The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 1 and Transitory Provisions) (Wales) Order 2014

Transitory provisions: recovery of possession of dwelling houses

3.—(1) This article makes transitory modifications to the Housing Act 1985(1) and 1988(2) as they apply in Wales, with effect from the 13 May 2014.

(2) Until sections 94 to 97 of the 2014 Act (absolute grounds for possession) come into force in Wales, the Housing Act 1985 is to be read as if—

(a) in section 138 (duty of landlord to convey freehold or grant lease)(3)—

(i) in subsection (2A)(a) the words “or section 84A possession order” were omitted;

(ii) in subsection (2B)(a) the words “or an operative section 84A possession order” were omitted; and

(iii) in subsection (2C) the definitions of “operative section 84A possession order” and “section 84A possession order” were omitted;

(b) in Schedule 1 (tenancies which are not secure tenancies)(4), in paragraph 4ZA(12) (family intervention tenancies) for the definition of “relevant possession order” there were substituted—

““relevant possession order” means a possession order under section 84 that is made on ground 2, 2ZA or 2A of Part 1 of Schedule 2;”.

(3) Until sections 94 to 97 of the 2014 Act (absolute grounds for possession) come into force in Wales, in Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies)(5), paragraph 12ZA(3)(a)(i) (family intervention tenancies) is to be read as if the words “ground 7A of Part 1 of Schedule 2 or” were omitted.

(1)

1985 c.68.

(2)

1988 c.50.

(3)

Subsections (2A) to (2C) were inserted by section 193(1) of the Housing Act 2004 (c. 34) and are prospectively amended by section 100(1) of the 2014 Act.

(4)

Paragraph 4ZA was inserted by section 297(1) of the Housing and Regeneration Act 2008 (c. 17) and is prospectively amended by section 181 of, and paragraph 12 of Schedule 11 to, the 2014 Act.

(5)

Paragraph 12ZA was inserted by section 297(2) of the Housing and Regeneration Act 2008 and is prospectively amended by section 181 of, and paragraph 20 of Schedule 11 to, the 2014 Act.