SCHEDULE 1 Tenancies Which Cannot be Assured Tenancies
Part I The Tenancies
Local authority tenancies etc.
12
(1)
A tenancy under which the interest of the landlord belongs to—
(a)
a local authority, as defined in sub-paragraph (2) below;
F1(b)
the Homes and Communities Agency but only if the tenancy falls within subsections (2A) to (2E) of section 80 of the Housing Act 1985;
(ba)
the Welsh Ministers but only if the tenancy falls within subsections (2A) to (2E) of section 80 of the Housing Act 1985;
F2(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)
an urban development corporation established by an order under section 135 of the M1Local Government, Planning and Land Act 1980;
F3(da)
a Mayoral development corporation;
F4(da)
a National Park authority;
(e)
a development corporation, within the meaning of the M2New Towns Act 1981;
(f)
an authority established under section 10 of the M3Local Government Act 1985 (waste disposal authorities);
F5(fa)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)
a residuary body, within the meaning of the Local Government Act 1985;
F6(gg)
The Residuary Body for Wales (Corff Gweddilliol Cymru);
(h)
a fully mutual housing associationF7, unless the tenancy is one which is excluded from this sub-paragraph by sub-paragraph (3) below; or
(i)
a housing action trust established under Part III of this Act.
(2)
The following are local authorities for the purposes of sub-paragraph (1)(a) above—
(a)
the council of a county, F8county borough, district or London borough;
(b)
the Common Council of the City of London;
(c)
the Council of the Isles of Scilly;
(d)
the Broads Authority;
(e)
the Inner London Education Authority; and
F9(ea)
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;
F10(ee)
the London Fire Commissioner;
(f)
a joint authority, within the meaning of the Local Government Act 1985;
F11(fa)
an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
(fb)
a combined authority established under section 103 of that Act; and
F12(g)
a police and crime commissioner.
F13(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).