SCHEDULES

SCHEDULE 11Possession orders relating to certain tenancies

Part 1Amendments to the Housing Acts of 1985, 1988 and 1996

Housing Act 1988 (c. 50)

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1

Section 5 (security of tenure) is amended as follows.

2

For subsection (1) substitute—

1

An assured tenancy cannot be brought to an end by the landlord except by—

a

obtaining—

i

an order of the court for possession of the dwelling-house under section 7 or 21, and

ii

the execution of the order,

b

obtaining an order of the court under section 6A (demotion order), or

c

in the case of a fixed term tenancy which contains power for the landlord to determine the tenancy in certain circumstances, by the exercise of that power,

and, accordingly, the service by the landlord of a notice to quit is of no effect in relation to a periodic assured tenancy.

1A

Where an order of the court for possession of the dwelling-house is obtained, the tenancy ends when the order is executed.

3

In subsection (2)(a) after “court” insert “ of the kind mentioned in subsection (1)(a) or (b) or any other order of the court ”.