Section 100 Restrictions where new possession proceedings in progress etc

I1 I2(1)

In section 138 of the Housing Act 1985 (right to buy: suspension of duty of landlord to convey freehold or grant lease)—

(a)

in subsection (2A)(a), for “or Ground 2 possession order” there is substituted “ , Ground 2 or 2ZA possession order or section 84A possession order ”;

(b)

in subsection (2B)(a), for “or an operative Ground 2 possession order” there is substituted “ , an operative Ground 2 or 2ZA possession order or an operative section 84A possession order ”;

(c)

in subsection (2C), for the definition of “Ground 2 possession order” there is substituted—

““Ground 2 or 2ZA possession order” means an order for possession under Ground 2 or Ground 2ZA in Schedule 2;”;

(d)

for the definition of “operative Ground 2 possession order” there is substituted—

“ “operative Ground 2 or 2ZA possession order” means an order made under Ground 2 or Ground 2ZA in Schedule 2 which requires possession of the dwelling-house to be given up on a date specified in the order;”;

(e)

after that definition there is inserted—

““operative section 84A possession order” means an order under section 84A which requires possession of the dwelling-house to be given up on a date specified in the order;
“section 84A possession order” means an order for possession under section 84A;”.

I3 I4(2)

In Schedule 3 to that Act (grounds for withholding consent to assignment of secure tenancy by way of exchange), after Ground 2 there is inserted—

“Ground 2ZA
Proceedings have been begun for possession of the dwelling-house, of which the tenant or the proposed assignee is the secure tenant, under section 84A (absolute ground for possession for anti-social behaviour), or there has been served on the tenant or the proposed assignee a notice under section 83ZA (notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour) which is still in force.”

(3)

In Schedule 14 to the Localism Act 2011 (grounds on which landlord may refuse to surrender and grant tenancies in pursuance of a request under section 158 of that Act)—

(a)

after Ground 4 there is inserted—

“Ground 4A
4A
(1)
This ground is that either of the following conditions is met.
(2)
The first condition is that—
(a)
proceedings have begun for possession of a dwelling-house let on an existing tenancy which is a secure tenancy, and
(b)
possession is sought under section 84A of the Housing Act 1985 (absolute ground for possession for anti-social behaviour).
(3)
The second condition is that—
(a)
a notice has been served on a relevant tenant under section 83ZA of that Act (notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour), and
(b)
the notice is still in force.”;

(b)

after Ground 5 there is inserted—

“Ground 5A
5A
(1)
This ground is that either of the following conditions is met.
(2)
The first condition is that—
(a)
proceedings have begun for possession of a dwelling-house let on an existing tenancy which is an assured tenancy, and
(b)
possession is sought on ground 7A in Part 1 of Schedule 2 to the Housing Act 1988 (absolute ground for possession for anti-social behaviour).
(3)
The second condition is that—
(a)
a notice has been served on a relevant tenant under section 8 of that Act (notice of proceedings for possession), and
(b)
the notice specifies ground 7A and is still in force.”

Annotations

Commencement

I1: S. 100(1) in force at 13.5.2014 for W. by S.I. 2014/1241, art. 2(b) (with art. 3(1)(2))
I2: S. 100(1) in force at 13.5.2014 for E. by S.I. 2014/949, art. 2(b) (with art. 11(1)(2))
I3: S. 100(2)(3) in force at 20.10.2014 for E. by S.I. 2014/2590, art. 2(e)
I4: S. 100(2)(3) in force at 21.10.2014 for W. by S.I. 2014/2830, art. 2(e)