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Schedules | |
Schedule 1 | |
Section 14 | |
Demoted tenancies | |
1 In the Housing Act 1996 (c. 52) after section 143 the following sections are | |
inserted as Chapter 1A of Part 5— | 5 |
“Chapter 1A | |
demoted tenancies | |
General provisions | |
143A Demoted tenancies | |
(1) This section applies to a periodic tenancy of a dwelling-house if each | 10 |
of the following conditions is satisfied. | |
(2) The first condition is that the landlord is either a local housing | |
authority or a housing action trust. | |
(3) The second condition is that the tenant condition in section 81 of the | |
Housing Act 1985 is satisfied. | 15 |
(4) The third condition is that the tenancy is created by virtue of a | |
demotion order under section 82A of that Act. | |
(5) In this Chapter— | |
(a) a tenancy to which this section applies is referred to as a | |
demoted tenancy; | 20 |
(b) references to demoted tenants must be construed | |
accordingly. | |
143B Duration of demoted tenancy | |
(1) A demoted tenancy becomes a secure tenancy at the end of the | |
period of one year (the demotion period) starting with the day the | 25 |
demotion order takes effect; but this is subject to subsections (2) to | |
(5). | |
(2) A tenancy ceases to be a demoted tenancy if any of the following | |
paragraphs applies— | |
(a) either of the first or second conditions in section 143A ceases | 30 |
to be satisfied; | |
(b) the demotion order is quashed; | |
(c) the tenant dies and no one is entitled to succeed to the | |
tenancy. | |
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(3) If at any time before the end of the demotion period the landlord | |
serves a notice of proceedings for possession of the dwelling-house | |
subsection (4) applies. | |
(4) The tenancy continues as a demoted tenancy until the end of the | |
demotion period or (if later) until any of the following occurs— | 5 |
(a) the notice of proceedings is withdrawn by the landlord; | |
(b) the proceedings are determined in favour of the tenant; | |
(c) the period of 6 months beginning with the date on which the | |
notice is served ends and no proceedings for possession have | |
been brought. | 10 |
(5) A tenancy does not come to an end merely because it ceases to be a | |
demoted tenancy. | |
143C Change of landlord | |
(1) A tenancy continues to be a demoted tenancy for the duration of the | |
demotion period if— | 15 |
(a) at the time the demoted tenancy is created the interest of the | |
landlord belongs to a local housing authority or a housing | |
action trust, and | |
(b) during the demotion period the interest of the landlord | |
transfers to another person who is a local housing authority | 20 |
or a housing action trust. | |
(2) Subsections (3) and (4) apply if— | |
(a) at the time the demoted tenancy is created the interest of the | |
landlord belongs to a local housing authority or a housing | |
action trust, and | 25 |
(b) during the demotion period the interest of the landlord | |
transfers to a person who is not such a body. | |
(3) If the new landlord is a registered social landlord or a person who | |
does not satisfy the landlord condition the tenancy becomes an | |
assured shorthold tenancy. | 30 |
(4) If the new landlord is not a registered social landlord and does | |
satisfy the landlord condition the tenancy becomes a secure tenancy. | |
(5) The landlord condition must be construed in accordance with section | |
80 of the Housing Act 1985. | |
Proceedings for possession | 35 |
143D Proceedings for possession | |
(1) The landlord may only bring a demoted tenancy to an end by | |
obtaining an order of the court for possession of the dwelling-house. | |
(2) The court must make an order for possession unless it thinks that the | |
procedure under sections 143E and 143F has not been followed. | 40 |
(3) If the court makes such an order the tenancy comes to an end on the | |
date on which the tenant is to give up possession in pursuance of the | |
order. | |
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143E Notice of proceedings for possession | |
(1) Proceedings for possession of a dwelling-house let under a demoted | |
tenancy must not be brought unless the landlord has served on the | |
tenant a notice of proceedings under this section. | |
(2) The notice must— | 5 |
(a) state that the court will be asked to make an order for the | |
possession of the dwelling-house; | |
(b) set out the reasons for the landlord’s decision to apply for the | |
order; | |
(c) specify the date after which proceedings for the possession of | 10 |
the dwelling-house may be begun; | |
(d) inform the tenant of his right to request a review of the | |
landlord’s decision and of the time within which the request | |
must be made. | |
(3) The date specified under subsection (2)(c) must not be earlier than | 15 |
the date on which the tenancy could (apart from this Chapter) be | |
brought to an end by notice to quit given by the landlord on the same | |
date as the notice of proceedings. | |
(4) The court must not entertain proceedings begun on or before the | |
date specified under subsection (2)(c). | 20 |
(5) The notice must also inform the tenant that if he needs help or | |
advice— | |
(a) about the notice, or | |
(b) about what to do about the notice, | |
he must take the notice immediately to a Citizen’s Advice Bureau, a | 25 |
housing aid centre, a law centre or a solicitor. | |
143F Review of decision to seek possession | |
(1) Before the end of the period of 14 days beginning with the date of | |
service of a notice for possession of a dwelling-house let under a | |
demoted tenancy the tenant may request the landlord to review its | 30 |
decision to seek an order for possession. | |
(2) If a request is made in accordance with subsection (1) the landlord | |
must review the decision. | |
(3) The Secretary of State may by regulations make provision as to the | |
procedure to be followed in connection with a review under this | 35 |
section. | |
(4) The regulations may include provision— | |
(a) requiring the decision on review to be made by a person of | |
appropriate seniority who was not involved in the original | |
decision; | 40 |
(b) as to the circumstances in which the tenant is entitled to an | |
oral hearing, and whether and by whom he may be | |
represented at the hearing. | |
(5) The landlord must notify the tenant— | |
(a) of the decision on the review; | 45 |
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(b) of the reasons for the decision. | |
(6) The review must be carried out and notice given under subsection (5) | |
before the date specified in the notice of proceedings as the date after | |
which proceedings for possession of the dwelling-house may be | |
begun. | 5 |
143G Effect of proceedings for possession | |
(1) This section applies if the landlord has begun proceedings for the | |
possession of a dwelling-house let under a demoted tenancy and— | |
(a) the demotion period ends, or | |
(b) any of paragraphs (a) to (c) of section 143B(2) applies | 10 |
(circumstances in which a tenancy ceases to be a demoted | |
tenancy). | |
(2) If any of paragraphs (a) to (c) of section 143B(2) applies the tenancy | |
ceases to be a demoted tenancy but the landlord (or the new landlord | |
as the case may be) may continue the proceedings. | 15 |
(3) Subsection (4) applies if in accordance with subsection (2) a tenancy | |
ceases to be a demoted tenancy and becomes a secure tenancy. | |
(4) The tenant is not entitled to exercise the right to buy unless— | |
(a) the proceedings are finally determined, and | |
(b) he is not required to give up possession of the dwelling- | 20 |
house. | |
(5) The proceedings must be treated as finally determined if— | |
(a) they are withdrawn; | |
(b) any appeal is abandoned; | |
(c) the time for appealing expires without an appeal being | 25 |
brought. | |
Succession | |
143H Succession to demoted tenancy | |
(1) This section applies if the tenant under a demoted tenancy dies. | |
(2) If the tenant was a successor, the tenancy— | 30 |
(a) ceases to be a demoted tenancy, but | |
(b) does not become a secure tenancy. | |
(3) In any other case a person is qualified to succeed the tenant if— | |
(a) he occupies the dwelling-house as his only or principal home | |
at the time of the tenant’s death, | 35 |
(b) he is a member of the tenant’s family, and | |
(c) he has resided with the tenant throughout the period of 12 | |
months ending with the tenant’s death. | |
(4) If only one person is qualified to succeed under subsection (3) the | |
tenancy vests in him by virtue of this section. | 40 |
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(5) If there is more than one such person the tenancy vests by virtue of | |
this section in the person preferred in accordance with the following | |
rules— | |
(a) the tenant’s spouse or (if the tenant has no spouse) the person | |
mentioned in section 143P(1)(b) is to be preferred to another | 5 |
member of the tenant’s family; | |
(b) if there are two or more other members of the tenant’s family | |
the person preferred may be agreed between them or (if there | |
is no such agreement) selected by the landlord. | |
143I No successor tenant: termination | 10 |
(1) This section applies if the demoted tenant dies and no person is | |
qualified to succeed to the tenancy as mentioned in section 143H(3). | |
(2) The tenancy ceases to be a demoted tenancy if either subsection (3) | |
or (4) applies. | |
(3) This subsection applies if the tenancy is vested or otherwise disposed | 15 |
of in the course of the administration of the tenant’s estate unless the | |
vesting or other disposal is in pursuance of an order under— | |
(a) section 23A or 24 of the Matrimonial Causes Act 1973 | |
(property adjustment orders in connection with matrimonial | |
proceedings); | 20 |
(b) section 17(1) of the Matrimonial and Family Proceedings Act | |
1984 (property adjustment orders after overseas divorce, etc); | |
(c) paragraph 1 of Schedule 1 to the Children Act 1989 (orders | |
for financial relief against parents). | |
(4) This subsection applies if it is known that when the tenancy is vested | 25 |
or otherwise disposed of in the course of the administration of the | |
tenant’s estate it will not be in pursuance of an order mentioned in | |
subsection (3). | |
(5) A tenancy which ceases to be a demoted tenancy by virtue of this | |
section cannot subsequently become a secure tenancy. | 30 |
143J Successor tenants | |
(1) This section applies for the purpose of sections 143H and 143I. | |
(2) A person is a successor to a secure tenancy which is terminated by a | |
demotion order if any of subsections (3) to (6) applies to him. | |
(3) The tenancy vested in him— | 35 |
(a) by virtue of section 89 of the Housing Act 1985 or section 133 | |
of this Act; | |
(b) under the will or intestacy of the preceding tenant. | |
(4) The tenancy arose by virtue of section 86 of the Housing Act 1985 and | |
the original fixed term was granted— | 40 |
(a) to another person, or | |
(b) to him jointly with another person. | |
(5) He became the tenant on the tenancy being assigned to him unless— | |
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(a) the tenancy was assigned in proceedings under section 23A | |
or 24 of the Matrimonial Causes Act 1973 (property | |
adjustment orders in connection with matrimonial | |
proceedings) or section 17(1) of the Matrimonial and Family | |
Proceedings Act 1984 (property adjustment orders after | 5 |
overseas divorce, etc), and | |
(b) neither he nor the other party to the marriage was a | |
successor. | |
(6) He became the tenant on assignment under section 92 of the Housing | |
Act 1985 if he himself was a successor to the tenancy which he | 10 |
assigned in exchange. | |
(7) A person is the successor to a demoted tenancy if the tenancy vested | |
in him by virtue of section 143H(4) or (5). | |
(8) A person is the successor to a joint tenancy if he has become the sole | |
tenant. | 15 |
Assignment | |
143K Restriction on assignment | |
(1) A demoted tenancy is not capable of being assigned except as | |
mentioned in subsection (2). | |
(2) The exceptions are assignment in pursuance of an order made | 20 |
under— | |
(a) section 24 of the Matrimonial Causes Act 1973 (property | |
adjustment orders in connection with matrimonial | |
proceedings); | |
(b) section 17(1) of the Matrimonial and Family Proceedings Act | 25 |
1984 (property adjustment orders after overseas divorce, | |
etc.); | |
(c) paragraph 1 of Schedule 1 to the Children Act 1989 (orders | |
for financial relief against parents). | |
Repairs | 30 |
143L Right to carry out repairs | |
The Secretary of State may by regulations under section 96 of the | |
Housing Act 1985 (secure tenants: right to carry out repairs) apply to | |
demoted tenants any provision made under that section in relation | |
to secure tenants. | 35 |
Provision of information | |
143M Provision of information | |
(1) This section applies to a local housing authority or a housing action | |
trust if it is the landlord of a demoted tenancy. | |
(2) The landlord must from time to time publish information about the | 40 |
demoted tenancy in such form as it thinks best suited to explain in | |
simple terms and so far as it considers appropriate the effect of— | |
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