Housing and Planning Act 1986

13 Other amendments relating to assured tenancies

(1) In section 19(5) of the [1977 c. 42.] Rent Act 1977 (contracts which are not restricted contracts), after paragraph (e) insert— “, or

(f) it creates an assured tenancy within the meaning of section 56 of the Housing Act 1980 ;”.

(2) In Schedule 15 to the Rent Act 1977 (grounds for possession), in Part IV (definition of suitable alternative accommodation), renumber paragraph 4 as sub-paragraph (1) of that paragraph and after it insert—

“(2) For the purposes of sub-paragraph (1)(b) the terms of a tenancy shall not be treated as affording the required security by reason only of the fact that the tenancy is an assured tenancy within the meaning of section 56 of the Housing Act 1980.”.

(3) In Schedule 4 to the [1976 c. 80.] Rent (Agriculture) Act 1976 (grounds for possession), in Case I (alternative accommodation not provided or arranged by housing authority), renumber paragraph 2 as sub-paragraph (1) of that paragraph and after it insert—

“(2) For the purposes of sub-paragraph (1)(b) the terms of a tenancy shall not be treated as affording the required security by reason only of the fact that the tenancy is an assured tenancy within the meaning of section 56 of the Housing Act 1980.”.

(4) In section 37 of the [1954 c. 56.] Landlord and Tenant Act 1954 (compensation where an order for new tenancy precluded on certain grounds), in subsection (2) (computation of compensation) as set out in paragraph 7 of Schedule 5 to the Housing Act 1980 (application of 1954 Act to assured tenancies), after " be " insert " the product of the appropriate multiplier and ".

The above amendment applies notwithstanding that the application to the court under section 24 of the Landlord and Tenant Act 1954 was made before the commencement of this section, unless the application has been finally disposed of within the meaning of section 64(2) of that Act before commencement. "

(5) In section 58 of the [1980 c. 51.] Housing Act 1980 (application of Landlord and Tenant Act 1954 to assured tenancies), at the end add—

“(3) In sections 56 to 58 of this Act ' tenancy' has the same meaning as in the Landlord and Tenant Act 1954 and references to the granting of a tenancy shall be construed accordingly.”.

(7) In Schedule 5 to the Housing Act 1980 (application of Landlord and Tenant Act 1954 to assured tenancies), for paragraph 8 (modification of provisions relating to contracting out) substitute—

“8 Section 38 applies as if the following provisions were omitted—

(a) in subsection (1), the words " (except as provided by subsection (4) of this section) " ;

(b) in subsection (2), the words from the beginning to the end of paragraph (b);

(c) subsections (3) and (4).”

The above amendment, so far as it relates to section 38(4) of the [1954 c. 56.] Landlord and Tenant Act 1954, does not apply to an agreement both approved by the court under that provision and entered into before the commencement of this section.