Section 97: Corresponding new ground and notice requirements for assured tenancies

Anti-social Behaviour, Crime and Policing Act 2014 · 2014 c. 12View on legislation.gov.uk

Part 5: Recovery of possession of dwelling-houses: anti-social behaviour grounds

In Part 1 of Schedule 2 to the Housing Act 1988 (assured tenancies: grounds on which court must order possession), after ground 7 there is inserted—

In section 8 of that Act (notice of proceedings for possession)—

in subsection (3)(b), for "subsections (4)" there is substituted ;" subsections (3A) "
after subsection (3) there is inserted—3AIf 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—ain 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;bin the case of a fixed term tenancy, one month after the date on which the notice was served.;
in subsection (4), for "(whether with or without other grounds)" there is substituted ;" (whether without other grounds or with any ground other than Ground 7A) "
in subsection (4A), after "other than Ground" there is inserted ;" 7A or "
after subsection (4B) there is inserted—4CA 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).4DWhere the landlord proposes to rely on condition 1, 3 or 5 in Ground 7A, the notice must be served on the tenant within—athe period of 12 months beginning with the day of the conviction, orbif 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.4EWhere the landlord proposes to rely on condition 2 in Ground 7A, the notice must be served on the tenant within—athe period of 12 months beginning with the day on which the court has made the finding, orbif 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the finding, the period of 12 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn.4FWhere the landlord proposes to rely on condition 4 in Ground 7A, the notice must be served on the tenant within—athe period of 3 months beginning with the day on which the closure order was made, orbif 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.;
in subsection (5), after "Ground" there is inserted ." 7A or "

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