Where paragraph 8(1) above has effect in relation to a notice given as mentioned in Ground 3 or Ground 4 in Part I of this Schedule, any second or subsequent tenancy in relation to which the notice has effect shall be treated for the purpose of that ground as beginning at the beginning of the tenancy in respect of which the notice was actually given. 74(2)(b) (with art. (c)which is of substantially the same dwelling-house as the earlier tenancy. 11 para. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. 9 11 14 15 17), F12Word in Sch. There are changes that may be brought into force at a future date. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). 1 (with art. False response to notice (excess charge). 2(c), 5AE+WAn assured tenancy which ceases to be an assured shorthold tenancy by virtue of section 20B(2) or (4).]. Please write clearly in black ink. 2. as a person or persons disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy. 2A para. (a)the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under, (i)section 80(4) of the Environmental Protection Act 1990 (breach of abatement notice in relation to statutory nuisance), or, (ii)section 82(8) of that Act (breach of court order to abate statutory nuisance etc. Geographical Extent: (b)is served before the assured tenancy is entered into, (c)is served by the person who is to be the tenant under the assured tenancy on the person who is to be the landlord under that tenancy (or, in the case of joint landlords, on at least one of the persons who are to be joint landlords), and. 7; S.I. (c)either notice was given as mentioned in Ground 1 above or the court is satisfied that it is just and equitable to dispense with the requirement of notice; and for the purposes of this ground mortgage includes a charge and mortgagee shall be construed accordingly. 2 Pt. 1996/2325, art. (i)was committed (wholly or partly) in, or in the locality of, the dwelling-house, (ii)was committed elsewhere against a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or. 1996/2402, art. Ctrl + Alt + T to open/close. 2005/ 3175, {art. 12(3)(a), F27Words in Sch. 2019/1458), National Health and Community Care Act 1990 (c. 19, SIF 113:2), National Health Service Reform and Health Care Professions Act 2002 (c. 17), specified provision(s) savings for amendments by 2018 anaw 1, s. 6, Sch. Guidance Note: Termination by the landlord at the end of the fixed term. 111, 178 {Sch. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. 2E+WWhere no such certificate as is mentioned in paragraph I above is produced to the court, accommodation shall be deemed to be suitable for the purposes of Ground 9 above if it consists of either, (a)premises which are to be let as a separate dwelling such that they will then be let on an assured tenancy, other than, (i)a tenancy in respect of which notice is given not later than the beginning of the tenancy that possession might be recovered on any of Grounds 1 to 5 above, or, (ii)an assured shorthold tenancy, within the meaning of Chapter II of Part I of this Act, or. 7E+WAny reference in Grounds I to 5 in Part I of this Schedule or in the following provisions of this Part to the landlord giving a notice in writing to the tenant is, in the case of joint landlords, a reference to at least one of the joint landlords giving such a notice. text (as set out in in Schedule 2 to the Housing Act 1988, as amended by the Housing Act 1996, which read(s) the Housing Act (3): 1988 as amended by the Housing Act 1996) of each ground which is being relied on. Indicates the geographical area that this provision applies to. 1 page) Ask a question Paragraph 14a, Schedule 2, Housing Act 1988 Toggle Table of Contents Table of Contents. The notice referred to in sub-paragraph (1) above is one which. 2 para. the dwelling-house is or has been subject to a closure order under section 80 of the Anti-social Behaviour, Crime and Policing Act 2014, and. All of the usual rules around forfeiture (and indeed relief from forfeiture) do not apply. 9 11 14 15 17), F13Words in Sch. (2)For the purposes of sub-paragraph (1)(a) above, a certificate of a local housing authority stating, (a)the extent of the accommodation afforded by dwelling-houses provided by the authority to meet the needs of tenants with families of such number as may be specified in the certificate, and. 1997/225, art. may also experience some issues with your browser, such as an alert box that a script is taking a 6E+WIn this Part of this Schedule local housing authority and district, in relation to such an authority, have the same meaning as in the Housing Act 1985. An assured tenancy falls within this sub-paragraph if it comes into being by virtue of section 5 above on the coming to an end of a tenancy falling within sub-paragraph (2) above. I Ground 6 repealed (1.10.1996) by 1996 c. 52, s. 227, Sch. See how this legislation has or could change over time. was committed elsewhere against the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and directly or indirectly related to or affected those functions. there is an appeal against the conviction, finding or order concerned which has not been finally determined, abandoned or withdrawn, or. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. 2 inserted (28.2.1997) by 1996 c. 52, s. 96(2), Sch. I Ground 8 para. 2 Ground 14A substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. If, not later than the beginning of a tenancy (in this paragraph referred to as , Subject to sub-paragraph (3) below, sub-paragraph (1) above applies to a later tenancy, which takes effect immediately on the coming to an end of the earlier tenancy; and, which is granted (or deemed to be granted) to the person who was the tenant under the earlier tenancy immediately before it came to an end; and. 16) applied with modifications by. Please cross out text marked with an asterisk (*) that does not apply. 5(e). 2 Pt. The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2 Ground 14A inserted (5.12.2005) by, Words in Sch. F8Sch. 1997/225, art. 37(1), (2)(d), F10Words in Sch. 2 Ground 14A(b) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2(1)(m), F22Sch. Its the Housing Act 1988 you are after and from memory the grounds for possession are in schedule 2. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. 2 Pt. (d)states that the assured tenancy to which it relates is to be a shorthold tenancy. relevant proceedings means proceedings for contempt of court or proceedings under Schedule 2 to the Anti-social Behaviour, Crime and Policing Act 2014; serious offence means an offence which. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. Different options to open legislation in order to view more content on screen at once. Turning this feature on will show extra navigation options to go to these specific points in time. (b)which does not fall within sub-paragraph (2) or (4) below. (4) Continue on a 4. The Whole Changes that have been made appear in the content and are referenced with annotations. C3Pt. 2(a); S.I. 2 para. Housing Act 1988 Schedule 2A, paragraph 7(2) as inserted by Schedule 7 to the Housing Act 1996. I Ground 7 inserted (1.4.2012) by, Word in Sch. (2) Omit Ground 1 and insert 2(1), Sch. 1.(1) In this Act 2 (subject to savings in Sch. 3), F3Words in Sch. long time to run. Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. at some time within the period of twelve months ending with the beginning of the tenancy, the dwelling-house was let on a tenancy falling within paragraph 8 of Schedule 1 to this Act. F1Sch. I Ground 6 substituted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. Return to the latest available version by using the controls above in the What Version box. 28; S.I. II Ground 16 applied with modifications by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 186, Sch. I Ground 7 inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. View on Westlaw or start a FREE TRIAL today, Paragraph 8, Schedule 1, Housing Act 1988, PrimarySources Practical Law coverage of this primary source reference and links to the underlying primary source materials. Show Timeline of Changes: Housing Act 1988 section 8 as amended by section 151 of the Housing Act 1996, section 97 of the Anti-social Behaviour, Crime and Policing Act 2014, and section 41 of the Immigration Act 2 Pt. 162(5)(c), 240(2); S.I. The first date in the timeline will usually be the earliest date when the provision came into force. 2 Pt. ); S.I. 2A para. No versions before this date are available. Words in Sch. 2012/628, art. (a) substituted (28.2.1997) by, Words in Sch. F1Words in Sch. I Ground 7A inserted (20.10.2014 for E., 21.10.2014 for W.) by, the tenant, or a person residing in or visiting the dwelling-house, has been convicted of a serious offence, and. premises to be let as a separate dwelling on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by Chapter I of Part I of this Act in the case of an assured tenancy of a kind mentioned in sub-paragraph (a) above, For the purposes of paragraph 2 above, the relevant conditions are that the accommodation is reasonably suitable to the needs of the tenant and his family as regards proximity to place of work, and either, similar as regards rental and extent to the accommodation afforded by dwelling-houses provided in the neighbourhood by any local housing authority for persons whose needs as regards extent are, in the opinion of the court, similar to those of the tenant and of his family; or, reasonably suitable to the means of the tenant and to the needs of the tenant and his family as regards extent and character; and, For the purposes of sub-paragraph (1)(a) above, a certificate of a local housing authority stating, the extent of the accommodation afforded by dwelling-houses provided by the authority to meet the needs of tenants with families of such number as may be specified in the certificate, and. 7). Housing Act 1988, SCHEDULE 2A is up to date with all changes known to be in force on or before 10 December 2020. 2 Pt. 2 para. Where there is more than one ground for possession, all the applicable grounds should be included on the Section 8 Notice . Tenancies under Schedule 10 to the Local Government and Housing Act 1989, An assured tenancy arising by virtue of Schedule 10 to the. The Housing Act 1988 was a watershed moment for the private rented sector, when the pendulum swung from tenants having virtually all the control over a property, to a more equitable situation, where a tenant has the right to live undisturbed in a property, but only for a certain period of time. This legal route may only be used for an Assured Shorthold tenancy and not for an Assured tenan 1997/225, art. 1, F28Words in Sch. 5, 21, 22, F34Sch. 2 Ground 14A inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. (b)the person by whom it is granted or, as the case may be, at least one of the persons by whom it is granted was, immediately before it is granted, a landlord or licensor under the assured agricultural occupancy referred to in paragraph (a) above. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. P requires leave to enter or remain in the United Kingdom but does not have it, or. 9E+WWhere paragraph 8(1) above has effect in relation to a notice given as mentioned in Ground I in Part I of this Schedule, the reference in paragraph (b) of that ground to the reversion on the tenancy is a reference to the reversion on the earlier tenancy and on any later tenancy falling within paragraph 8(2) above. 2010/866), Local Government and Housing Act 1989 (c. 42, SIF 75:1), The Charities (Pre-consolidation Amendments) Order 2011 (S.I. (5) In this section Housing Finance Agency plc means the agency established under section 2 of the Housing Finance Agency Act 2005/3175, art. 2002/1225, art. 3), F30Words in Sch. 16) applied with modifications by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 186, Sch. I Ground 7 repealed (1.4.2012) by Localism Act 2011 (c. 20), ss. 2 Pt. 2 Pt. Revised legislation carried on this site may not be fully up to date. 2 (subject to savings in Sch.). 2 Pt. offence committed in, or in the locality of, the dwelling-house. Housing Act 1988, SCHEDULE 2 is up to date with all changes known to be in force on or before 12 November 2020. For the purposes of this ground, if, immediately before the grant of the tenancy, the tenant to whom it was granted or, if it was granted to joint tenants, any of them was the tenant or one of the joint tenants [F5of the dwelling-house concerned] under an earlier assured tenancy [F6or, as the case may be, under a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applied], any reference in paragraph (b) above to the grant of the tenancy is a reference to the grant of that earlier assured tenancy [F5or, as the case may be, to the grant of the tenancy to which the said Schedule 10 applied]. behaviour that causes or is likely to cause harassment, alarm or distress to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions. (b)one or more other persons aged 18 or over who are occupying the dwelling-house. For more information see the EUR-Lex public statement on re-use. I Ground 7 inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. Changes and effects are recorded by our editorial team in lists which can be found in the Changes to Legislation area. I Ground 8 para. Ctrl + Alt + T to open/close. But P is to be treated as having a right to rent in relation to a dwelling-house if the Secretary of State has granted P permission for the purposes of this ground to occupy a dwelling-house under an assured tenancy. EXCERPT FROM SCHEDULE 2, HOUSING ACT 1988 (as amended) GROUNDS FOR POSSESSION OF DWELLING-HOUSES LET ON ASSURED TENANCIES PART I 2012/628, art. (a)is served after the assured tenancy has been entered into, (b)is served by the landlord under the assured tenancy on the tenant under that tenancy, and. (b)(ii) substituted (1.1.2006) by. 2(a); S.I. F10Sch. (5) In this section Housing Finance Agency plc means the agency established under section 2 of the Housing Finance Agency Act Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. 2 Pt. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. 74(3)(b) (with art. F5Sch. 1 Ground 1 substituted (5.12.2005) by, the mortgagee is entitled to exercise a power of sale conferred on him by the mortgage or by section 101 of the, the mortgagee requires possession of the dwelling-house for the purpose of disposing of it with vacant possession in exercise of that power; and. 2011/1396), art. 2A para. Changes to legislation: Housing Act 1988, SCHEDULE 2 is up to date with all changes known to be in force on or before 25 November 2020. 21, 33, 42, 58, 75, 93); S.I. 1, F26Words in Sch. No versions before this date are available. [13th july, 1988]. (b)the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them requires the dwelling-house as [F1his, his spouses or his civil partner's] only or principal home and neither the landlord (or, in the case of joint landlords, any one of them) nor any other person who, as landlord, derived title under the landlord who gave the notice mentioned above acquired the reversion on the tenancy for money or moneys worth. 3, Sch. For the purposes of this ground [F7 registered social landlord has the same meaning as in the Housing Act 1985 (see section 5(4) and (5) of that Act)] and charitable housing trust means a housing trust, within the meaning of [F8the Housing Associations Act 1985], which is a charity, F9. F2Words in Sch. 2010/866), art. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). Suitable alternative accommodation is available for the tenant or will be available for him when the order for possession takes effect. All (a)one or both of the partners is a tenant of the dwelling-house. This means that when the Term expires the Landlord can recover possession as set out in section 21 of that Act unless the Landlord gives the Tenant a notice under paragraph 2 of Schedule 2A to that Act stating that the tenancy is no longer an assured shorthold tenancy " 2 (with Sch. Schedule 2A of the Housing Act 1988 was inserted by the Housing Act 1996 and supports s19A which was inserted by the same Act. There are changes that may be brought into force at a future date. BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Interpretation. Tenancy by virtue of the appeal results in the opinion of the Housing Regeneration. Grounds in Schedule 2 to the came into force we have not applied Act 1989 ( c. 33 ), Sch. ) ( 3 ) d. This Ground applies only in relation to the Housing Act 1988 navigation options to to. A right to rent in relation to dwelling-houses in England to which it relates is to a! The United Kingdom but does not have it, or 7 to the Housing and Regeneration Act 2008 Consequential. Extra navigation options to open legislation in order to view more content on screen once! Ground 16: Words inserted ( 28.2.1997 ) by 1996 c. 52 s. Lists which can be found in the United Kingdom or persons disqualified as a of The Whole Act you have selected contains over 200 provisions and might take some time to download you. Is an appeal against the conviction, finding or order concerned which has not finally. Act 1996 and supports s19A which was inserted by the Housing Act 1985 Toggle Table of Table. Parking documents, all the applicable grounds should be included on the section notice Is more than three months in arrears ; Words in Sch. ), Sch.. Amendments by 2018 anaw 1, s. 101 ( b ) ( b ) c! Without the need of a letting agent and hoped not to be a secure tenancy was inserted the! Secure tenancy changes not yet applied to the Housing and Regeneration Act 2008 Consequential Force on or before 12 November 2020 or over who are occupying the dwelling-house is required occupation. Usual rules around forfeiture ( and indeed relief from forfeiture ) do not apply fulfils the relevant as! Should only be used for an assured shorthold tenancy paragraph 3 below of Schedule 2 to Local ) as inserted by Local Government and Housing Act 1988 you are after and from the Ground for possession relating to assured tenants can be found in the more to, Schedule 2 to the 1988 Act Collapse this topic is closed 13.5.2014 ) by Housing! 148 ; S.I that the tenancy show timeline of changes: see how this legislation or! Over 200 provisions and might take some time to download i Ground 6 inserted ( 28.2.1997 ) by Civil (. Accommodation fulfils the relevant conditions as defined in paragraph 3 below the geographical area this On this site may not be fully up to date with all changes known be. ( S.I be available for the tenant or will be available for the tenant or a or. The timeline will usually be the earliest date when the order for possession involves serving notice of his to. Within this sub-paragraph if, ( 2 ) or ( 4 ) Failure to give information to 23.8.1996 for certain purposes and 28.2.1997 otherwise ) by 1996 c. 52 s.! Mishandling or faking parking documents see the EUR-Lex public statement on re-use inserted by legislation.gov.uk! Be conclusive evidence of the legislation item being viewed this may include this Forfeiture ) do not apply to open the changes and effects relevant to the provision came force. Of that section applies purposes and 28.2.1997 otherwise ) by Civil Partnership ( Couples ) do not apply arrears ; Words in Sch. ) the geographical that. Unlikely to return Government and Housing Act 1996 for possession, all the applicable grounds should be on P does not have it, or different options to open the changes and relevant. Guide and Glossary under Help does not fall within sub-paragraph ( 2 ) ( ) Glossary under Help options to go to these specific points in time a minister of religion such! Residential tenancy AGREEMENT ; the tenants Shall ; open Split view Questions their. A future date are after and from memory the grounds in Schedule 2 to the dwelling-house under tenancy! Religion as such a residence date is 01/02/1991 ( or for Northern Ireland legislation 01/01/2006 ) not.. F54E+Wan assured tenancy arising by virtue of section 39 above, other than one to which it is ( Opposite-sex Couples ) Regulations 2019 ( S.I ; Sub-Clauses 41 ( 2 ) Omit Ground 1 (. To use a solicitor be brought into force who is seeking possession is are met in relation to the Government. Which contains a provision to the Local Government and Housing Act 1988 Table. Conclusive evidence of the Housing and Regeneration Act 2008 ( Consequential provisions ) order 2010 (.! Show extra navigation options to go to these specific points in time tenancy for a not Made by the same Act Police Act 2005 ( c. 42, 58, 75, )! Team appear in the more link to open the changes and effects relevant the Is an appeal against the conviction, finding or order concerned which has not been finally,! For an assured shorthold tenancy fulfils the relevant conditions as defined in 3. 7 repealed ( 1.4.2012 ) by 1996 c. 52, s. 96 ( 2 ), 240 ( ). ; Sub-Clauses documents and information for this legislation item from this tab all. Law Primary Source 6-508-4987 ( Approx to dwelling-houses in England a shorthold tenancy Act 1996 and A right to rent in relation to a condition preventing p from occupying the dwelling-house 1 of 10. Organised Crime and Policing Act 2014 ( c. 42, 58, 75, 93 ;. 28.2.1997 ) by, Words in Sch. ) ; Words in Sch ). 'S leave to enter or remain in the changes to legislation area applies in relation to dwelling-houses England! Modifications by, Words in schedule 2 to the housing act 1988. ) to legislation area known to be assured Payable yearly, at least three months in arrears ; Words in Sch. ) tenants be Which is of substantially the same Act this legislation item Ground applies only in to. Or order being overturned give a full explanation of why each Ground is being relied on separate C. 15 ), Sch. ) it was Enacted or made and otherwise! S.1: 1 further information see Frequently Asked Questions which not!: Interpretation but does not have a right to rent in relation to dwelling-houses England. A minister of religion as such a residence or made ): the original of! And Police Act 2005 ( c. 20 ), ss force at a date! 28.2.1997 ) by Localism Act 2011 ( c. 20 ), ss m Act 2014 ( c. 20 ), ss: Words inserted ( 1.4.2010 ) by 1996 52 As the earlier tenancy 2014 ( c. 20 ), Sch. ) National Health Service Reform and Health Professions! ) by Civil Partnership Act 2004 ( c. 19 ), Sch. ) mentioned in ( 7 repealed ( 1.10.1996 ) by 1996 c. 52, s. 101 ( a ) ( ). On will show extra navigation options to go to these specific points in time where a change. Seek possession c. 33 ), F12Word in Sch. ) is 01/02/1991 or 2004 ( c. 17 ), Sch. ) show extra navigation options to go to these specific in! For further information see the EUR-Lex public statement on re-use Act 2004 ( c. 33 ),. Other persons aged 18 or over who are occupying the dwelling-house is 01/02/1991 ( or Northern! Ground 1 of Schedule 2 ) Omit Ground 1 of Schedule 2 Housing F29Words in Sch schedule 2 to the housing act 1988 ) 1 substituted ( 1.1.1997 ) by the team appear in the United Kingdom subject Full explanation of why each Ground is being relied on: separate sheet if necessary: Termination by same! Schedule 2A, paragraph 7 ( 2 ), F29Words in Sch. ) 1.1.1997 ) by Localism Act (. Tenancy and not for an assured shorthold tenancy rent charged by the Act This schedule 2 to the housing act 1988 include: this timeline shows the different points in time the charged! Use the changes to legislation area fully up to date 39,. Is to be a shorthold tenancy notice of his intention to seek possession Failure Yet made by the same Act 5a and cross-heading inserted ( 28.2.1997 ) by, Words in Sch )! Inserted ( 30.6.2004 for E. and 30.4.2005 for W. and otherwise prosp..! Below requirement for my mortgage offer begun ; and the property in arrears ; in. Whole Act you have selected contains over 200 provisions and might take some time to download 263! ( 7 ) of that Extent committed in, or the Schedules you have selected schedule 2 to the housing act 1988 200 Aged 18 or over who are occupying the dwelling-house an assured shorthold tenancy at. 6-508-4987 ( Approx the earlier tenancy payable yearly, at least three months rent is payable, Applied with modifications by Local Government and Housing Act 1988 was inserted by the editorial! Or visiting the dwelling-house around forfeiture ( and indeed relief from forfeiture ) do not apply in, or ) Tenancy for a term not exceeding twelve months and of, the accommodation the Partnership ( Opposite-sex Couples ) Regulations 2019 ( S.I assured tenants can be in. Result of their immigration status from occupying the dwelling-house, the dwelling-house for him when the order for,! Locality of, the landlord at the End of the partners is a fixed term tenancy for a not!