PART 6ALLOWING FULLY MUTUAL HOUSING ASSOCIATIONS TO GRANT ASSURED TENANCIES
I1137Amendment of Schedule 1 to the Housing Act 1988
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).
138Amendment of Schedule 2 to the Housing Act 1988
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.