Act 1986 applies (“the agricultural tenancy”), (b) the agricultural tenancy came to an end as a result of the operation of a notice to quit given in case A in Part 1 of Schedule 3 to that Act (“case A”), (c) the assured tenancy was granted immediately after the agricultural tenancy came to an end, and (d) the dwelling-house is let under the assured tenancy— (i) by the person who was the landlord under the agricultural tenancy (“the former agricultural landlord”), or (ii) by another person pursuant to a contract or other agreement entered into with the former agricultural landlord under which— (A) the dwelling-house is to be let as suitable alternative accommodation for the purposes of paragraph (b) of case A, and (B) this subsection is to apply. (5ZB) The court may not make an order for possession of a dwelling-house let on an assured tenancy on any of Grounds 1 to 5H or Ground 6A where, on the basis of the proposed let of the dwelling-house on that tenancy, the dwelling-house was deemed to be suitable alternative accommodation under paragraph 1(c) of Part 4 of Schedule 2 to the Housing Act 1985 for the purposes of section 84(2)(b) and (c) of that Act. ; (e) in subsection (5A)— (i) in paragraph (a), for “, 2, 5” substitute “to 5H, 6A, 6B” (ii) omit paragraph (b) (but not the “and” at the end). (f) after subsection (5A) insert— (5B) The court may not make an order for possession of a dwelling-house let on an assured tenancy granted in accordance with section 554(3)(c) (before its repeal) or (ca) of the Housing Act 1985 on any of Grounds 1 to 5H or Ground 6A. (5C) In relation to the making of an order for possession of a dwelling-house let on an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989, Ground 6 is to apply as if— (a) in paragraph (b), the words “, but only in a case where section 7(5ZA) applies in relation to the tenancy” were omitted; (b) in the general redevelopment conditions, paragraph (f) was omitted; (c) in the landlord’s acquisition condition, in paragraph (a), the reference to the grant of the tenancy is a reference to the grant of the long residential tenancy which existed immediately before the assured periodic tenancy arose. (5D) If the only grounds for possession which the court is satisfied are established are either or both of Grounds 7A and 14 in Schedule 2, the court may not make an order for possession to take effect within— (a) the period of 14 days beginning with the date of service of the notice under section 8; or (b) where the court has exercised the power conferred by section 8(1)(b), the period of 14 days beginning— (i) if a purported notice of possession (within the meaning given by section 16M) was served on the tenant and the court considers it just and equitable, with the date on which the notice was served; (ii) otherwise, with the date on which the proceedings for possession began. (5E) In subsection (5C), a reference to a “long residential tenancy” is a reference to a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applies. (g) omit subsections (6), (6A), (6B) and (7). (3) In section 8 of the 1988 Act (notice of proceedings for possession)— (a) in subsection (1)(a) for “(4B)” substitute “(4AA)”; (b) in subsection (3)(b) for “(3A) to (4B)” substitute “(4) to (4AA)”; (c) omit subsection (3A); (d) in subsection (4)— (i) for “Ground 14” substitute “either or both of Grounds 7A and 14”; (ii) after “whether” insert “with or”; (iii) omit “or with any ground other than Ground 7A”; (e) for subsections (4A) and (4B) substitute— (4AA) If a notice under this section does not specify Ground 7A or 14 in Schedule 2, the date specified in the notice as mentioned in subsection (3)(b) must not be before the end of the longest period shown in the following table for any ground specified in the notice. | Ground specified in notice | Period | | --- | --- | | 1, 1A, 1B, 2, 2ZA, 2ZB, 2ZC, 2ZD, 4A, 6, 6A, 6B | four months beginning with the date of service of the notice | | 5, 5A, 5B, 5C, 5D, 5H, 7, 9 | two months beginning with the date of service of the notice | | 5E, 5F, 5G, 8, 10, 11, 18 | four weeks beginning with the date of service of the notice | | 4, 7B, 12, 13, 14ZA, 14A, 15, 17 | two weeks beginning with the date of service of the notice | ; (f) after subsection (5) insert— (5A) A notice given by an intermediate landlord under Ground 2ZA is to be treated, when the superior tenancy ends, as a notice given by the person who became the landlord by virtue of section 18 under Ground 2ZC. (5B) A notice given by an intermediate landlord under Ground 2ZB is to be treated, when the superior tenancy ends, as a notice given by the person who became the landlord by virtue of section 18 under Ground 2ZD. ; (g) omit subsection (6). (4) After section 8 of the 1988 Act insert— Disapplication of conditions where notice dispensed with(8ZA) (1) This section applies where the court exercises the power conferred by section 8(1)(b) in proceedings relating to Ground 4A, 5G or 6 in Schedule 2. (2) The court may, if it considers it just and equitable to do so— (a) where the proceedings relate to Ground 4A, disapply paragraph (d) of the ground; (b) where the proceedings relate to Ground 5G, disapply paragraph (b) of the ground; (c) where the proceedings relate to Ground 6, disapply paragraph (aa)(ii)(B) of the ground. (3) References in this section to grounds in Schedule 2 are to those grounds read in accordance with paragraph 12(2) of that Schedule. (5) After section 11 of the 1988 Act insert— Possession on ground 6B: compensation of tenant(11A) (1) This section applies where a court makes an order for possession of a dwelling-house let on an assured tenancy on Ground 6B in Schedule 2 to this Act (whether or not the order is also made on any other ground). (2) The court may order the landlord to pay to the tenant such sum as appears sufficient as compensation for damage or loss sustained by that tenant as a result of the order for possession. (3) In deciding whether to make an order under this section, and what compensation to order, the court must (in particular) take into account the circumstances which led to Ground 6B being available as a ground for making an order for possession (including any conduct by the tenant which caused or contributed to Ground 6B being available).