Paragraph 16 Claim form for section 8 possession proceedings already requestedI1

England, Wales and Scotland

(1)

This paragraph applies where—

(a)

before the commencement date—

(i)

a valid notice under section 8 of the 1988 Act has been given, and

(ii)

the claimant in possession proceedings has requested the court to issue the claim form for those proceedings, and

(b)

immediately before the commencement date, possession proceedings have not begun or have not been concluded.

(2)

The notice under section 8 remains valid until possession proceedings are concluded.

(3)

The amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice under section 8 ceases to be valid by virtue of sub-paragraph (2) (and accordingly the tenancy remains an assured shorthold tenancy until then).

(4)

In relation to a tenancy to which sub-paragraph (3) applies, section 146 (3) (except in its application to this paragraph) has effect as if the following were substituted for the definition of “commencement date”—

““commencement date” means the date on which, by virtue of paragraph 16 of Schedule 6, the amendments made by Chapter 1 of Part 1 apply in relation to a tenancy;”.

(5)

In this paragraph “possession proceedings” means proceedings for an order for possession under section 8 of the 1988 Act in reliance on a valid notice given under that section.

Annotations

Commencement

I1: Sch. 6 para. 16 in force at Royal Assent, see s. 145(6)