Section 215C: Sections 215A and 215B: transitional provisions, Housing Act 2004

Sections 215A and 215B are treated as having had effect since 6 April 2007, subject to the following provisions of this section.

Sections 215A and 215B do not have effect in relation to—

a claim under section 214 of this Act or section 21 of the Housing Act 1988 in respect of a tenancy which is settled before the commencement date (whether or not proceedings in relation to the claim have been instituted), or

proceedings under either of those sections in respect of a tenancy which have been finally determined before the commencement date.

Subsection (5) applies in respect of a tenancy if—

proceedings under section 214 in respect of the tenancy have been instituted before the commencement date but have not been settled or finally determined before that date, and

because of section 215A(4) or 215B(2), the court decides—

not to make an order under section 214(4) in respect of the tenancy, or

to allow an appeal by the landlord against such an order.

Subsection (5) also applies in respect of a tenancy if—

proceedings for possession under section 21 of the Housing Act 1988 in respect of the tenancy have been instituted before the commencement date but have not been settled or finally determined before that date, and

because of section 215A(4) or 215B(2), the court decides—

to make an order for possession under that section in respect of the tenancy, or

to allow an appeal by the landlord against a refusal to make such an order.

Where this subsection applies, the court must not order the tenant or any relevant person (as defined by section 213(10)) to pay the landlord's costs, to the extent that the court reasonably considers those costs are attributable to the proceedings under section 214 of this Act or (as the case may be) section 21 of the Housing Act 1988.

Proceedings have been "finally determined" for the purposes of this section if —

they have been determined by a court, and

there is no further right to appeal against the determination.

There is no further right to appeal against a court determination if there is no right to appeal against the determination, or there is such a right but—

the time limit for making an appeal has expired without an appeal being brought, or

an appeal brought within that time limit has been withdrawn.

In this section "the commencement date" means the date on which the Deregulation Act 2015 is passed.

Section 215C: Sections 215A and 215B: transitional provisions

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