PART 6ALLOWING FULLY MUTUAL HOUSING ASSOCIATIONS TO GRANT ASSURED TENANCIES
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.”