Housing (Wales) Act 2014

PART 6 E+W ALLOWING FULLY MUTUAL HOUSING ASSOCIATIONS TO GRANT ASSURED TENANCIES

137 Amendment of Schedule 1 to the Housing Act 1988 E+W

(1) Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies) is amended as follows.

(2) In paragraph 12(1)(h), after “association” insert “ , unless the tenancy is one which is excluded from this sub-paragraph by sub-paragraph (3) below ”.

(3) After paragraph 12(2) insert—

“(3) A tenancy is excluded from sub-paragraph (1) if all of the following requirements are met—

(a) the interest of the landlord belongs to a fully mutual housing association;

(b) the dwelling-house is in Wales;

(c) the tenancy is granted on or after the date on which this sub-paragraph comes into force;

(d) the tenancy is in writing;

(e) before the tenancy is granted, the landlord has served on the person who is to be the tenant a notice stating that the tenancy is to be excluded from sub-paragraph (1);

(f) the tenancy states that it is excluded from sub-paragraph (1).”

Commencement Information

I1 S. 137 in force at 1.12.2014 by S.I. 2014/3127, art. 2(a), Sch. Pt. 1

Prospective

138 Amendment of Schedule 2 to the Housing Act 1988 E+W

In Part 1 of Schedule 2 to the Housing Act 1988 (grounds on which a court must order possession of dwelling-houses let on assured tenancies), after Ground 2 insert—

“Ground 2A

The dwelling-house is subject to a mortgage granted, at any time, by a fully mutual housing association and—

(a) the dwelling-house is in Wales;

(b) the tenancy was granted by a fully mutual housing association;

(c) the mortgagee is entitled to exercise a power of sale conferred on the mortgagee by the mortgage or by section 101 of the Law of Property Act 1925;

(d) the mortgagee requires possession of the dwelling-house for the purpose of disposing of it with vacant possession in exercise of that power;

(e) 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;

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