SCHEDULES

SCHEDULE 11 E+W Possession orders relating to certain tenancies

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

Housing Act 1988 (c. 50) E+W

6 (1) Section 5 (security of tenure) is amended as follows. E+W

(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 ”.

Commencement Information

I1 Sch. 11 para. 6 in force at 20.5.2009 by S.I. 2009/1261, arts. 2, 3