Ground 1 Schedule 2 Housing Act 1985 Assignment

PART IVE+W SECURE TENANCIES AND RIGHTS OF SECURE TENANTS

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Modifications etc. (not altering text)

Security of tenureE+W

79 Secure tenancies.E+W

(1)A tenancy under which a dwelling-house is let as a separate dwelling is a secure tenancy at any time when the conditions described in sections 80 and 81 as the landlord condition and the tenant condition are satisfied.

(2)Subsection (1) has effect subject to—

(a)the exceptions in Schedule 1 (tenancies which are not secure tenancies),

(b)sections 89(3) and (4) and 90(3) and (4) (tenancies ceasing to be secure after death of tenant), and

(c)sections 91(2) and 93(2) (tenancies ceasing to be secure in consequence of assignment of subletting).

(3)The provisions of this Part apply in relation to a licence to occupy a dwelling-house (whether or not granted for a consideration) as they apply in relation to a tenancy.

(4)Subsection (3) does not apply to a licence granted as a temporary expedient to a person who entered the dwelling-house or any other land as a trespasser (whether or not, before the grant of that licence, another licence to occupy that or another dwelling-house had been granted to him).

80 The landlord condition.E+W

(1)The landlord condition is that the interest of the landlord belongs to one of the following authorities or bodies—

  • a local authority,

  • a [F1development] corporation,

  • [F2a housing action trust]

  • [F3 a Mayoral development corporation, ]

  • an urban development corporation, [F4in the case of a tenancy falling within subsections (2A) to (2E), the Homes and Communities Agency[F5 , the Greater London Authority] or the Welsh Ministers (as the case may be), ]

  • F6. . .

  • F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . housing co-operative to which this section applies.

F9(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(2A)A tenancy falls within this subsection if the interest of the landlord is transferred to—

(a)the Homes and Communities Agency as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008,

[F11(aa)the Greater London Authority as mentioned in section 333ZI(2)(a) to (d) of the Greater London Authority Act 1999, or]

(b)the Welsh Ministers as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.

(2B)A tenancy falls within this subsection if it is entered into pursuant to a contract under which the rights and liabilities of the prospective landlord are transferred to the Homes and Communities Agency [F12, the Greater London Authority]or the Welsh Ministers as mentioned in subsection (2A)(a)[F13, (aa) ] or (b) (as the case may be).

(2C)A tenancy falls within this subsection if it is granted by the Homes and Communities Agency [F14 , the Greater London Authority]or the Welsh Ministers to a person (alone or jointly with others) who, immediately before it was entered into, was a secure tenant of the Homes and Communities Agency [F14 , the Greater London Authority]or the Welsh Ministers (as the case may be).

(2D)A tenancy falls within this subsection if—

(a)it is granted by the Homes and Communities Agency [F15, the Greater London Authority]or the Welsh Ministers to a person (alone or jointly with others),

(b)before the grant of the tenancy, an order for possession of a dwelling-house let under a secure tenancy was made against the person (alone or jointly with others) and in favour of the Homes and Communities Agency [F15, the Greater London Authority]or the Welsh Ministers (as the case may be) on the court being satisfied as mentioned in section 84(2)(b) or (c), and

(c)the tenancy is of the premises which constitute the suitable accommodation as to which the court was so satisfied.

(2E)A tenancy falls within this subsection if it is granted by the Homes and Communities Agency [F16 , the Greater London Authority]or the Welsh Ministers pursuant to an obligation under section 554(2A).]

(3)If a co-operative housing association ceases to be[F17a private registered provider of social housing or][F18a registered social landlord], it shall, within the period of 21 days beginning with the date on which it ceases to be [F18[F19such a body]], notify each of its tenants who thereby becomes a secure tenant, in writing, that he has become a secure tenant.

[F20(4)This section applies to a housing co-operative within the meaning of section 27B (agreements under certain superseded provisions) where the dwelling-house is comprised in a housing co-operative agreement within the meaning of that section.]

[F21(5)In this Act and in any provision made under this Act, or made by or under any other enactment, a reference to—

(a)a person within section 80 or 80(1) of this Act, or

(b)a person who satisfies the landlord condition under this section,

includes a reference to the Homes and Communities Agency [F22 , to the Greater London Authority]or to the Welsh Ministers so far as acting in their capacity as landlord (or, in the case of disposals, former landlord) in respect of a tenancy which falls within subsections (2A) to (2E) above but, subject to this, does not include the Homes and Communities Agency [F23, the Greater London Authority ]or the Welsh Ministers.

(6)Subsection (5)—

(a)applies whether the person is described as an authority, body or landlord or in any other way and whether the reference is otherwise expressed in a different way, and

(b)is subject to any provision to the contrary.]

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Amendments (Textual)

Modifications etc. (not altering text)

81 The tenant condition.E+W

The tenant condition is that the tenant is an individual and occupies the dwelling-house as his only or principal home; or, where the tenancy is a joint tenancy, that each of the joint tenants is an individual and at least one of them occupies the dwelling-house as his only or principal home.

82 Security of tenure.E+W

(1)A secure tenancy which is either—

(a)a weekly or other periodic tenancy, or

(b)a tenancy for a term certain but subject to termination by the landlord,

cannot be brought to an end by the landlord except [F24as][F25mentioned in subsection (1A)] .

[F26(1A)The tenancy may be brought to an end by the landlord—

(a)obtaining—

(i)an order of the court for the possession of the dwelling-house, and

(ii)the execution of the order,

(b)obtaining an order under subsection (3), or

(c)obtaining a demotion order under section 82A.

(2)In the case mentioned in subsection (1A)(a), the tenancy ends when the order is executed.]

(3)Where a secure tenancy is a tenancy for a term certain but with a provision for re-entry or forfeiture, the court shall not order possession of the dwelling-house in pursuance of that provision, but in a case where the court would have made such an order it shall instead make an order terminating the tenancy on a date specified in the order and section 86 (periodic tenancy arising on termination of fixed term) shall apply.

(4)Section 146 of the M1Law of Property Act 1925 (restriction on and relief against forfeiture), except subsection (4) (vesting in under-lessee), and any other enactment or rule of law relating to forfeiture, shall apply in relation to proceedings for an order under subsection (3) of this section as if they were proceedings to enforce a right of re-entry or forfeiture.

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Amendments (Textual)

Marginal Citations

[F2782ADemotion because of anti-social behaviourE+W

(1)This section applies to a secure tenancy if the landlord is—

(a)a local housing authority;

(b)a housing action trust;

[F28(ba)a private registered provider of social housing;]

(c)a registered social landlord.

(2)The landlord may apply to [F29the county court ] for a demotion order.

(3)A demotion order has the following effect—

(a)the secure 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;

Section 84.

SCHEDULE 2E+W Grounds for Possession of Dwelling-Houses Let underSecure Tenancies

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Modifications etc. (not altering text)

Part IE+W Grounds on which Court may Order Possession if it Considers it Reasonable

Ground 1E+W

Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed.

[F1 Ground 2]E+W

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Amendments (Textual)

[F2The tenant or a person residing in or visiting the dwelling-house—

(a)has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality,

[F3(aa)has been guilty of conduct causing or likely to cause a nuisance or annoyance 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,] or

(b)has been convicted of—

(i)using the dwelling-house or allowing it to be used for immoral or illegal purposes, or

(ii)an [F4indictable] offence committed in, or in the locality of, the dwelling-house.]

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Amendments (Textual)

[F5 Ground 2ZAE+W

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Amendments (Textual)

The tenant or an adult residing in the dwelling-house has been convicted of an indictable offence which took place during, and at the scene of, a riot in the United Kingdom.

  • “ adult ” means a person aged 18 or over;

  • “ indictable offence ” does not include an offence that is triable only summarily by virtue of section 22 of the Magistrates' Courts Act 1980 (either way offences where value involved is small);

  • “ riot ” is to be construed in accordance with section 1 of the Public Order Act 1986.

This Ground applies only in relation to dwelling-houses in England.]

[F6 Ground 2A]E+W

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Amendments (Textual)

[F7The dwelling-house was occupied (whether alone or with others) by [F8a married couple, a couple who are civil partners of each other,] a couple living together as husband and wife [F9or a couple living together as if they were civil partners] and—

(a)one or both of the partners is a tenant of the dwelling-house,

(b)one partner has left because of violence or threats of violence by the other towards—

(i)that partner, or

(ii)a member of the family of that partner who was residing with that partner immediately before the partner left, and

(c)the court is satisfied that the partner who has left is unlikely to return.]

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Amendments (Textual)

Ground 3E+W

The condition of the dwelling-house or of any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or a person residing in the dwelling-house and, in the case of an act of waste by, or the neglect or default of, a person lodging with the tenant or a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

Ground 4E+W

The condition of furniture provided by the landlord for use under the tenancy, or for use in the common parts, has deteriorated owing to ill-treatment by the tenant or a person residing in the dwelling-house and, in the case of ill-treatment by a person lodging with the tenant or a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

Ground 5E+W

The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly [F10by—

(a)the tenant, or

(b)a person acting at the tenant’s instigation]

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Amendments (Textual)

Ground 6E+W

The tenancy was assigned to the tenant, or to a predecessor in title of his who is a member of his family and is residing in the dwelling-house, by an assignment made by virtue of section 92 (assignments by way of exchange) and a premium was paid either in conection with that assignment or the assignment which the tenant or predecessor himself made by virtue of that section.

In this paragraph “premium” means any fine or other like sum and any other pecuniary consideration in addition to rent

Ground 7E+W

The dwelling-house forms part of, or is within the curtilage of, a building which, or so much of it as is held by the landlord, is held mainly for purposes other than housing purposes and consists mainly of accommodation other than housing accommodation, and—

(a)the dwelling-house was let to the tenant or a predecessor in title of his in consequence of the tenant or predecessor being in the employment of the landlord, or of—

  • a local authority,

  • a [F11development] corporation,

  • [F12a housing action trust]

  • [F13a Mayoral development corporation,]

  • an urban development corporation,

  • F14. . . or

  • the governors of an aided school,

and

(b)the tenant or a person residing in the dwelling-house has been guilty of conduct such that, having regard to the purpose for which the building is used, it would not be right for him to continue in occupation of the dwelling-house.

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Amendments (Textual)

Ground 8E+W

The dwelling-house was made available for occupation by the tenant (or a predecessor in title of his) while works were carried out on the dwelling-house which he previously occupied as his only or principal home and—

(a)the tenant (or predecessor) was a secure tenant of the other dwelling-house at the time when he ceased to occupy it as his home,

(b)the tenant (or predecessor) accepted the tenancy of the dwelling-house of which possession is sought on the understanding that he would give up occupation when, on completion of the works, the other dwelling-house was again available for occupation by him under a secure tenancy, and

(c)the works have been completed and the other dwelling-house is so available.

Part IIE+W Grounds on which the Court may Order Possession if Suitable Alternative Accommodation is Available

Ground 9E+W

The dwelling-house is overcrowded, within the meaning of Part X, in such circumstances as to render the occupier guilty of an offence.

Ground 10E+W

The landlord intends, within a reasonable time of obtaining possession of the dwelling-house—

(a)to demolish or reconstruct the building or part of the building comprising the dwelling-house, or

(b)to carry out work on that building or on land let together with, and thus treated as part of, the dwelling-house,

and cannot reasonably do so without obtaining possession of the dwelling-house.

[F15 Ground 10A E+W

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Amendments (Textual)

Modifications etc. (not altering text)

  • The dwelling-house is in an area which is the subject of a redevelopment scheme approved by the Secretary of State or the [F16[F17Regulator of Social Housing] or Scottish Homes] in accordance with Part V of this Schedule and the landlord intends within a reasonable time of obtaining possession to dispose of the dwelling-house in accordance with the scheme.

  • or

  • Part of the dwelling-house is in such an area and the landlord intends within a reasonable time of obtaining possession to dispose of that part in accordance with the scheme and for that purpose reasonably requires possession of the dwelling-house.]

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Amendments (Textual)

Ground 11E+W

The landlord is a charity and the tenant’s continued occupation of the dwelling-house would conflict with the objects of the charity.

Part IIIE+W Grounds on which the Court may Order Possession if it Considers it Reasonable and Suitable Alternative Accommodation is Available

Ground 12E+W

The dwelling-house forms part of, or is within the curtilage of, a building which, or so much of it as is held by the landlord, is held mainly for purposes other than housing purposes and consists mainly of accommodation other than housing accommodation, or is situated in a cemetery, and—

(a)the dwelling-house was let to the tenant or a predecessor in title of his in consequence of the tenant or predecessor being in the employment of the landlord or of—

  • a local authority,

  • a [F18development] corporation,

  • [F19a housing action trust]

  • [F20a Mayoral development corporation, ]

  • an urban development corporation,

  • F21. . . or

  • the governors of an aided school,

and that employment has ceased, and

(b)the landlord reasonably requires the dwelling-house for occupation as a residence for some person either engaged in the employment of the landlord, or of such a body, or with whom a contract for such employment has been entered into conditional on housing being provided.

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Amendments (Textual)

Ground 13E+W

The dwelling-house has features which are substantially different from those of ordinary dwelling-houses and which are designed to make it suitable for occupation by a physically disabled person who requires accommodation of a kind provided by the dwelling-house and—

(a)there is no longer such a person residing in the dwelling-house, and

(b)the landlord requires it for occupation (whether alone or with members of his family) by such a person.

Ground 14E+W

The landlord is a housing association or housing trust which lets dwelling-houses only for occupation (whether alone or with others) by persons whose circumstances (other than merely financial circumstances) make it especially difficult for them to satisfy their need for housing, and—

(a)either there is no longer such a person residing in the dwelling-house or the tenant has received from a local housing authority an offer of accommodation in premises which are to be let as a separate dwelling under a secure tenancy, and

(b)the landlord requires the dwelling-house for occupation (whether alone or with members of his family) by such a person.

Ground 15E+W

The dwelling-house is one of a group of dwelling-houses which it is the practice of the landlord to let for occupation by persons with special needs and—

(a)a social service or special facility is provided in close proximity to the group of dwelling-houses in order to assist persons with those special needs,

(b)there is no longer a person with those special needs residing in the dwelling-house, and

(c)the landlord requires the dwelling-house for occupation (whether alone or with members of his family) by a person who has those special needs.

[F22Ground 15AE+W

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Amendments (Textual)

The dwelling-house is in England, the accommodation afforded by it is more extensive than is reasonably required by the tenant and—

(a)the tenancy vested in the tenant by virtue of section 89 (succession to periodic tenancy) or 90 (devolution of term certain) in a case where the tenant was not the previous tenant's spouse or civil partner, and

(b)notice of the proceedings for possession was served under section 83 (or, where no such notice was served, the proceedings for possession were begun) more than six months but less than twelve months after the relevant date.

For this purpose “the relevant date” is—

(a)the date of the previous tenant's death, or

(b)if the court so directs, the date on which, in the opinion of the court, the landlord (or, in the case of joint landlords, any one of them) became aware of the previous tenant's death.

The matters to be taken into account by the court in determining whether it is reasonable to make an order on this ground include—

(a)the age of the tenant,

(b)the period (if any) during which the tenant has occupied the dwelling-house as the tenant's only or principal home, and

(c)any financial or other support given by the tenant to the previous tenant.]

Ground 16E+W

[F23The dwelling-house is in Wales, the accommodation afforded by it] is more extensive than is reasonably required by the tenant and—

(a)the tenancy vested in the tenant by virtue of section 89 (succession to periodic tenancy) [F24or 90 (devolution of term certain)], the tenant being qualified to succeed by virtue of section 87(b) (members of family other than spouse), and

(b)notice of the proceedings for possession was served under section 83 more than six months but less than twelve months after [F25the relevant date].

[F26For this purpose “the relevant date” is—

(a)the date of the previous tenant's death, or

(b)if the court so directs, the date on which, in the opinion of the court, the landlord (or, in the case of joint landlords, any one of them) became aware of the previous tenant's death.]

The matters to be taken into account by the court in determining whether it is reasonable to make an order on this ground include—

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