ukpga/1988/50 — Housing Act 1988

Housing Act 1988 1988 c. 50 An Act to make further provision with respect to dwelling-houses let on tenancies or occupied under licences; to amend the Rent Act 1977 and the Rent (Agriculture) Act 1976; to establish a body, Housing for Wales, having functions relating to housing associations; to amend the Housing Associations Act 1985 and to repeal and re-enact with amendments certain provisions of Part II of that Act; to make provision for the establishment of housing action trusts for areas designated by the Secretary of State; to confer on persons approved for the purpose the right to acquire from public sector landlords certain dwelling-houses occupied by secure tenants; to make further provision about rent officers, the administration of housing benefit and rent allowance subsidy, the right to buy, repair notices and certain disposals of land and the application of capital money arising thereon; to make provision consequential upon the Housing (Scotland) Act 1988; and for connected purposes. [15th November 1988] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Part I Rented Accommodation Chapter I Assured Tenancies Meaning of assured tenancy etc. Assured tenancies. 1 1 A tenancy under which a dwelling-house in England is let as a separate dwelling is for the purposes of this Act an assured tenancy if and so long as— a the tenant or, as the case may be, each of the joint tenants is an individual; and b the tenant or, as the case may be, at least one of the joint tenants occupies the dwelling-house as his only or principal home; and c the tenancy is not one which, by virtue of subsection (2) or subsection (6) below, cannot be an assured tenancy. 1A Subsection (1) has effect subject to section 15A (loss of assured tenancy status). 2 Subject to subsection (3) below, if and so long as a tenancy falls within any paragraph in Part I of Schedule 1 to this Act, it cannot be an assured tenancy; and in that Schedule— a “ tenancy ” means a tenancy under which a dwelling-house is let as a separate dwelling; b Part II has effect for determining the rateable value of a dwelling-house for the purposes of Part I; and c Part III has effect for supplementing paragraph 10 in Part I. 2A The Secretary of State may by order replace any amount referred to in paragraphs 2 and 3A of Schedule 1 to this Act by such amount as is specified in the order; and such an order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. 3 Except as provided in Chapter V below, at the commencement of this Act, a tenancy— a under which a dwelling-house was then let as a separate dwelling, and b which immediately before that commencement was an assured tenancy for the purposes of sections 56 to 58 of the Housing Act 1980 (tenancies granted by approved bodies), shall become an assured tenancy for the purposes of this Act. 4 In relation to an assured tenancy falling within subsection (3) above— a Part I of Schedule 1 to this Act shall have effect, subject to subsection (5) below, as if it consisted only of paragraphs 11 and 12; and b sections 56 to 58 of the Housing Act 1980 (and Schedule 5 to that Act) shall not apply after the commencement of this Act. 5 In any case where— a immediately before the commencement of this Act the landlord under a tenancy is a fully mutual housing association, and b at the commencement of this Act the tenancy becomes an assured tenancy by virtue of subsection (3) above, then, so long as that association remains the landlord under that tenancy (and under any statutory periodic tenancy which arises on the coming to an end of that tenancy) , paragraph 12 of Schedule 1 to this Act shall have effect in relation to that tenancy with the omission of sub-paragraph (1)(h). 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of Chapters 1, 2 and 3 of this Part to dwelling in Wales 1A 1 As a result of section 239 of the Renting Homes (Wales) Act 2016 (anaw 1) , no tenancy or licence (whenever made) of a dwelling-house that is in Wales can be an assured tenancy or an assured agricultural occupancy. 2 Accordingly, subject to subsection (3), nothing in sections 1 to 25 of this Act applies to a dwelling-house in Wales. 3 The provisions of this Act which are referred to in Schedule 10 to the Local Government and Housing Act 1989 (c. 42) continue to apply, for the purposes of that Schedule, to a dwelling-house in Wales which is subject to a long tenancy , without the amendments made by the Renters’ Rights Act 2025 . 4 For the purposes of subsection (3), “ long tenancy ” has the meaning given by paragraph 8 of Schedule 2 to the Renting Homes (Wales) Act 2016. Letting of a dwelling-house together with other land. 2 1 If, under a tenancy, a dwelling-house is let together with other land, then, for the purposes of this Part of this Act,— a if and so long as the main purpose of the letting is the provision of a home for the tenant or, where there are joint tenants, at least one of them, the other land shall be treated as part of the dwelling-house; and b if and so long as the main purpose of the letting is not as mentioned in paragraph (a) above, the tenancy shall be treated as not being one under which a dwelling-house is let as a separate dwelling. 2 Nothing in subsection (1) above affects any question whether a tenancy is precluded from being an assured tenancy by virtue of any provision of Schedule 1 to this Act. Tenant sharing accommodation with persons other than landlord. 3 1 Where a tenant has the exclusive occupation of any accommodation (in this section referred to as “the separate accommodation”) and— a the terms as between the tenant and his landlord on which he holds the separate accommodation include the use of other accommodation (in this section referred to as “ the shared accommodation ”) in common with another person or other persons, not being or including the landlord, and b by reason only of the circumstances mentioned in paragraph (a) above, the separate accommodation would not, apart from this section, be a dwelling-house let on an assured tenancy, the separate accommodation shall be deemed to be a dwelling-house let on an assured tenancy and the following provisions of this section shall have effect. 2 For the avoidance of doubt it is hereby declared that where, for the purpose of determining the rateable value of the separate accommodation, it is necessary to make an apportionment under Part II of Schedule 1 to this Act, regard is to be had to the circumstances mentioned in subsection (1)(a) above. 3 While the tenant is in possession of the separate accommodation, any term of the tenancy terminating or modifying, or providing for the termination or modification of, his right to the use of any of the shared accommodation which is living accommodation shall be of no effect. 4 Where the terms of the tenancy are such that, at any time during the tenancy, the persons in common with whom the tenant is entitled to the use of the shared accommodation could be varied or their number could be increased, nothing in subsection (3) above shall prevent those terms from having effect so far as they relate to any such variation or increase. 5 In this section “ living accommodation ” means accommodation of such a nature that the fact that it constitutes or is included in the shared accommodation is sufficient, apart from this section, to prevent the tenancy from constituting an assured tenancy of a dwelling-house. Certain sublettings not to exclude any part of sub-lessor’s premises from assured tenancy. 4 1 Where the tenant of a dwelling-house has sub-let a part but not the whole of the dwelling-house, then, as against his landlord or any superior landlord, no part of the dwelling-house shall be treated as excluded from being a dwelling-house let on an assured tenancy by reason only that the terms on which any person claiming under the tenant holds any part of the dwelling-house include the use of accommodation in common with other persons. 2 Nothing in this section affects the rights against, and liabilities to, each other of the tenant and any person claiming under him, or of any two such persons. Assured tenancies to be periodic with rent period not exceeding a month 4A 1 Terms of an assured tenancy are of no effect so far as they provide— a for a tenancy to be a fixed term tenancy, or b for periods of the tenancy to be different from the periods for which rent is payable (“rent periods”). 2 Where terms of an assured tenancy are of no effect by virtue of subsection (1)(a) or (b), the tenancy has effect as a periodic tenancy under which the periods of the tenancy are the same as the rent periods. 3 Terms of an assured tenancy which provide for the rent periods are of no effect unless each rent period is— a a period of 28 days or shorter, or b a monthly rent period. 4 Those terms may provide for different rent periods at different times during the assured tenancy (but each rent period must be permitted by subsection (3)). 5 Where terms of an assured tenancy are of no effect by virtue of subsection (3), the tenancy has effect as if it provided— a for successive rent periods of one month beginning with the first day of the tenancy, and b for the rent for each such rent period— i to be the amount calculated in accordance with the formula in subsection (6), and ii to be due on the first day of the period. 6 The formula is— R D × 30.42 where— R is the rent that would have been due for the first rent period of the tenancy under the terms that are of no effect by virtue of subsection (3); D is the number of whole days in that period. 7 Except as provided by subsections (1) and (3), nothing in this section limits any right of the landlord and the tenant to vary a term of a tenancy by agreement. 8 For the purposes of this section, terms of an assured tenancy provide for “monthly” rent periods if they provide for rent to be payable for successive periods of one month, disregarding any provision for the first period to be a different period not exceeding 30 days. Assured tenancy: prohibition of rent in advance (except initial rent) 4B 1 Terms of an assured tenancy which provide for when rent is due are of no effect so far as they provide for rent to be due in advance. 2 But subsection (1) does not apply— a to a tenancy entered into before the commencement date (which has the same meaning as in section 146(3) of the Renters’ Rights Act 2025), b to an excepted tenancy, or c to terms of any other assured tenancy so far as they provide for initial rent to be due during the permitted pre-tenancy period. 3 Where terms of an assured tenancy providing for when the rent for a rent period is due are of no effect by virtue of this section, the tenancy has effect as if it provided for the rent for that rent period to be due on the substitute rent day for that rent period. 4 In a case where the terms of the tenancy (after taking account of section 4A) are such that— a one or more of the periods of the tenancy will be compliant rent periods, and b the compliant rent periods have a regular pattern, the regular rent day which falls during a rent period is the “substitute rent day” for the rent period. 5 In any other case, the first day of a rent period is the “substitute rent day” for the rent period. 6 The compliant rent periods of a tenancy “have a regular pattern” if those periods meet the following two conditions— a all of the compliant rent periods will be the same length (and, for this purpose, all periods of one month are the same length); b the rent for all of the compliant periods will be due— i on the same day during each of the periods (such as the same day of the week in a weekly period or the same date in the month in a monthly period), or ii on the same description of day during each of the periods (such as the last day, or first weekday, of a period); and that day, or day of that description, is the “regular rent day”. 7 The condition in subsection (6)(a) is met even if the first period of the tenancy is of a different length from all the other compliant periods; and, in such a case, the condition in subsection (6)(b) is met even if the rent for the first period of the tenancy is due on a different day, or description of day, from all the other compliant periods. 8 For provision enabling a holding deposit to be used to pay initial rent due during the permitted pre-tenancy period, see Schedule 2 to the Tenant Fees Act 2019 . 9 The Secretary of State may, by regulations, amend this section for the purpose of making provision about the descriptions of rent due in advance to which subsection (1) does not apply. 10 Regulations under subsection (9)— a may make different provision for different purposes; b are to be made by statutory instrument. 11 A statutory instrument containing regulations under subsection (9) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. 12 In this paragraph— “ compliant rent period ”: a rent period is a compliant rent period if the rent for the period is due during the period — and, in determining this, the effect of this section on when rent is due must be disregarded; “ due in advance ”, in relation to rent, means due before the rent period for which it is payable; “ excepted tenancy ” means— an assured tenancy of social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008 ) if the landlord is a private registered provider of social housing; an assured tenancy granted pursuant to Part 7 of the Housing Act 1996 (homelessness); “ initial rent ” means rent that is payable for— the first rent period, or any later rent period which ends during the initial 28 day period; and here “ initial 28 day period ” means the period of 28 days beginning with the first day of the first rent period; “ permitted pre-tenancy period ” means the period that— begins when the tenancy is entered into, and ends with the day before the first day of the tenancy; “ regular rent day ” has the meaning given in subsection (6)(b); “ rent period ” means a period for which rent is payable under the assured tenancy; “ substitute rent day ” means the day determined in accordance with subsection (4) or (5). Security of tenure Security of tenure. 5 1 An assured tenancy cannot be brought to an end by the landlord except by— a obtaining— i an order of the court for possession of the dwelling-house under section 7 or 21 and ii the execution of the order, b obtaining an order of the court under section 6A (demotion order), ... c in the case of a fixed term tenancy which contains power for the landlord to determine the tenancy in certain circumstances, by the exercise of that power , or d in the case of an assured tenancy— i which is a residential tenancy agreement within the meaning of Chapter 1 of Part 3 of the Immigration Act 2014, and ii in relation to which the condition in section 33D(2) of that Act is met, giving a notice in accordance with that section, and, accordingly, the service by the landlord of a notice to quit is of no effect in relation to a periodic an assured tenancy. 1A Where an order of the court for possession of the dwelling-house is obtained, the tenancy ends when the order is executed. 2 If an assured tenancy which is a fixed term tenancy comes to an end otherwise than by virtue of— a an order of the court of the kind mentioned in subsection (1)(a) or (b) or any other order of the court , ... b a surrender or other action on the part of the tenant , or c the giving of a notice under section 33D of the Immigration Act 2014, then, subject to section 7 and Chapter II below, the tenant shall be entitled to remain in possession of the dwelling-house let under that tenancy and, subject to subsection (4) below, his right to possession shall depend upon a periodic tenancy arising by virtue of this section. 3 The periodic tenancy referred to in subsection (2) above is one— a taking effect in possession immediately on the coming to an end of the fixed term tenancy; b deemed to have been granted by the person who was the landlord under the fixed term tenancy immediately before it came to an end to the person who was then the tenant under that tenancy; c under which the premises which are let are the same dwelling-house as was let under the fixed term tenancy; d under which the periods of the tenancy are the same as those for which rent was last payable under the fixed term tenancy; and e under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy. 4 The periodic tenancy referred to in subsection (2) above shall not arise if, on the coming to an end of the fixed term tenancy, the tenant is entitled, by virtue of the grant of another tenancy, to possession of the same or substantially the same dwelling-house as was let to him under the fixed term tenancy. 5 If, on or before the date on which a tenancy is entered into or is deemed to have been granted as mentioned in subsection (3)(b) above, the person who is to be the tenant under that tenancy— a enters into an obligation to do any act which (apart from this subsection) will cause the tenancy to come to an end at a time when it is an assured tenancy, or b executes, signs or gives any surrender, notice to quit or other document which (apart from this subsection) has the effect of bringing the tenancy to an end at a time when it is an assured tenancy, the obligation referred to in paragraph (a) above shall not be enforceable or, as the case may be, the surrender, notice to quit or other document referred to in paragraph (b) above shall be of no effect. 5A Nothing in subsection (5) affects any right of pre-emption— a which is exercisable by the landlord under a tenancy in circumstances where the tenant indicates his intention to dispose of the whole of his interest under the tenancy, and b in pursuance of which the landlord would be required to pay, in respect of the acquisition of that interest, an amount representing its market value. “ Dispose ” means dispose by assignment or surrender, and “ acquisition ” has a corresponding meaning. 6 If, by virtue of any provision of this Part of this Act, Part I of Schedule 1 to this Act has effect in relation to a fixed term tenancy as if it consisted only of paragraphs 11 and 12, that Part shall have the like effect in relation to any periodic tenancy which arises by virtue of this section on the coming to an end of the fixed term tenancy. 7 Any reference in this Part of this Act to a statutory periodic tenancy is a reference to a periodic tenancy arising by virtue of this section.. Fixing of terms of statutory periodic tenancy. 6 1 In this section, in relation to a statutory periodic tenancy,— a “ the former tenancy ” means the fixed term tenancy on the coming to an end of which the statutory periodic tenancy arises; and b “ the implied terms ” means the terms of the tenancy which have effect by virtue of section 5(3)(e) above, other than terms as to the amount of the rent; but nothing in the following provisions of this section applies to a statutory periodic tenancy at a time when, by virtue of paragraph 11 or paragraph 12 in Part 1 of Schedule 1 to this Act, it cannot be an assured tenancy. 2 Not later than the first anniversary of the day on which the former tenancy came to an end, the landlord may serve on the tenant, or the tenant may serve on the landlord, a notice in the prescribed form proposing terms of the statutory periodic tenancy different from the implied terms and, if the landlord or the tenant considers it appropriate, proposing an adjustment of the amount of the rent to take account of the proposed terms. 3 Where a notice has been served under subsection (2) above,— a within the period of three months beginning on the date on which the notice was served on him, the landlord or the tenant, as the case may be, may, by an application in the prescribed form, refer the notice to the appropriate tribunal under subsection (4) below; and b if the notice is not so referred, then, with effect from such date, not falling within the period referred to in paragraph (a) above, as may be specified in the notice, the terms proposed in the notice shall become terms of the tenancy in substitution for any of the implied terms dealing with the same subject matter and the amount of the rent shall be varied in accordance with any adjustment so proposed. 4 Where a notice under subsection (2) above is referred to the appropriate tribunal , the appropriate tribunal shall consider the terms proposed in the notice and shall determine whether those terms, or some other terms (dealing with the same subject matter as the proposed terms), are such as, in the appropriate tribunal’s opinion, might reasonably be expected to be found in an assured periodic tenancy of the dwelling-house concerned, being a tenancy— a which begins on the coming to an end of the former tenancy; and b which is granted by a willing landlord on terms which, except in so far as they relate to the subject matter of the proposed terms, are those of the statutory periodic tenancy at the time of the appropriate tribunal’s consideration. 5 Whether or not a notice under subsection (2) above proposes an adjustment of the amount of the rent under the statutory periodic tenancy, where the appropriate tribunal determine any terms under subsection (4) above, they shall, if they consider it appropriate, specify such an adjustment to take account of the terms so determined. 6 In making a determination under subsection (4) above, or specifying an adjustment of an amount of rent under subsection (5) above, there shall be disregarded any effect on the terms or the amount of the rent attributable to the granting of a tenancy to a sitting tenant. 7 Where a notice under subsection (2) above is referred to the appropriate tribunal , then, unless the landlord and the tenant otherwise agree, with effect from such date as the appropriate tribunal may direct— a the terms determined by the appropriate tribunal shall become terms of the statutory periodic tenancy in substitution for any of the implied terms dealing with the same subject matter; and b the amount of the rent under the statutory periodic tenancy shall be altered to accord with any adjustment specified by the appropriate tribunal ; but for the purposes of paragraph (b) above the appropriate tribunal shall not direct a date earlier than the date specified, in accordance with subsection (3)(b) above, in the notice referred to them. 8 Nothing in this section requires the appropriate tribunal to continue with a determination under subsection (4) above if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end. Demotion because of anti-social behaviour 6A 1 This section applies to an assured tenancy if — a the landlord is a non-profit registered provider of social housing, b the landlord is a profit-making registered provider of social housing and the dwelling-house let on the tenancy is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, or c   the landlord is a registered social landlord. 2 The landlord may apply to the county court for a demotion order. 3 A demotion order has the following effect— a the assured tenancy is terminated with effect from the date specified in the order; b if the tenant remains in occupation of the dwelling-house after that date a demoted tenancy is created with effect from that date; c it is a term of the demoted tenancy that any arrears of rent payable at the termination of the assured tenancy become payable under the demoted tenancy; d it is also a term of the demoted tenancy that any rent paid in advance or overpaid at the termination of the assured tenancy is credited to the tenant’s liability to pay rent under the demoted tenancy. 4 The court must not make a demotion order unless it is satisfied— a that the tenant or a person residing in or visiting the dwelling-house has engaged or has threatened to engage in— i conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and that directly or indirectly relates to or affects the landlord's housing management functions, or ii conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose, and b that it is reasonable to make the order. 5 The court must not entertain proceedings for a demotion order unless— a the landlord has served on the tenant a notice under subsection (6), or b the court thinks it is just and equitable to dispense with the requirement of the notice. 6 The notice must— a give particulars of the conduct in respect of which the order is sought; b state that the proceedings will not begin before the date specified in the notice; c state that the proceedings will not begin after the end of the period of twelve months beginning with the date of service of the notice. 7 The date specified for the purposes of subsection (6)(b) must not be before the end of the period of two weeks beginning with the date of service of the notice. 8 Each of the following has effect in respect of a demoted tenancy at the time it is created by virtue of an order under this section as it has effect in relation to the assured tenancy at the time it is terminated by virtue of the order— a the parties to the tenancy; b the period of the tenancy; c the amount of the rent; d the dates on which the rent is payable. 9 Subsection (8)(b) does not apply if the assured tenancy was for a fixed term and in such a case the demoted tenancy is a weekly periodic tenancy. 10 If the landlord of the demoted tenancy serves on the tenant a statement of any other express terms of the assured tenancy which are to apply to the demoted tenancy such terms are also terms of the demoted tenancy. 10A In subsection (4)(a)(ii) “ housing accommodation ” includes— a flats, lodging-houses and hostels; b any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it; c any common areas used in connection with the accommodation. 11 For the purposes of this section a demoted tenancy is a tenancy to which section 20B of the Housing Act 1988 applies. Orders for possession. 7 1 The court shall not make an order for possession of a dwelling-house let on an assured tenancy except on one or more of the grounds set out in Schedule 2 to this Act; but nothing in this Part of this Act relates to proceedings for possession of such a dwelling-house which are brought by a mortgagee, within the meaning of the Law of Property Act 1925, who has lent money on the security of the assured tenancy. 2 The following provisions of this section have effect, subject to section 8 below, in relation to proceedings for the recovery of possession of a dwelling-house let on an assured tenancy. 3 If the court is satisfied that any of the grounds in Part I of Schedule 2 to this Act is established then , subject to subsections (5A) and (6) the following provisions of this section and section 10A below (and to any available defence based on the tenant's Convention rights, within the meaning of the Human Rights Act 1998) , the court shall make an order for possession. 4 If the court is satisfied that any of the grounds in Part II of Schedule 2 to this Act is established, then, subject to subsections (5A) and (6) below, the court may make an order for possession if it considers it reasonable to do so. 5 Part III of Schedule 2 to this Act shall have effect for supplementing Ground 9 in that Schedule and Part IV of that Schedule shall have effect in relation to notices given as mentioned in Grounds 1 to 5 of that Schedule . 5ZA The court may not make an order for possession of a dwelling-house on any of Grounds 1 to 5H or Ground 6A where— a a smallholding was previously let to the tenant under a tenancy to which the Agricultural Holdings Act 1986 applies (“the agricultural tenancy”), b the agricultural tenancy came to an end as a result of the operation of a notice to quit given in case A in Part 1 of Schedule 3 to that Act (“case A”), c the assured tenancy was granted immediately after the agricultural tenancy came to an end, and d the dwelling-house is let under the assured tenancy— i by the person who was the landlord under the agricultural tenancy (“the former agricultural landlord”), or ii by another person pursuant to a contract or other agreement entered into with the former agricultural landlord under which— A the dwelling-house is to be let as suitable alternative accommodation for the purposes of paragraph (b) of case A, and B this subsection is to apply. 5ZB The court may not make an order for possession of a dwelling-house let on an assured tenancy on any of Grounds 1 to 5H or Ground 6A where, on the basis of the proposed let of the dwelling-house on that tenancy, the dwelling-house was deemed to be suitable alternative accommodation under paragraph 1(c) of Part 4 of Schedule 2 to the Housing Act 1985 for the purposes of section 84(2)(b) and (c) of that Act. 5A The court shall not make an order for possession of a dwellinghouse let on an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989 on any of the following grounds, that is to say,— a Grounds 1 , 2 , 5 to 5H, 6A, 6B , 7A and 7B in Part I of Schedule 2 to this Act; b Ground 16 in Part II of that Schedule; and c if the assured periodic tenancy arose on the termination of a former 1954 Act tenancy, within the meaning of the said Schedule 10, Ground 6 in Part I of Schedule 2 to this Act. 5B The court may not make an order for possession of a dwelling-house let on an assured tenancy granted in accordance with section 554(3)(c) (before its repeal) or (ca) of the Housing Act 1985 on any of Grounds 1 to 5H or Ground 6A. 5C In relation to the making of an order for possession of a dwelling-house let on an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989 , Ground 6 is to apply as if— a in paragraph (b), the words “, but only in a case where section 7(5ZA) applies in relation to the tenancy” were omitted; b in the general redevelopment conditions, paragraph (f) was omitted; c in the landlord’s acquisition condition, in paragraph (a), the reference to the grant of the tenancy is a reference to the grant of the long residential tenancy which existed immediately before the assured periodic tenancy arose. 5D If the only grounds for possession which the court is satisfied are established are either or both of Grounds 7A and 14 in Schedule 2, the court may not make an order for possession to take effect within— a the period of 14 days beginning with the date of service of the notice under section 8; or b where the court has exercised the power conferred by section 8(1)(b), the period of 14 days beginning— i if a purported notice of possession (within the meaning given by section 16M) was served on the tenant and the court considers it just and equitable, with the date on which the notice was served; ii otherwise, with the date on which the proceedings for possession began. 5E In subsection (5C), a reference to a “ long residential tenancy ” is a reference to a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applies. 6 The court shall not make an order for possession of a dwelling-house to take effect at a time when it is let on an assured fixed term tenancy unless— a the ground for possession is Ground 2 , Ground 7A , Ground 7B or Ground 8 in Part I of Schedule 2 to this Act or any of the grounds in Part II of that Schedule, other than Ground 9 or Ground 16; and b the terms of the tenancy make provision for it to be brought to an end on the ground in question (whether that provision takes the form of a provision for re-entry, for forfeiture, for determination by notice or otherwise). 6A In the case of a dwelling-house in England, subsection (6)(a) has effect as if it also referred to Ground 7 in Part 1 of Schedule 2 to this Act. 6B The requirement in subsection (6)(b) that would otherwise apply to an order for possession of a dwelling-house let on an assured fixed term tenancy does not apply where the ground for possession is Ground 7B in Part 1 of Schedule 2 to this Act. 7 Subject to the preceding provisions of this section, the court may make an order for possession of a dwelling-house on grounds relating to a fixed term tenancy which has come to an end; and where an order is made in such circumstances, any statutory periodic tenancy which has arisen on the ending of the fixed term tenancy shall end (without any notice and regardless of the period) in accordance with section 5(1A) . Notice of proceedings for possession. 8 1 The court shall not entertain proceedings for possession of a dwelling-house let on an assured tenancy unless— a the landlord or, in the case of joint landlords, at least one of them has served on the tenant a notice in accordance with this section and the proceedings are begun within the time limits stated in the notice in accordance with (3) to (4B) (4AA) below; or b the court considers it just and equitable to dispense with the requirement of such a notice. 2 The court shall not make an order for possession on any of the grounds in Schedule 2 to this Act unless that ground and particulars of it are specified in the notice under this section; but the grounds specified in such a notice may be altered or added to with the leave of the court. 3 A notice under this section is one in the prescribed form informing the tenant that— a the landlord intends to begin proceedings for possession of the dwelling-house on one or more of the grounds specified in the notice; and b those proceedings will not begin earlier than a date specified in the notice in accordance with subsections (3A) to (4B) (4) to (4AA) below ; and c those proceedings will not begin later than twelve months from the date of service of the notice. 3A If a notice under this section specifies in accordance with subsection (3)(a) Ground 7A in Schedule 2 to this Act (whether with or without other grounds), the date specified in the notice as mentioned in subsection (3)(b) is not to be earlier than— a in the case of a periodic tenancy, the earliest date on which, apart from section 5(1), the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section; b in the case of a fixed term tenancy, one month after the date on which the notice was served. 4 If a notice under this section specifies in accordance with subsection (3)(a) above Ground 14 either or both of Grounds 7A and 14 in Schedule 2 to this Act (whether with or without other grounds or with any ground other than Ground 7A ) , the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the date of the service of the notice. 4A If a notice under this section specifies in accordance with subsection (3)(a) above, any of Grounds 1, 2, 5 to 7, 9 and 16 in Schedule 2 to this Act (whether without other grounds or with any ground other than Ground 7A or 14), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than— a two months from the date of service of the notice; and b if the tenancy is a periodic tenancy, the earliest date on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section. 4B In any other case, the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the expiry of the period of two weeks from the date of the service of the notice. 4AA If a notice under this section does not specify Ground 7A or 14 in Schedule 2, the date specified in the notice as mentioned in subsection (3)(b) must not be before the end of the longest period shown in the following table for any ground specified in the notice. Ground specified in notice Period 1, 1A, 1B, 2, 2ZA, 2ZB, 2ZC, 2ZD, 4A, 6, 6A, 6B four months beginning with the date of service of the notice 5, 5A, 5B, 5C, 5D, 5H, 7, 9 two months beginning with the date of service of the notice 5E, 5F, 5G, 8, 10, 11, 18 four weeks beginning with the date of service of the notice 4, 7B, 12, 13, 14ZA, 14A, 15, 17 two weeks beginning with the date of service of the notice 4C A notice under this section that specifies in accordance with subsection (3)(a) Ground 7A in Schedule 2 to this Act (whether with or without other grounds) must be served on the tenant within the time period specified in subsection (4D), (4E) or (4F). 4D Where the landlord proposes to rely on condition 1, 3 or 5 in Ground 7A, the notice must be served on the tenant within— a the period of 12 months beginning with the day of the conviction, or b if there is an appeal against the conviction, the period of 12 months beginning with the day on which the appeal is finally determined or abandoned. 4E Where the landlord proposes to rely on condition 2 in Ground 7A, the notice must be served on the tenant within— a the period of 12 months beginning with the day on which the court has made the finding, or b if there is an appeal against the finding, the period of 12 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn. 4F Where the landlord proposes to rely on condition 4 in Ground 7A, the notice must be served on the tenant within— a the period of 3 months beginning with the day on which the closure order was made, or b if there is an appeal against the making of the order, the period of 3 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn. 5 The court may not exercise the power conferred by subsection (1)(b) above if the landlord seeks to recover possession on Ground 7A , 7B or 8 in Schedule 2 to this Act. 5A A notice given by an intermediate landlord under Ground 2ZA is to be treated, when the superior tenancy ends, as a notice given by the person who became the landlord by virtue of section 18 under Ground 2ZC. 5B A notice given by an intermediate landlord under Ground 2ZB is to be treated, when the superior tenancy ends, as a notice given by the person who became the landlord by virtue of section 18 under Ground 2ZD. 6 Where a notice under this section— a is served at a time when the dwelling-house is let on a fixed term tenancy, or b is served after a fixed term tenancy has come to an end but relates (in whole or in part) to events occurring during that tenancy, the notice shall have effect notwithstanding that the tenant becomes or has become tenant under a statutory periodic tenancy arising on the coming to an end of the fixed term tenancy. 7 Regulations made under section 45(1) by virtue of subsection (3) may— a provide for the form to be published by the Secretary of State; b provide that the form to be used is the version that has effect at the time the requirement applies. Disapplication of conditions where notice dispensed with 8ZA 1 This section applies where the court exercises the power conferred by section 8(1)(b) in proceedings relating to Ground 4A, 5G or 6 in Schedule 2. 2 The court may, if it considers it just and equitable to do so— a where the proceedings relate to Ground 4A, disapply paragraph (d) of the ground; b where the proceedings relate to Ground 5G, disapply paragraph (b) of the ground; c where the proceedings relate to Ground 6, disapply paragraph (aa)(ii)(B) of the ground. 3 References in this section to grounds in Schedule 2 are to those grounds read in accordance with paragraph 12(2) of that Schedule. Additional notice requirements: ground of domestic violence. 8A 1 Where the ground specified in a notice under section 8 (whether with or without other grounds) is Ground 14A in Schedule 2 to this Act and the partner who has left the dwelling-house as mentioned in that ground is not a tenant of the dwelling-house, the court shall not entertain proceedings for possession of the dwelling-house unless— a the landlord or, in the case of joint landlords, at least one of them has served on the partner who has left a copy of the notice or has taken all reasonable steps to serve a copy of the notice on that partner, or b the court considers it just and equitable to dispense with such requirements as to service. 2 Where Ground 14A in Schedule 2 to this Act is added to a notice under section 8 with the leave of the court after proceedings for possession are begun and the partner who has left the dwelling-house as mentioned in that ground is not a party to the proceedings, the court shall not continue to entertain the proceedings unless— a the landlord or, in the case of joint landlords, at least one of them has served a notice under subsection (3) below on the partner who has left or has taken all reasonable steps to serve such a notice on that partner, or b the court considers it just and equitable to dispense with the requirement of such a notice. 3 A notice under this subsection shall— a state that proceedings for the possession of the dwelling-house have begun, b specify the ground or grounds on which possession is being sought, and c give particulars of the ground or grounds. Extended discretion of court in possession claims. 9 1 Subject to subsection (6) below, the court may adjourn for such period or periods as it thinks fit proceedings for possession of a dwelling-house let on an assured tenancy. 2 On the making of an order for possession of a dwelling-house let on an assured tenancy or at any time before the execution of such an order, the court, subject to subsection (6) below, may— a stay or suspend execution of the order, or b postpone the date of possession, for such period or periods as the court thinks just. 3 On any such adjournment as is referred to in subsection (1) above or on any such stay, suspension or postponement as is referred to in subsection (2) above, the court, unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, shall impose conditions with regard to payment by the tenant of arrears of rent (if any) and rent . . . and may impose such other conditions as it thinks fit. 4 If any such conditions as are referred to in subsection (3) above are complied with, the court may, if it thinks fit, discharge or rescind any such order as is referred to in subsection (2) above. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 This section does not apply if the court is satisfied that the landlord is entitled to possession of the dwelling-house— a on any of the grounds in Part I of Schedule 2 to this Act; or b by virtue of subsection (1) or subsection (4) of section 21 below. Proceedings for possession on non-absolute grounds : anti-social behaviour 9A 1 This section applies if the court is considering under section 7(4) whether it is reasonable to make an order for possession on ground 14 set out in Part 2 of Schedule 2 (conduct of tenant or other person). 2 The court must consider, in particular— a the effect that the nuisance or annoyance has had on persons other than the person against whom the order is sought; b any continuing effect the nuisance or annoyance is likely to have on such persons; c the effect that the nuisance or annoyance would be likely to have on such persons if the conduct is repeated. d whether the person against whom the order is sought has co-operated with any attempt by the landlord to encourage the conduct to cease. 3 Where the person against whom the order is sought is a tenant occupying an HMO, in considering effects mentioned in subsection (2)(a) the court must have particular regard to the effect on other occupiers who share with that person accommodation or facilities within the HMO. 4 For the purposes of subsection (3) occupiers of an HMO share accommodation or facilities if they are each entitled to use that accommodation or those facilities under the terms of a tenancy or licence to occupy. 5 In subsection (3) “ HMO ” has the same meaning as in Part 2 of the Housing Act 2004 (see section 77 of that Act). Special provisions applicable to shared accommodation. 10 1 This section applies in a case falling within subsection (1) of section 3 above and expressions used in this section have the same meaning as in that section. 2 Without prejudice to the enforcement of any order made under subsection (3) below, while the tenant is in possession of the separate accommodation, no order shall be made for possession of any of the shared accommodation, whether on the application of the immediate landlord of the tenant or on the application of any person under whom that landlord derives title, unless a like order has been made, or is made at the same time, in respect of the separate accommodation; and the provisions of section 6 above shall have effect accordingly. 3 On the application of the landlord, the court may make such order as it thinks just either— a terminating the right of the tenant to use the whole or any part of the shared accommodation other than living accommodation; or b modifying his right to use the whole or any part of the shared accommodation, whether by varying the persons or increasing the number of persons entitled to the use of that accommodation or otherwise. 4 No order shall be made under subsection (3) above so as to effect any termination or modification of the rights of the tenant which, apart from section 3(3) above, could not be effected by or under the terms of the tenancy. Power to order transfer of tenancy in certain cases 10A 1 This section applies on an application for an order for possession of a dwelling-house let on an assured tenancy if the court is satisfied that— a Ground 7B in Schedule 2 is established, b no other ground in that Schedule is established, or one or more grounds in Part 2 of that Schedule are established but it is not reasonable to make an order for possession on that ground or those grounds, c the tenancy is a joint tenancy, and d one or more of the tenants is a qualifying tenant. 2 In subsection (1)(d) “ qualifying tenant ” means a person who (within the meaning of Ground 7B) is not disqualified as a result of the person's immigration status from occupying the dwelling-house under the tenancy. 3 The court may, instead of making an order for possession, order that the tenant's interest under the tenancy is to be transferred so that it is held— a if there is one qualifying tenant, by the qualifying tenant as sole tenant, or b if there is more than one qualifying tenant, by all of them as joint tenants. 4 The effect of an order under this section is that, from the time the order takes effect, the qualifying tenant or tenants— a are entitled to performance of the landlord's covenants under the tenancy, and b are liable to perform the tenant's covenants under the tenancy. 5 The effect of an order under this section is that, from the time it takes effect, any other person who was a tenant under the tenancy before the order took effect— a ceases to be entitled to performance of the landlord's covenants under the tenancy, or b ceases to be liable to perform the tenant's covenants under the tenancy. 6 Subsection (5) does not remove any right or liability of the person which accrued before the order took effect. 7 An order under this section does not operate to create a new tenancy as between the landlord and the qualifying tenant or tenants. 8 In particular, if the tenancy is a fixed term tenancy, the term comes to an end at the same time as if the order had not been made. Payment of removal expenses by social landlords in certain cases. 11 A1 This section applies to a dwelling-house let on an assured tenancy if— a the landlord is a relevant social landlord, and b the dwelling-house is social housing. 1 Where a court makes an order for possession of a dwelling-house let on an assured tenancy on Ground 6 or Ground 9 the dwelling-house on Ground 6, 6A or 9 in Schedule 2 to this Act (but not on any other ground), the landlord shall pay to the tenant a sum equal to the reasonable expenses likely to be incurred by the tenant in removing from the dwelling-house. 1A If the court makes the order for possession on Ground 6 in circumstances where— a the additional RSL condition is met, and b that condition is met in case B (alternative accommodation provided temporarily until other alternative accommodation becomes available), the landlord must also pay to the tenant a sum equal to the reasonable expenses likely to be incurred by the tenant in removing from the alternative accommodation provided temporarily. 2 Any question as to the amount of the sum referred to in subsection (1) or (1A) above shall be determined by agreement between the landlord and the tenant or, in default of agreement, by the court. 3 Any sum payable to a tenant by virtue of this section shall be recoverable as a civil debt due from the landlord. 4 In this section— “ relevant social landlord ” means— a private registered provider of social housing, a body registered as a social landlord in the register maintained under section 1 of the Housing Act 1996 , a body registered as a social landlord in the register kept under section 20 (1) of the Housing (Scotland) Act 2010 , or a housing trust, within the meaning of the Housing Associations Act 1985 , which is a charity; “ social housing ” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008 . Possession on ground 6B: compensation of tenant 11A 1 This section applies where a court makes an order for possession of a dwelling-house let on an assured tenancy on Ground 6B in Schedule 2 to this Act (whether or not the order is also made on any other ground). 2 The court may order the landlord to pay to the tenant such sum as appears sufficient as compensation for damage or loss sustained by that tenant as a result of the order for possession. 3 In deciding whether to make an order under this section, and what compensation to order, the court must (in particular) take into account the circumstances which led to Ground 6B being available as a ground for making an order for possession (including any conduct by the tenant which caused or contributed to Ground 6B being available). Compensation for misrepresentation or concealment. 12 Where a landlord obtains an order for possession of a dwelling-house let on an assured tenancy on one or more of the grounds in Schedule 2 to this Act and it is subsequently made to appear to the court that the order was obtained by misrepresentation or concealment of material facts, the court may order the landlord to pay to the former tenant such sum as appears sufficient as compensation for damage or loss sustained by that tenant as a result of the order. Rent and other terms Increases of rent under assured periodic tenancies tenancies other than relevant low-cost tenancies . 13 1 This section applies to— a a statutory periodic tenancy other than one which, by virtue of paragraph 11 or paragraph 12 in Part I of Schedule 1 to this Act, cannot for the time being be an assured tenancy; and b any other periodic tenancy which is an assured tenancy, other than one in relation to which there is a provision, for the time being binding on the tenant, under which the rent for a particular period of the tenancy will or may be greater than the rent for an earlier period. 1 This section applies to any assured tenancy other than a relevant low-cost tenancy. 2 For the purpose of securing an increase in the rent under a tenancy to which this section applies, the landlord may serve on the tenant a notice in the prescribed form proposing a new rent to take effect at the beginning of a new period of the tenancy specified in the notice, being a period beginning not earlier than— a the minimum period two months after the date of the service of the notice; and b except in the case of a statutory periodic tenancy— either i in the case of an assured agricultural occupancy, the first anniversary of the date on which the first period of the tenancy began; or ii in any other case, on the date that falls 52 weeks after the date on which the first period of the tenancy began; and c if the rent under the tenancy has previously been increased by virtue of a notice under this subsection or a determination under section 14 below , either — i in the case of an assured agricultural occupancy, the first anniversary of the date on which the increased rent took effect; or ii in any other case, the appropriate date 3 The minimum period referred to in subsection (2) above is— a in the case of a yearly tenancy, six months; b in the case of a tenancy where the period is less than a month, one month; and c in any other case, a period equal to the period of the tenancy. 3A The appropriate date referred to in subsection (2)(c)(ii) above is— a in a case to which subsection (3B) below applies, the date that falls 53 weeks after the date on which the increased rent took effect; b in any other case, the date that falls 52 weeks after the date on which the increased rent took effect. 3B This subsection applies where— a the rent under the tenancy has been increased by virtue of a notice under this section or a determination under section 14 below on at least one occasion after the coming into force of the Regulatory Reform (Assured Periodic Tenancies)(Rent Increases) Order 2003; and b the fifty-third week after the date on which the last such increase took effect begins more than six days before the anniversary of the date on which the first such increase took effect. 4 Where a notice is served under subsection (2) above, a new rent specified in the notice shall take effect as mentioned in the notice unless, before the beginning of the new period specified in the notice,— a the tenant by an application in the prescribed form refers the notice to the appropriate tribunal applies to the appropriate tribunal under section 14(A3) ; or b the landlord and the tenant agree on a variation of the rent which is different from new rent which is lower than that proposed in the notice or agree that the rent should not be varied. 4A The rent for a period of an assured tenancy to which this section applies may not be greater than the rent for the previous period except by virtue of— a a notice under this section or an agreement under subsection (4)(b) following such a notice, b a determination under section 14, or c an agreement in writing between the landlord and the tenant varying the rent, following a determination by the appropriate tribunal under section 14, where the agreed rent is lower than the rent that would be payable under section 14ZA or 14ZB as a result of the determination; and any provision relating to an assured tenancy to which this section applies is of no effect so far as it provides that the rent for a particular period of the tenancy must or may be greater than the rent for the previous period otherwise than by virtue of a notice, determination or agreement mentioned in this subsection. 4B Except as provided by subsection (4A), nothing in this section (or in sections 14 to 14ZB) limits any right of the landlord and the tenant under an assured tenancy to which this section applies to vary any term of the tenancy by agreement. 4C In this section “ relevant low-cost tenancy ” means— a an assured tenancy of social housing, within the meaning of Part 2 of the Housing and Regeneration Act 2008 , where the landlord is a private registered provider of social housing, and b any other assured tenancy of a description specified in regulations made by the Secretary of State. 4D Regulations under subsection (4C)(b)— a may make different provision for different purposes; b are to be made by statutory instrument. 4E A statutory instrument containing regulations under subsection (4C)(b) is subject to annulment in pursuance of a resolution of either House of Parliament. 5 Nothing in this section (or in section 14 below) affects the right of the landlord and the tenant under an assured tenancy to vary by agreement any term of the tenancy (including a term relating to rent). Increases of rent under relevant low-cost tenancies 13A 1 This section applies to a relevant low-cost tenancy within the meaning given by section 13(4C). 2 For the purpose of securing an increase in the rent under a tenancy to which this section applies, the landlord may serve on the tenant a notice in the prescribed form proposing a new rent to take effect at the beginning of a new period of the tenancy specified in the notice, being a period beginning not earlier than— a one month after the date of the service of the notice, and b in the case of an assured agricultural occupancy, the first anniversary of the date on which the first period of the tenancy began, and c if the rent under the tenancy has previously been increased by virtue of a notice under this subsection or a determination under section 14, either— i in the case of an assured agricultural occupancy, the first anniversary of the date on which the increased rent took effect, or ii in any other case, the appropriate date. 3 The appropriate date is— a in a case to which subsection (4) applies, the date that falls 53 weeks after the date on which the increased rent took effect; b in any other case, the date that falls 52 weeks after the date on which the increased rent took effect. 4 This subsection applies where— a the rent under the tenancy has been increased by virtue of a notice under this section or a determination under section 14 on at least one occasion after the coming into force of the Regulatory Reform (Assured Periodic Tenancies) (Rent Increases) Order 2003 , and b the fifty-third week after the date on which the last such increase took effect begins more than six days before the anniversary of the date on which the first such increase took effect. 5 Where a notice is served under subsection (2), a new rent specified in the notice takes effect as mentioned in the notice unless, before the beginning of the new period specified in the notice— a the tenant applies to the tribunal under section 14(A3), or b the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied. 6 Nothing in this section (or in section 14) affects the right of the landlord and the tenant under a relevant low-cost tenancy within the meaning given by section 13(4C) to vary by agreement any term of the tenancy (including a term relating to rent). Challenge to validity of notice to increase rent 13B Where a tenant under an assured tenancy