SCHEDULES

SCHEDULE 29Residential tenancies in England and Wales: protection from eviction

Secure tenancies

F8F13

Section 83 of the Housing Act 1985 (proceedings for possession etc. of a dwelling-house let under a secure tenancy: general notice requirements) is to be read, in relation to notices served under that section during the relevant period, as if—

a

subsection (3) were omitted,

b

in subsection (4) for the words from the beginning to “specified in the notice,” there were substituted “If the proceedings are for an order for the possession of a dwelling-house F2(and F6... Ground 2 in Schedule 2 is not specified in the notice),”,

c

after subsection (4A) there were inserted—

4B

The date specified in accordance with subsection (4)—

a

must not be earlier than F3—

i

in relation to a dwelling-house in England, the relevant notice period after the date of service of the notice, and

ii

in relation to a dwelling-house in WalesF7—

aa

four weeks after the date of service of the notice where Ground 2A in Schedule 2 is specified without any other ground, and

ab

where sub-paragraph (aa) does not apply, six months after the date of service of the notice, and

b

in a case where the tenancy is a periodic tenancy, must also not be earlier than the date on which the tenancy could, apart from this Part, be brought to an end by notice to quit given by the landlord on the same date as the notice under this section.

F44C

In subsection (4B) “relevant notice period” means—

a

where any one or more of the following grounds is specified in the notice—

i

Ground 1 in Schedule 2 and at the time the notice is served at least six months’ rent is unpaid, or

ii

Grounds 2ZA, 2A or 5 in Schedule 2,

and no other ground is specified, four weeks, and

b

where paragraph (a) does not apply, six months.

d

in subsection (5) for “subsection (3), (4) or (4A)” there were substituted “subsection (4A)”, and

e

in subsection (6) for “subsections (3) to (5)” there were substituted “subsections (4B)(b) and (5)”.

F9F54

Section 83ZA of the Housing Act 1985 (notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour) is to be read, in relation to notices served under that section during the relevant period, as if—

a

for subsection (10) there were substituted—

10

The date specified in accordance with subsection (9)(a)—

a

must not be earlier than three months after the date of the service of the notice, and

b

in a case where the tenancy is a periodic tenancy, must also not be earlier than the date on which the tenancy could, apart from this Part, be brought to an end by notice to quit given by the landlord on the same day as the notice under this section.

b

in subsection (11) for “subsection (10)(a)” there were substituted “ subsection (10)(b) ”.