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Housing Act 1996 (c. 52)

(The document as of February, 2008)

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107 Collective enfranchisement: multiple freeholders

(1) In section 3 of the Leasehold Reform, Housing and Urban Development Act 1993 (premises in respect of which the right to collective enfranchisement is exercisable), in subsection (1)(a), the words "and the freehold of the whole of the building or of that part of the building is owned by the same person" shall be omitted.

(2) In section 4 of that Act (premises excluded from the right to collective enfranchisement), after subsection (3) there shall be inserted--

" (3A) Where different persons own the freehold of different parts of premises within subsection (1) of section 3, this Chapter does not apply to the premises if any of those parts is a self-contained part of a building for the purposes of that section. "

(3) In section 1(3) of that Act (additional property which may be acquired by tenants exercising the right to collective enfranchisement), the words "the freehold of it is owned by the person who owns the freehold of the relevant premises and" shall be omitted.

(4) Schedule 10 (amendments consequential on this section) shall have effect.



Valuation

108 Collective enfranchisement: removal of need for professional valuation of interests to be acquired

In section 13 of the [1993 c. 28.] Leasehold Reform, Housing and Urban Development Act 1993 (notice by qualifying tenants of claim to exercise right to collective enfranchisement) subsection (6) (tenants to obtain professional valuation of interests proposed to be acquired before giving notice) shall cease to have effect.

109 Collective enfranchisement: valuation principles

(1) Schedule 6 to the Leasehold Reform, Housing and Urban Development Act 1993 (purchase price payable by nominee purchaser) shall be amended as follows.

(2) In paragraph 3(1) (freeholder's interest to be valued on the basis that neither the nominee purchaser nor any participating tenant is in the market) for "neither the nominee purchaser nor any participating tenant" there shall be substituted "no person who falls within sub-paragraph (1A)".

(3) After paragraph 3(1) there shall be inserted--

" (1A) A person falls within this sub-paragraph if he is--

(a) the nominee purchaser, or

(b) a tenant of premises contained in the specified premises, or

(c) an owner of an interest which the nominee purchaser is to acquire in pursuance of section 2(1)(b). "

(4) In paragraph 7 (value of intermediate leasehold interests) after sub-paragraph (1) there shall be inserted--

" (1A) In its application in accordance with sub-paragraph (1), paragraph 3(1A) shall have effect with the addition after paragraph (a) of--

" (aa) an owner of a freehold interest in the specified premises, or " "

(5) In paragraph 11 (value of other interests) after sub-paragraph (3) there shall be inserted--

" (4) In its application in accordance with sub-paragraph (2) above, paragraph 3(1A) shall have effect with the addition after paragraph (a) of--

" (aa) an owner of a freehold interest in the specified premises, or " "

110 New leases: valuation principles

(1) Schedule 13 to the Leasehold Reform, Housing and Urban Development Act 1993 (premium and other amounts payable by tenant on grant of new lease) shall be amended as mentioned in subsections (2) to (4) below.

(2) In paragraph 3(2) (landlord's interest to be valued on the basis that the tenant is not buying or seeking to buy) for "the tenant not" there shall be substituted "neither the tenant nor any owner of an intermediate leasehold interest".

(3) In paragraph 4(3) (calculation of marriage value) for paragraph (a) (value of tenant's interest) there shall be substituted--

" (a) the value of the interest of the tenant under his existing lease shall be determined in accordance with paragraph 4A;

(aa) the value of the interest to be held by the tenant under the new lease shall be determined in accordance with paragraph 4B; " , and, in paragraph (b), for "that sub-paragraph" there shall be substituted "sub-paragraph (2)".

(4) After paragraph 4 there shall be inserted--

" 4A (1) Subject to the provisions of this paragraph, the value of the interest of the tenant under the existing lease is the amount which at the valuation date that interest might be expected to realise if sold on the open market by a willing seller (with neither the landlord nor any owner of an intermediate leasehold interest buying or seeking to buy) on the following assumptions--

(a) on the assumption that the vendor is selling such interest as is held by the tenant subject to any interest inferior to the interest of the tenant;

(b) on the assumption that Chapter I and this Chapter confer no right to acquire any interest in any premises containing the tenant's flat or to acquire any new lease;

(c) on the assumption that any increase in the value of the flat which is attributable to an improvement carried out at his own expense by the tenant or by any predecessor in title is to be disregarded; and

(d) on the assumption that (subject to paragraph (b)) the vendor is selling with and subject to the rights and burdens with and subject to which any interest inferior to the existing lease of the tenant has effect.

(2) It is hereby declared that the fact that sub-paragraph (1) requires assumptions to be made in relation to particular matters does not preclude the making of assumptions as to other matters where those assumptions are appropriate for determining the amount which at the valuation date the interest of the tenant under his existing lease might be expected to realise if sold as mentioned in that sub-paragraph.

(3) In determining any such amount there shall be made such deduction (if any) in respect of any defect in title as on a sale of that interest on the open market might be expected to be allowed between a willing seller and a willing buyer.

(4) Subject to sub-paragraph (5), the value of the interest of the tenant under his existing lease shall not be increased by reason of--

(a) any transaction which--

(i) is entered into after 19th January 1996, and

(ii) involves the creation or transfer of an interest inferior to the tenant's existing lease; or

(b) any alteration after that date of the terms on which any such inferior interest is held.

(5) Sub-paragraph (4) shall not apply to any transaction which falls within paragraph (a) of that sub-paragraph if--

(a) the transaction is entered into in pursuance of a contract entered into on or before the date mentioned in that paragraph; and

(b) the amount of the premium payable by the tenant in respect of the grant of the new lease was determined on or before that date either by agreement or by a leasehold valuation tribunal under this Chapter.

4B (1) Subject to the provisions of this paragraph, the value of the interest to be held by the tenant under the new lease is the amount which at the valuation date that interest (assuming it to have been granted to him at that date) might be expected to realise if sold on the open market by a willing seller (with the owner of any interest superior to the interest of the tenant not buying or seeking to buy) on the following assumptions--

(a) on the assumption that the vendor is selling such interest as is to be held by the tenant under the new lease subject to the inferior interests to which the tenant's existing lease is subject at the valuation date;

(b) on the assumption that Chapter I and this Chapter confer no right to acquire any interest in any premises containing the tenant's flat or to acquire any new lease;

(c) on the assumption that there is to be disregarded any increase in the value of the flat which would fall to be disregarded under paragraph (c) of sub-paragraph (1) of paragraph 4A in valuing in accordance with that sub-paragraph the interest of the tenant under his existing lease; and

(d) on the assumption that (subject to paragraph (b)) the vendor is selling with and subject to the rights and burdens with and subject to which any interest inferior to the tenant's existing lease at the valuation date then has effect.

(2) It is hereby declared that the fact that sub-paragraph (1) requires assumptions to be made in relation to particular matters does not preclude the making of assumptions as to other matters where those assumptions are appropriate for determining the amount which at the valuation date the interest to be held by the tenant under the new lease might be expected to realise if sold as mentioned in that sub-paragraph.

(3) In determining any such amount there shall be made such deduction (if any) in respect of any defect in title as on a sale of that interest on the open market might be expected to be allowed between a willing seller and a willing buyer.

(4) Subject to sub-paragraph (5), the value of the interest to be held by the tenant under the new lease shall not be decreased by reason of--

(a) any transaction which--

(i) is entered into after 19th January 1996, and

(ii) involves the creation or transfer of an interest inferior to the tenant's existing lease; or

(b) any alteration after that date of the terms on which any such inferior interest is held.

(5) Sub-paragraph (4) shall not apply to any transaction which falls within paragraph (a) of that sub-paragraph if--

(a) the transaction is entered into in pursuance of a contract entered into on or before the date mentioned in that paragraph; and

(b) the amount of the premium payable by the tenant in respect of the grant of the new lease was determined on or before that date either by agreement or by a leasehold valuation tribunal under this Chapter. "

(5) This section applies in relation to any claim made after 19th January 1996 by the giving of notice under section 42 of the Act of 1993 unless the amount of the premium payable in pursuance of the claim has been determined, either by agreement or by a leasehold valuation tribunal under Chapter II of the Act of 1993, before the day on which this Act is passed.



Trusts

111 Satisfaction of residence condition: collective enfranchisement

(1) In section 6 of the [1993 c. 28.] Leasehold Reform, Housing and Urban Development Act 1993 (which provides when a qualifying tenant of a flat satisfies the residence condition) for subsection (4) there shall be substituted--

" (4) Subsection (1) shall not apply where a lease is vested in trustees (other than a sole tenant for life within the meaning of the [1925 c. 18.] Settled Land Act 1925), and, in that case, a qualifying tenant of a flat shall, for the purposes of this Chapter, be treated as satisfying the residence condition at any time when the condition in subsection (5) is satisfied with respect to an individual having an interest under the trust (whether or not also a trustee).

(5) That condition is that the individual has occupied the flat as his only or principal home--

(a) for the last twelve months, or

(b) for periods amounting to three years in the last ten years,

whether or not he has used the flat also for other purposes.

(6) For the purposes of subsection (5)--

(a) any reference to the flat includes a reference to part of it; and

(b) it is immaterial whether at any particular time the individual's occupation was in right of the lease by virtue of which the trustees are a qualifying tenant or in right of some other lease or otherwise. "

(2) In section 13(3)(e)(iii) of that Act (particulars of satisfaction of residence condition to be included in the notice by which qualifying tenants exercise right to collective enfranchisement)--

(a) after "which he" there shall be inserted ", or, where the tenant's lease is vested as mentioned in section 6(4), the individual concerned,", and

(b) for "his", in the first place where it occurs, there shall be substituted "the".

112 Satisfaction of residence condition: new leases

(1) Section 39 of the [1993 c. 28.] Leasehold Reform, Housing and Urban Development Act 1993 (right of qualifying tenant of flat to acquire new lease) shall be amended as mentioned in subsections (2) to (4) below.

(2) In subsection (2) (circumstances in which the right conferred) for paragraph (b) (residence condition) there shall be substituted--

" (b) the condition specified in subsection (2A) or, as the case may be, (2B) is satisfied.

(2A) Where the lease by virtue of which the tenant is a qualifying tenant is vested in trustees (other than a sole tenant for life within the meaning of the [1925 c. 18.] Settled Land Act 1925), the condition is that an individual having an interest under the trust (whether or not also a trustee) has occupied the flat as his only or principal home--

(a) for the last three years, or

(b) for periods amounting to three years in the last ten years,

whether or not he has used it also for other purposes.

(2B) Where the lease by virtue of which the tenant is a qualifying tenant is not vested as mentioned in subsection (2A), the condition is that the tenant has occupied the flat as his only or principal home--

(a) for the last three years, or

(b) for periods amounting to three years in the last ten years,

whether or not he has used it also for other purposes. "

(3) After subsection (4) there shall be inserted--

" (4A) For the purposes of subsection (2A)--

(a) any reference to the flat includes a reference to part of it; and

(b) it is immaterial whether at any particular time the individual's occupation was in right of the lease by virtue of which the trustees are a qualifying tenant or in right of some other lease or otherwise. "

(4) In subsection (5), for "(2)(b)" there shall be substituted "(2B)".

(5) In section 42 of that Act (notice by qualifying tenant of claim to exercise right) for subsection (4) there shall be substituted--

" (4) If the tenant's lease is vested as mentioned in section 39(2A), the reference to the tenant in subsection (3)(b)(iv) shall be read as a reference to any individual with respect to whom it is claimed the condition in section 39(2A) is satisfied. "

113 Powers of trustees

After section 93 of the Leasehold Reform, Housing and Urban Development Act 1993 there shall be inserted--

" 93A Powers of trustees in relation to rights under Chapters I and II

(1) Where trustees are a qualifying tenant of a flat for the purposes of Chapter I or II, their powers under the instrument regulating the trusts shall include power to participate in the exercise of the right to collective enfranchisement under Chapter I or, as the case may be, to exercise the right to a new lease under Chapter II.

(2) Subsection (1) shall not apply where the instrument regulating the trusts--

(a) is made on or after the day on which section 113 of the Housing Act 1996 comes into force, and

(b) contains an explicit direction to the contrary.

(3) The powers conferred by subsection (1) shall be exercisable with the like consent or on the like direction (if any) as may be required for the exercise of the trustees' powers (or ordinary powers) of investment.

(4) The following purposes, namely--

(a) those authorised for the application of capital money by section 73 of the [1925 c. 18.] Settled Land Act 1925, or by that section as applied by section 28 of the [1925 c. 20.] Law of Property Act 1925 in relation to trusts for sale, and

(b) those authorised by section 71 of the Settled Land Act 1925, or by that section as so applied, as purposes for which moneys may be raised by mortgage,

shall include the payment of any expenses incurred by a tenant for life or statutory owners or by trustees for sale, as the case may be, in or in connection with participation in the exercise of the right to collective enfranchisement under Chapter I or in or in connection with the exercise of the right to a new lease under Chapter II. "



Miscellaneous

114 Minor amendment of section 1(1)(a) of Leasehold Reform Act 1967

In section 1 of the [1967 c. 88.] Leasehold Reform Act 1967 (tenants entitled to enfranchisement or extension), in subsection (1)(a)--

(a) in sub-paragraph (i), for the words from "or (where" to "that date," there shall be substituted ", or on or after 1st April 1990 in pursuance of a contract made before that date, and the house and premises had a rateable value at the date of commencement of the tenancy or else at any time before 1st April 1990,", and

(b) in sub-paragraph (ii), for the words from "is entered" to "1990)," there shall be substituted "does not fall within sub-paragraph (i) above,".

115 Power for leasehold valuation tribunal to determine amount of costs payable under Leasehold Reform Act 1967

In section 21(1) of the Leasehold Reform Act 1967 (matters to be determined by leasehold valuation tribunal), after paragraph (b) there shall be inserted--

" (ba) the amount of any costs payable under section 9(4) or 14(2); "

116 Compensation for postponement of termination in connection with ineffective claims

Schedule 11 (which makes, in relation to claims to enfranchisement or an extended lease under Part I of the Leasehold Reform Act 1967 and claims to collective enfranchisement or a new lease under Chapter I or II of Part I of the [1993 c. 28.] Leasehold Reform, Housing and Urban Development Act 1993, provision for compensation of the landlord where the claim has prolonged an existing tenancy, but is ineffective) shall have effect.

117 Priority of interests on grant of new lease

After section 58 of the [1993 c. 28.] Leasehold Reform, Housing and Urban Development Act 1993 there shall be inserted--

" 58A Priority of interests on grant of new lease

(1) Where a lease granted under section 56 takes effect subject to two or more interests to which the existing lease was subject immediately before its surrender, the interests shall have the same priority in relation to one another on the grant of the new lease as they had immediately before the surrender of the existing lease.

(2) Subsection (1) is subject to agreement to the contrary.

(3) Where a person who is entitled on the grant of a lease under section 56 to rights of occupation in relation to the flat comprised in that lease was entitled immediately before the surrender of the existing lease to rights of occupation in relation to the flat comprised in that lease, the rights to which he is entitled on the grant of the new lease shall be treated as a continuation of the rights to which he was entitled immediately before the surrender of the existing lease.

(4) In this section--

  • "the existing lease", in relation to a lease granted under section 56, means the lease surrendered on the grant of the new lease, and

  • "rights of occupation" has the same meaning as in the [1983 c. 19.] Matrimonial Homes Act 1983. "

118 Estate management schemes in connection with enfranchisement by virtue of s. 106

(1) Chapter IV of Part I of the 1993 Act, except section 75(1), (estate management schemes in connection with enfranchisement by virtue of that Act) shall also have effect subject to the modifications mentioned in subsections (2) to (4) below.

(2) In section 69(1) (definition of estate management schemes), for paragraphs (a) and (b) there shall be substituted--

" (a) acquiring the landlord's interest in their house and premises ("the house") under Part I of the [1967 c. 88.] Leasehold Reform Act 1967 by virtue of the provisions of section 1AA of that Act (as inserted by paragraph 1 of Schedule 9 to the Housing Act 1996), or

(b) acquiring the landlord's interest in any premises ("the premises") in accordance with Chapter I of this Part of this Act by virtue of the amendments of that Chapter made by paragraph 3 of Schedule 9 to the Housing Act 1996, "

(3) In section 70 (time limit for applications for approval), for "two years beginning with the date of the coming into force of this section" there shall be substituted "two years beginning with the coming into force of section 118 of the Housing Act 1996".

(4) In section 74 (effect of application for approval on claim to acquire freehold), in subsection (1)--

(a) in paragraph (b), in sub-paragraph (i), the words from "being" to the end shall be omitted, and

(b) after that paragraph there shall be inserted " and

(c) in the case of an application for the approval of a scheme as an estate management scheme, the scheme would extend to the house or premises if acquired in pursuance of the notice. "

(5) Section 94(6) to (8) of the 1993 Act (estate management schemes relating to Crown land) shall also have effect with the substitution for any reference to a provision of Chapter IV of Part I of that Act of a reference to that provision as it has effect by virtue of subsection (1) above.

(6) In section 33 of the [1983 c. 47.] National Heritage Act 1983 (general functions of the Historic Buildings and Monuments Commission for England), after subsection (2B) there shall be inserted--

" (2C) In subsection (2B), references to provisions of the [1993 c. 28.] Leasehold Reform, Housing and Urban Development Act 1993 include references to those provisions as they have effect by virtue of section 118(1) of the Housing Act 1996. "

(7) In section 72 of the [1990 c. 9.] Planning (Listed Buildings and Conservation Areas) Act 1990 (general duty as respects conservation area in exercise of planning functions), at the end there shall be inserted--

" (3) In subsection (2), references to provisions of the Leasehold Reform, Housing and Urban Development Act 1993 include references to those provisions as they have effect by virtue of section 118(1) of the Housing Act 1996. "

(8) In this section, "the 1993 Act" means the Leasehold Reform, Housing and Urban Development Act 1993.

119 Leasehold valuation tribunals: pre-trial review

(1) Procedure regulations may make provision in relation to proceedings before a leasehold valuation tribunal--

(a) for the holding of a pre-trial review, on the application of a party to the proceedings or of the tribunal's own motion; and

(b) for the exercise of the functions of the tribunal in relation to, or at, a pre-trial review by a single member who is qualified to exercise them.

(2) In subsection (1) "procedure regulations" means regulations under section 74(1)(b) of the [1977 c. 42.] Rent Act 1977, as that section applies in relation to leasehold valuation tribunals.

(3) For the purposes of subsection (1)(b)--

(a) a"member" means a member of the panel provided for in Schedule 10 to that Act, and

(b) a member is qualified to exercise the functions referred to if he was appointed to that panel by the Lord Chancellor.



Part IV Housing benefit and related matters

120 Payment of housing benefit to third parties

(1) In section 5 of the [1992 c. 5.] Social Security Administration Act 1992 (regulations about claims for and payments of benefit), after subsection (5) insert--

" (6) As it has effect in relation to housing benefit subsection (1)(p) above authorises provision requiring the making of payments of benefit to another person, on behalf of the beneficiary, in such circumstances as may be prescribed. "

(2) The above amendment shall be deemed always to have had effect; and provision corresponding to that made by the amendment shall be deemed to have had effect at all material times in relation to corresponding earlier enactments.

121 Administration of housing benefit, &c

Part VIII of the Social Security Administration Act 1992 (arrangements for housing benefit and council tax benefit and related subsidies) is amended in accordance with Schedule 12.

122 Functions of rent officers in connection with housing benefit and rent allowance subsidy

(1) The Secretary of State may by order require rent officers to carry out such functions as may be specified in the order in connection with housing benefit and rent allowance subsidy.

(2) Without prejudice to the generality of subsection (1), an order under this section may contain provision--

(a) enabling a prospective landlord to apply for a determination for the purposes of any application for housing benefit which may be made by a tenant of a dwelling which he proposes to let;

(b) as to the payment of a fee by the landlord for that determination;

(c) requiring the landlord to give a copy of the determination to the appropriate local authority; and

(d) enabling the appropriate local authority to seek a redetermination when a claim for housing benefit or rent allowance subsidy is made.

(3) Regulations under section 130(4) of the [1992 c. 4.] Social Security Contributions and Benefits Act 1992 (housing benefit: manner of determining appropriate maximum benefit) may provide for benefit to be limited by reference to determinations made by rent officers in exercise of functions conferred under this section.

(4) In relation to rent allowance subsidy, the Secretary of State may by order under section 140B of the Social Security Administration Act 1992--

(a) provide for any calculation under subsection (2) of that section to be made,

(b) specify any additions and deductions as are referred to in that subsection, and

(c) exercise his discretion as to what is unreasonable for the purposes of subsection (4) of that section,

by reference to determinations made by rent officers in exercise of functions conferred on them under this section.

(5) The Secretary of State may by any such regulations or order as are mentioned in subsection (3) or (4) require a local authority in any prescribed case--

(a) to apply to a rent officer for a determination to be made in pursuance of the functions conferred on them under this section, and

(b) to do so within such time as may be specified in the order or regulations.

(6) An order under this section--

(a) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament;

(b) may make different provision for different cases or classes of case and for different areas; and

(c) may contain such transitional, incidental and supplementary provisions as appear to the Secretary of State to be desirable.

(7) In this section "housing benefit" and "rent allowance subsidy" have the same meaning as in Part VIII of the [1992 c. 5.] Social Security Administration Act 1992.

123 Consequential amendments: Part IV

The enactments mentioned in Schedule 13 have effect with the amendments specified there which are consequential on the provisions of this Part.



Part V Conduct of tenants

Chapter I Introductory tenancies

General provisions

124 Introductory tenancies

(1) A local housing authority or a housing action trust may elect to operate an introductory tenancy regime.

(2) When such an election is in force, every periodic tenancy of a dwelling-house entered into or adopted by the authority or trust shall, if it would otherwise be a secure tenancy, be an introductory tenancy, unless immediately before the tenancy was entered into or adopted the tenant or, in the case of joint tenants, one or more of them was--

(a) a secure tenant of the same or another dwelling-house, or

(b) an assured tenant of a registered social landlord (otherwise than under an assured shorthold tenancy) in respect of the same or another dwelling-house.

(3) Subsection (2) does not apply to a tenancy entered into or adopted in pursuance of a contract made before the election was made.

(4) For the purposes of this Chapter a periodic tenancy is adopted by a person if that person becomes the landlord under the tenancy, whether on a disposal or surrender of the interest of the former landlord.

(5) An election under this section may be revoked at any time, without prejudice to the making of a further election.

125 Duration of introductory tenancy

(1) A tenancy remains an introductory tenancy until the end of the trial period, unless one of the events mentioned in subsection (5) occurs before the end of that period.

(2) The "trial period" is the period of one year beginning with--

(a) in the case of a tenancy which was entered into by a local housing authority or housing action trust--

(i) the date on which the tenancy was entered into, or

(ii) if later, the date on which a tenant was first entitled to possession under the tenancy; or

(b) in the case of a tenancy which was adopted by a local housing authority or housing action trust, the date of adoption;

subject as follows.

(3) Where the tenant under an introductory tenancy was formerly a tenant under another introductory tenancy, or held an assured shorthold tenancy from a registered social landlord, any period or periods during which he was such a tenant shall count towards the trial period, provided--

(a) if there was one such period, it ended immediately before the date specified in subsection (2), and

(b) if there was more than one such period, the most recent period ended immediately before that date and each period succeeded the other without interruption.

(4) Where there are joint tenants under an introductory tenancy, the reference in subsection (3) to the tenant shall be construed as referring to the joint tenant in whose case the application of that subsection produces the earliest starting date for the trial period.

(5) A tenancy ceases to be an introductory tenancy if, before the end of the trial period--

(a) the circumstances are such that the tenancy would not otherwise be a secure tenancy,

(b) a person or body other than a local housing authority or housing action trust becomes the landlord under the tenancy,

(c) the election in force when the tenancy was entered into or adopted is revoked, or

(d) the tenancy ceases to be an introductory tenancy by virtue of section 133(3) (succession).

(6) A tenancy does not come to an end merely because it ceases to be an introductory tenancy, but a tenancy which has once ceased to be an introductory tenancy cannot subsequently become an introductory tenancy.

(7) This section has effect subject to section 130 (effect of beginning proceedings for possession).

126 Licences

(1) The provisions of this Chapter 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.

(2) Subsection (1) 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).



Proceedings for possession

127 Proceedings for possession

(1) The landlord may only bring an introductory tenancy to an end by obtaining an order of the court for the possession of the dwelling-house.

(2) The court shall make such an order unless the provisions of section 128 apply.

(3) Where 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.

128 Notice of proceedings for possession

(1) The court shall not entertain proceedings for the possession of a dwelling-house let under an introductory tenancy unless the landlord has served on the tenant a notice of proceedings complying with this section.

(2) The notice shall state that the court will be asked to make an order for the possession of the dwelling-house.

(3) The notice shall set out the reasons for the landlord's decision to apply for such an order.

(4) The notice shall specify a date after which proceedings for the possession of the dwelling-house may be begun.

The date so specified must not be earlier than 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.

(5) The court shall not entertain any proceedings for possession of the dwelling-house unless they are begun after the date specified in the notice of proceedings.

(6) The notice shall inform the tenant of his right to request a review of the landlord's decision to seek an order for possession and of the time within which such a request must be made.

(7) The notice shall also inform the tenant that if he needs help or advice about the notice, and what to do about it, he should take it immediately to a Citizens' Advice Bureau, a housing aid centre, a law centre or a solicitor.

129 Review of decision to seek possession

(1) A request for review of the landlord's decision to seek an order for possession of a dwelling-house let under an introductory tenancy must be made before the end of the period of 14 days beginning with the day on which the notice of proceedings is served.

(2) On a request being duly made to it, the landlord shall review its decision.

(3) The Secretary of State may make provision by regulations as to the procedure to be followed in connection with a review under this section.

Nothing in the following provisions affects the generality of this power.

(4) Provision may be made by regulations--

(a) requiring the decision on review to be made by a person of appropriate seniority who was not involved in the original decision, and

(b) as to the circumstances in which the person concerned is entitled to an oral hearing, and whether and by whom he may be represented at such a hearing.

(5) The landlord shall notify the person concerned of the decision on the review.

If the decision is to confirm the original decision, the landlord shall also notify him of the reasons for the decision.

(6) The review shall be carried out and the tenant notified before the date specified in the notice of proceedings as the date after which proceedings for the possession of the dwelling-house may be begun.

130 Effect of beginning proceedings for possession

(1) This section applies where the landlord has begun proceedings for the possession of a dwelling-house let under an introductory tenancy and--

(a) the trial period ends, or

(b) any of the events specified in section 125(5) occurs (events on which a tenancy ceases to be an introductory tenancy).

(2) Subject to the following provisions, the tenancy remains an introductory tenancy until--

(a) the tenancy comes to an end in pursuance of section 127(3) (that is, on the date on which the tenant is to give up possession in pursuance of an order of the court), or

(b) the proceedings are otherwise finally determined.

(3) If any of the events specified in section 125(5)(b) to (d) occurs, the tenancy shall thereupon cease to be an introductory tenancy but--

(a) the landlord (or, as the case may be, the new landlord) may continue the proceedings, and

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