Assured tenanciesE+W
3.—(1) Despite the amendments made by the 2022 Consequential Regulations, the following provisions of the 1988 Act continue to have effect, as they did immediately before the appointed day, in relation to the specified matters—
(a)section 7() (orders for possession), in relation to a notice served on the tenant in accordance with section 8() of the 1988 Act before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day and to which section 8(1)(b) of the 1988 Act applies;
(b)section 8(1)() (notice of proceedings for possession), in relation to a notice served on the tenant in accordance with that section before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day (but see paragraph (2) of this regulation);
(c)section 8(2), in relation to a notice served on the tenant in accordance with that section before the appointed day;
(d)section 8(5)(), in relation to proceedings commenced before the appointed day where the court has not yet exercised its power conferred by section 8(1)(b) of the 1988 Act;
(e)section 8A(1)() (additional notice requirements: ground of domestic violence), in relation to a notice served on the tenant in accordance with section 8 of the 1988 Act before the appointed day;
(f)section 8A(2) and (3), in relation to a notice served on the tenant in accordance with section 8 of the 1988 Act before the appointed day (whether Ground 14A is added before or after that day);
(g)section 9() (extended discretion of court in possession claims), in relation to a notice served on the tenant in accordance with section 8 of the 1988 Act before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day and to which section 8(1)(b) of the 1988 Act applies;
(h)section 9A() (proceedings for possession on non-absolute grounds: anti-social behaviour), in relation to a notice served on the tenant in accordance with section 8 of the 1988 Act before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day and to which section 8(1)(b) of the 1988 Act applies;
(i)section 10(2) (special provisions applicable to shared accommodation), in relation to a notice served on the tenant in accordance with section 8 of the 1988 Act before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day and to which section 8(1)(b) of the 1988 Act applies;
(j)sections 11 (payment of removal expenses in certain cases) and 12 (compensation for misrepresentation or concealment), in relation to an order for possession made before or after the appointed day (by virtue of savings made in this regulation);
(k)section 21(1)() (recovery of possession on expiry or termination of assured shorthold tenancy), in relation to a notice served on the tenant in accordance with that subsection before the appointed day (but see paragraph (5));
(l)section 21(4)(), in relation to a notice served on the tenant in accordance with that subsection before the appointed day (but see paragraph (5));
(m)section 21(5)() and (5A)(), in relation to an order for possession made by the court under subsection (1) or (4) of that section after the appointed day (by virtue of savings made in this regulation);
(n)Schedule 2() (grounds for possession of dwelling-houses let on assured tenancies), in relation to a notice served on the tenant in accordance with section 8 of the 1988 Act before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day and to which section 8(1)(b) of the 1988 Act applies.
(2) Despite the amendments made by the 2022 Consequential Regulations—
(a)sections 8(3)(c) of the 1988 Act continues to have effect after the appointed day, but as if for “twelve months from the date of service of the notice” there were substituted “twelve months from the date of service of the notice, or six months after the appointed day, whichever comes first”, and
(b)a reference to the time limits stated in the notice in section 8(1)(a) (as saved by paragraph (1)(b) of this regulation) is to be read accordingly.
(3) Paragraph (2) of this regulation takes precedence over any contrary provision in any notice served on the tenant in accordance with section 8 of the 1988 Act before the appointed day.
(4) Section 206(1) of the 2016 Act (effect of order for possession) applies in relation to an order for possession made by the court under section 7 or 21 of the 1988 Act after the appointed day (by virtue of savings made in this regulation), as it applies in relation to an order for possession made under the 2016 Act.
(5) A notice served on the tenant in accordance with section 21(1) or (4) of the 1988 Act before the appointed day, ceases to have effect (and no new possession proceedings may be commenced in reliance of the notice)—
(a)at the end of the period of two months beginning with the appointed day, or
(b)on expiry of the period of two months beginning with the day specified in the notice as the day on which possession is required in accordance with section 21(1)(b) or (4)(a) of the 1988 Act,
whichever is the later.
(6) Despite the amendments made by the 2022 Consequential Regulations, section 5(1A)() of the 1988 Act continues to have effect in relation to a possession order made by the court under section 7 or 21 of the 1988 Act before the appointed day.
(7) Any savings in this regulation which relate to a notice served on the tenant in accordance with section 8 or 21 of the 1988 Act before the appointed day, have effect whether proceedings were commenced before or after that day.
(8) Any savings in this regulation which relate to proceedings commenced before the appointed day and to which section 8(1)(b) of the 1988 Act applies, have effect whether the court dispensed with the requirement to serve a notice before or after the appointed day.