SCHEDULES

SCHEDULE 11Possession orders relating to certain tenancies

C1C2Part 2Replacement of certain terminated tenancies

Annotations:
Modifications etc. (not altering text)

Continuity of tenancies

I1I2C121

1

The new tenancy and the original tenancy are to be treated for the relevant purposes as—

a

the same tenancy, and

b

a tenancy which continued uninterrupted throughout the termination period.

2

The relevant purposes are—

a

determining whether the ex-tenant is a successor in relation to the new tenancy,

b

calculating on or after the commencement date the period qualifying, or the aggregate of such periods, under Schedule 4 to the Housing Act 1985 (c. 68) (qualifying period for right to buy and discount),

c

determining on or after the commencement date whether the condition set out in paragraph (b) of Ground 8 of Schedule 2 to that Act is met, and

d

any other purposes specified by the appropriate national authority by order.

3

In proceedings on a relevant claim the court concerned may order that the new tenancy and the original tenancy are to be treated for the purposes of the claim as—

a

the same tenancy, and

b

a tenancy which continued uninterrupted throughout the termination period.

4

The following are relevant claims—

a

a claim by the ex-tenant or the ex-landlord against the other for breach of a term or condition of the original tenancy—

i

in respect of which proceedings are brought on or after the commencement date, or

ii

in respect of which proceedings were brought, but were not finally determined, before that date,

b

a claim by the ex-tenant against the ex-landlord for breach of statutory duty in respect of which proceedings are or were brought as mentioned in paragraph (a)(i) or (ii), and

c

any other claim of a description specified by the appropriate national authority by order.

5

For the purposes of sub-paragraph (4)(a) proceedings must be treated as finally determined if—

a

they are withdrawn,

b

any appeal is abandoned, or

c

the time for appealing has expired without an appeal being brought.