SCHEDULE
Article 2
AMENDMENTS
In section 29(4)(e) of the Land Compensation Act 1973 (right to home loss payment)2omit “or” at the end of sub-paragraph (ii) and insert at the end of sub-paragraph (iii)—
“, or
(iv)
(iv) Chapter 1 of Part V of the Housing Act 1996 (introductory tenancies) applies to the licence.”
In the Matrimonial Homes Act 19833—
(a) in section 1(6)4(rights concerning matrimonial home where one spouse has no estate etc.) after “secure tenancies)” insert “and Chapter I of Part V of the Housing Act 1996 (introductory tenancies)”, and
(b) in Schedule 1 (transfers of certain tenancies on divorce etc.)—
(i) at the end of paragraph 1(1)(d)5insert—
“, or
(e)
(e) an introductory tenancy within the meaning of Chapter I of Part V of the Housing Act 1996,”;
(ii) in paragraph 1(2) “assured agricultural occupancy” insert “or an introductory tenancy”;
(iii) in paragraph 2(1)6after “Housing Act 1988” insert “or an introductory tenancy within the meaning of Chapter I of Part V of the Housing Act 1996”; and
(iv) after paragraph 2(3), insert—
“3A Where the spouse so entitled is a successor within the meaning of section 132 of the Housing Act 1996, his or her former spouse (or, in the case of judicial separation, his or her spouse) shall be deemed also to be a successor within the meaning of that section.”
(a) The Housing Act 19857is amended in accordance with the following provisions of this paragraph.
(b) In section 25(1) (increase of rent where tenancy not secure) after “secure tenancy” insert “or an introductory tenancy”.
(c) In section 27AB(7)(b)8(management agreements with tenant management organisations) omit “and” at the end of sub-paragraph (ii) and at the end of sub-paragraph (iii) insert—
“, and
(iv)
(iv) in the case of introductory tenants, the provisions of section 137 of the Housing Act 1996 (consultation on matters of housing management).”
(d) In section 32(3) (power to dispose of land held for the purposes of Part II of the 1985 Act)—
(i) after “secure tenancy” where it first occurs insert “or an introductory tenancy”; and
(ii) after “long leases” insert “and introductory tenancies”.
(e) In section 43(1)(a) (consents required for certain disposals not within section 32 of the 1985 Act) after “secure tenancy” insert “or an introductory tenancy”.
(f) In section 56 (minor definitions) after the definitions of “housing accommodation” and “house” insert ““introductory tenancy” has the same meaning as in Chapter I of Part V of the Housing Act 1996;”.
(g) In section 57 (index of defined expressions: Part II) after the entry relating to “insurance company” insert
“introductory tenancy |
section 56”. |
(h) In section 106A (consultation before disposal to private sector landlord)—
(i) in subsection (1)(a), after “secure tenancies” insert “or introductory tenancies”;
(ii) at the end of subsection (1), insert “or introductory tenants”; and
(iii) at the end of subsection (2), insert “in the case of secure tenants and section 137 of the Housing Act 1996 (consultation on matters of housing management) in the case of introductory tenants.”.
(i) After section 111 (county court rules and directions) insert—
“Introductory tenancies
111A. Sections 102(1), (2) and (3)(a), 103 and 108 apply in relation to introductory tenancies as they apply in relation to secure tenancies.”
(j) In section 127(4) (value of dwelling-house)—
(i) in paragraph (b) after “secure tenant” insert “or an introductory tenant”;
(ii) for paragraph (c) substitute—
“(c)
“(c) any member of his family who, immediately before the secure tenancy was granted (or, where an introductory tenancy has become the secure tenancy, immediately before the introductory tenancy was granted), was a secure tenant or, an introductory tenant of the same dwelling-house under another tenancy,”; and
(iii) in the words following paragraph (c) after “a secure tenant” insert “or an introductory tenant”.
(k) After section 127(4) insert—
“5 In this section “introductory tenant” and “introductory tenancy” have the same meaning as in Chapter I of Part V of the Housing Act 1996.”.
(l) In Schedule 3A (consultation before disposal to private sector landlord)—
(i) in paragraphs 1(1) and (2) after “secure tenant” insert “or an introductory tenant”; and
(ii) in paragraph (3)(2)(c) after “and” insert “, in the case of a secure tenant,”.
In paragraph 9(3) of Schedule 1 to the Local Government Act 1988 (competition: housing management)9—
(a) after the definition of “the 1987 Act” insert—
““introductory tenancy” has the same meaning as in Chapter 1 of Part V of the Housing Act 1996;”
(b) in the definition of “tenancy”, after secure tenancy insert “and an introductory tenancy”; and
(c) in the definition of “vacant property” after “secure tenancy” insert “or an introductory tenancy”.
5. Landlord and Tenant Act 1988
In section 5(3) of the Landlord and Tenant Act 198810(interpretation and application), at the end, insert “or to an introductory tenancy (within the meaning of Chapter I of Part V of the Housing Act 1996)”.
In Part III of the Housing Act 198811(housing action trust areas)—
(a) in section 61(2) (consultation and publicity) after “secure tenants” insert “or introductory tenants”;
(b) in section 75(3) (supplementary provisions as to transfer orders) after “secure tenant” insert “or introductory tenant”;
(c) in section 79(2)12(disposal of land by housing action trust) after “secure tenancy” insert “or an introductory tenancy”;
(d) after section 79(5) insert—
“5A Subsection (2) above has effect as if the saving effected by paragraph 9 of the Schedule to the Housing Act 1996 (Commencement No. 3 and Transitional Provisions) Order 1996 related also to disposals of houses subject to introductory tenancies.”;
(e) in section 81(1) (consent required for certain subsequent disposals) after “secure tenancy” insert “or an introductory tenancy”;
(f) in section 82(1)(a) and (b) (power of Corporation to provide legal assistance to tenants after disposal) after “secure tenant” insert “or the introductory tenant”;
(g) in section 84 (provisions applicable to disposals of dwelling-houses subject to secure tenancies)13—
(i) in subsection (1)(a)—
(1) after “secure tenancies” insert “or introductory tenancies”; and
(2) after “secure tenant” insert “or an introductory tenant”;
(ii) in subsection (4), after “secure tenant” where it first occurs insert “or, as the case may be, introductory tenant,”;
(iii) in subsection (4)(c), after “secure tenant” insert “or an introductory tenant”; and
(iv) for subsection (8) substitute—
“8 Notwithstanding the application to a housing action trust of Part IV of the Housing Act 1985 (secure tenancies) of Chapter 1 of Part V of the Housing Act 1996 (introductory tenancies), a disposal falling within subsection (1) above shall be treated as not being a matter of housing management to which section 105 of the Act of 1985 applies...
