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Introductory Text
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Part 1 Tenancy reform
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Chapter 1 Assured tenancies
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End of certain kinds of assured tenancy
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1. Assured tenancies to be periodic with rent period not exceeding a month
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2. Abolition of assured shorthold tenancies
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Grounds for possession
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3. Changes to grounds for possession
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4. Possession for anti-social behaviour: relevant factors
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5. Form of notice of proceedings for possession
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Rent and other terms
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6. Statutory procedure for increases of rent
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7. Challenging amount or increase of rent
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8. Prohibition of rent in advance after lease entered into (except initial rent)
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9. Prohibition of rent in advance before lease entered into
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10. Repayment of rent paid for days after end of tenancy
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11. Right to request permission to keep a pet
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Duties of landlords etc
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12. Duty of landlord and contractor to give statement of terms etc
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13. Other duties
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14. Landlords acting through others
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Landlords etc: financial penalties and offences
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15. Landlords etc: financial penalties and offences
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16. Financial penalties: procedure, appeals and enforcement
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Landlords etc: supplementary
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17. Duties of landlords etc, penalties and offences: interpretation
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18. No criminal liability of the Crown under Part 1 of 1988 Act
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19. Guarantor not liable for rent payable after tenant’s death
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Other changes
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20. Notices to quit by tenants under assured tenancies: timing
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21. Notices to quit by tenants under assured tenancies: other
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22. Limitation on obligation to pay removal expenses
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23. Assured agricultural occupancies: grounds for possession
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24. Assured agricultural occupancies: opting out etc
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25. Accommodation for homeless people: duties of local authority
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26. Tenancy deposit requirements
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27. Tenant fees
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Other amendments
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28. Liability of tenants under assured tenancies for council tax
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29. Other amendments
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Powers of Secretary of State
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30. Powers of Secretary of State in connection with Chapter 1
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Chapter 2 Tenancies that cannot be assured tenancies
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31. Long tenancies and financial services products
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32. Accommodation for homeless people or students
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Chapter 3 Discrimination in the rental market: England
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Discrimination and discriminatory terms: children and benefits status
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33. Discrimination relating to children
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34. Discrimination relating to benefits status
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35. Discriminatory terms in a tenancy relating to children or benefits status
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36. Terms in superior leases relating to children or benefits status
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37. Terms in mortgages relating to children or benefits status
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38. Terms in insurance contracts relating to children or benefits status
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Discrimination and discriminatory terms: power to protect others
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39. Power of the Secretary of State to protect others
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Discrimination: financial penalties
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40. Financial penalties for breach of anti-discrimination provisions
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Supplementary
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41. No prohibition on taking income into account
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42. Interpretation of Chapter 3
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Chapter 4 Discrimination in the rental market: Wales
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Prohibitions of discrimination
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43. Discrimination relating to children or benefits status: Welsh language
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44. Discrimination relating to children or benefits status: English language
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45. Amendment of short title of Renting Homes (Fees etc.) (Wales) Act 2019
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Discriminatory terms
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46. Amendments of Renting Homes (Wales) Act 2016 regarding discrimination
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Supplementary
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47. Power of Welsh Ministers to protect others
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48. Power of Secretary of State to protect others
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49. Regulations
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Chapter 5 Discrimination in the rental market: Scotland
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Discrimination and discriminatory terms: children and benefits status
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50. Discrimination relating to children or benefits status
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51. Terms in standard securities relating to children or benefits status
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52. Terms in insurance contracts relating to children or benefits status
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Discrimination and discriminatory terms: power to protect others
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53. Power of Scottish Ministers to protect others
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54. Power of Secretary of State to protect others
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Supplementary
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55. Interpretation of Chapter 5
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Chapter 6 Stating the proposed rent and rental bidding
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56. Requirement to state rent and to avoid rental bidding
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57. Financial penalties
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Chapter 7 Miscellaneous
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58. Penalties for unlawful eviction or harassment of occupier
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59. Abandoned premises under assured shorthold tenancies
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60. Remedying of hazards occurring in dwelling-houses in England
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61. Remedying of hazards occurring in accommodation in England occupied under licence
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62. Student accommodation that is not an HMO
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Part 2 Residential landlords
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Chapter 1 Meaning of “residential landlord”
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63. Meaning of “residential landlord”
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Chapter 2 Landlord redress schemes
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Landlord redress schemes
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64. Landlord redress schemes
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65. Approval and designation of landlord redress schemes
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66. Financial penalties
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67. Offences
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68. Decision under a landlord redress scheme may be made enforceable as if it were a court order
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69. Landlord redress schemes: no Crown status
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Guidance
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70. Guidance for scheme administrator and local housing authority
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Interpretation
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71. Interpretation of Chapter 2
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Related amendments
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72. Housing activities under social rented sector scheme
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73. Other amendments connected with landlord redress schemes
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74. Local Commissioners’ investigation of complaints by persons who are not tenants
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Chapter 3 The Private Rented Sector Database
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The database and the database operator
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75. The database
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76. The database operator
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Landlord and dwelling entries
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77. Making entries in the database
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78. Requirement to keep active entries up-to-date
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79. Circumstances in which active entries become inactive and vice versa
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80. Verification, correction and removal of entries
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81. Fees for landlord and dwelling entries
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Marketing, advertising and letting
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82. Restrictions on marketing, advertising and letting dwellings
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Entries relating to banning orders, offences, financial penalties, etc.
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83. Entries relating to banning orders, offences, financial penalties, etc.
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Further duties of database operator
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84. Allocation of unique identifiers
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85. Other duties
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Access to and use of information in database
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86. Access to the database
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87. Disclosure by database operator etc
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88. Use of information from the database
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Removal of entries
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89. Removal of entries from database
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Enforcement
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90. Restriction on gaining possession
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91. Financial penalties
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92. Offences
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Final provisions
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93. Power to direct database operator and local housing authorities
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94. Entries under section 83: minor and consequential amendments
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95. Different provision for different purposes: joint landlords
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96. Interpretation of Chapter 3
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Chapter 4 Part 2: supplementary provision
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97. Financial assistance by Secretary of State
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98. Rent repayment orders for offences under the Housing Act 1988 and sections 67 and 92 of this Act
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99. Interpretation of Part 2
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Part 3 Decent homes standard
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100. Decent homes standard
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101. The standard of MOD accommodation
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Part 4 Enforcement
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Chapter 1 Sanctions
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102. Financial penalties
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103. Rent repayment orders: liability of landlords and superior landlords
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104. Rent repayment orders: liability of directors etc
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105. Unlicensed HMOs and houses: offences
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106. Service of improvement notices on landlords and licensors
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Chapter 2 Enforcement authorities
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107. Enforcement by local housing authorities: general duty
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108. Enforcement by local housing authorities: duty to notify
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109. Enforcement by county councils: duty to notify
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110. Duty to report
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111. Lead enforcement authority
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112. General duties and powers of lead enforcement authority
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113. Enforcement by the lead enforcement authority
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Chapter 3 Investigatory powers
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Investigatory powers under this Act
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114. Power of local housing authority to require information from relevant person
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115. Power of local housing authority to require information from any person
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116. Enforcement of power to require information from any person
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117. Limitation on use of information provided under section 115
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118. Business premises: entry without warrant
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119. Duties where occupiers are on business premises entered without warrant
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120. Business premises: warrant authorising entry
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121. Business premises: entry under warrant
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122. Power to require production of documents following entry
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123. Power to seize documents following entry
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124. Access to seized documents
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125. Appeal against detention of documents
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126. Suspected residential tenancy: entry without warrant
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127. Duties where occupiers are on residential premises entered without warrant
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128. Suspected residential tenancy: warrant authorising entry
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129. Suspected residential tenancy: entry under warrant
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130. Powers of accompanying persons
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131. Offences
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132. Investigatory powers: interpretation
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Amendments
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133. Additional powers of seizure under Criminal Justice and Police Act 2001
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134. Use by local housing authority of certain information
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135. Investigatory powers under the Housing Act 2004
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136. Client money protection schemes: investigatory powers of local authorities
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Part 5 General
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137. Interpretation
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138. Crown application
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139. Application to Parliament
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140. Regulations
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141. Power of Welsh Ministers to make consequential provision
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142. Power of Scottish Ministers to make consequential provision
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143. Power of Secretary of State to make consequential provision
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144. Extent
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145. Commencement
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146. Existing assured tenancies to continue as section 4A assured tenancies
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147. Fixed term assured tenancy and statutory periodic tenancy to be treated as single assured tenancy
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148. Transitional provision
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149. Short title
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Schedules
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Schedule 1
Changes to grounds for possession
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1. Introductory
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2. Amendments of Ground 1: occupation by landlord or family
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3. New ground for sale of dwelling-house
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4. New ground for possession after rent-to-buy agreement
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5. Amendments of Ground 2: sale by mortgagee
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6. New ground for possession when superior lease ends
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7. New grounds for possession in cases where there is a superior lease
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8. Repeal of Ground 3: holiday accommodation
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9. Amendments of Ground 4: student accommodation
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10. New ground for possession of student accommodation for occupation by students
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11. Amendment of Ground 5: ministers of religion
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12. New ground for possession for occupation by agricultural worker
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13. New ground for possession for occupation by person who meets employment requirements
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14. Ground 16 to be renumbered as Ground 5C and to be a mandatory ground for possession
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15. New ground for possession for end of employment requirements
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16. New ground for possession for occupation as supported accommodation
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17. New grounds for possession of dwelling-house occupied as supported accommodation
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18. New ground for possession for tenancy granted for homelessness duty
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19. New ground for possession of stepping stone accommodation
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20. Amendments of Ground 6: redevelopment
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21. New ground for possession of alternative accommodation provided during redevelopment
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22. New ground for possession to allow compliance with enforcement action
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23. Amendments of Ground 7: death of tenant
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24. Amendments of Ground 8: rent arrears
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25. Power to amend Schedule 2 and new interpretation provisions
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Schedule 2
Amendments relating to Chapter 1 of Part 1
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1. Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951
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2. In section 16 (protection of tenure of certain rented premises...
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3. In section 17 (provision supplementary to section 16 of that...
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4. In section 18 (protection of tenure under a licence or...
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5. In section 19 (limitation of application of Housing Act 1988...
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6. In section 20 (modifications) as it applies otherwise than to...
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7. In section 23 (interpretation) omit the definitions of “fixed term...
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8. Greater London Council (General Powers) Act 1973
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9. Housing Act 1985
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10. In section 81ZA (grant of secure tenancies in cases of...
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11. In section 81B (cases where old-style English secure tenancies may...
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12. In section 82A (demotion because of anti-social behaviour)—
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13. In section 171B (extent of preserved right), omit subsection (1A)....
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14. In section 553 (effect of repurchase on certain existing tenancies...
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15. In section 554 (grant of tenancy to former owner-occupier), in...
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16. In Part 4 of Schedule 2 (grounds for possession: secure...
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17. In Schedule 3 (grounds for withholding consent to assignment by...
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18. Landlord and Tenant Act 1985
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19. Agricultural Holdings Act 1986
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20. Housing Act 1988
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21. In section 1 (assured tenancies), in subsection (5), omit “(and...
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22. In section 1A (application of Chapters 1, 2 and 3...
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23. In section 5 (security of tenure)— (a) in subsection (1)—...
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24. Omit section 6.
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25. In section 9 (extended discretion of court in possession claims),...
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26. In section 10A (power to order transfer of tenancy in...
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27. In section 15 (limited prohibition on assignment etc. without consent),...
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28. In section 17 (succession to assured tenancy)—
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29. In section 18 (provisions as to reversions on assured tenancies)—...
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30. In section 34 (restrictions on new protected tenancies and agricultural...
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31. In section 37 (no further assured tenancies under Housing Act...
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32. (1) Section 39 (statutory tenants: succession) is amended as follows....
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33. In section 41 (rent assessment committees: procedure and information powers),...
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34. In section 41A (amounts attributable to services) omit “or 22”....
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35. In section 45 (interpretation of Part 1)—
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36. In Schedule 2 (grounds for possession)— (a) in Part 3,...
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37. In Schedule 4 (statutory tenants: succession), in Part 3, omit...
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38. Local Government and Housing Act 1989
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39. In Schedule 10 (security of tenure on ending of long...
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40. In Schedule 11 (minor and consequential amendments), omit paragraphs 103...
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41. Housing Act 1996
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42. In section 64 omit the entry for “assured shorthold tenancy”....
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43. Omit sections 96 to 100.
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44. In section 124 (introductory tenancies), in subsection (2)(b), omit “,...
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45. In section 125 (duration of introductory tenancy)—
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46. In section 143 (index of defined expressions) omit “and assured...
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47. In section 143C (change of landlord), in subsection (3), omit...
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48. In section 175 (homelessness and threatened homelessness), in subsection (5)—...
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49. In section 188 (interim duty to accommodate in case of...
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50. In section 193A(4) (consequences of refusal of final accommodation offer...
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51. In section 195 (duties in cases of threatened homelessness), in...
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52. In section 209 (discharge of interim duties: arrangements with private...
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53. In section 218 (index of defined expressions: Part 7), in...
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54. In section 230 (minor definitions: general), in the first definition,...
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55. Omit Schedule 7.
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56. Capital Allowances Act 2001
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57. Police Reform Act 2002
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58. Homelessness Act 2002
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59. Finance Act 2003
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60. Anti-social Behaviour Act 2003
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61. Housing Act 2004
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62. Omit section 75.
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63. Omit section 98.
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64. In section 116 (general effect of final management orders), in...
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65. In section 136 (making of final EDMOs), in subsection (5),...
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66. In Schedule 7 (general effect of final EDMOs), in paragraph...
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67. Housing and Regeneration Act 2008
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68. In section 180 (right to acquire)— (a) in subsection (2)(a),...
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69. In Schedule 11 (possession orders relating to certain tenancies), in...
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70. Regulatory Enforcement and Sanctions Act 2008
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71. Charities Act 2011
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72. Localism Act 2011
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73. Deregulation Act 2015
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74. Immigration Act 2016
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75. Renting Homes (Wales) Act 2016 (anaw 1)
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76. Homelessness Reduction Act 2017
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Schedule 3
Amendments connected with landlord redress schemes
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1. Local Government Act 1974
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2. (1) Section 33 (consultation between Local Commissioner and other Commissioners...
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3. (1) Section 33ZA (collaborative working between Local Commissioners and others)...
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4. In section 33ZB (arrangements for provision of administrative and other...
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5. In section 34 (interpretation), in subsection (1), at the appropriate...
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6. Housing Act 1996
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7. Government of Wales Act 1998
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8. Public Services Ombudsman (Wales) Act 2005
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9. Localism Act 2011
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10. Building Safety Act 2022
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11. In Schedule 3 (cooperation and information sharing), in paragraph 3,...
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12. In Schedule 10 (amendments in connection with new homes ombudsman),...
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13. Leasehold and Freehold Reform Act 2024
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Schedule 4
Decent homes standard
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Part 1 Amendments of Housing Act 2004
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1. The Housing Act 2004 is amended as follows.
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2. (1) Section 1 (new system for assessing housing conditions and...
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3. (1) Section 4 (inspections by local housing authorities) is amended...
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4. (1) Section 5 (general duty to take enforcement action) is...
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5. In the heading to section 6 (how duty under section...
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6. After section 6 insert— Financial penalties relating to category 1...
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7. (1) Section 7 (powers to take enforcement action) is amended...
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8. In section 8 (reasons for decision to take enforcement action),...
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9. (1) Section 9 (guidance about inspections and enforcement action) is...
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10. In the heading of Chapter 2 of Part 1 (improvement...
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11. (1) Section 11 (improvement notices relating to category 1 hazards:...
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12. (1) Section 12 (improvement notices relating to category 2 hazards:...
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13. (1) Section 13 (contents of improvement notices) is amended as...
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14. In section 16(3) (revocation and variation of improvement notices)—
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15. (1) Section 19 (change in person liable to comply with...
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16. (1) In section 20 (prohibition orders relating to category 1...
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17. (1) Section 21 (prohibition orders relating to category 2 hazards:...
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18. (1) Section 22 (contents of prohibition orders) is amended as...
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19. (1) Section 25 (revocation and variation of prohibition orders) is...
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20. In the italic heading before section 28, omit “Hazard”.
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21. (1) Section 28 (hazard awareness notices relating to category 1...
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22. (1) Section 29 (hazard awareness notices relating to category 2...
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23. (1) Section 30 (offence of failing to comply with improvement...
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24. In section 32 (offence of failing to comply with prohibition...
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25. In section 35 (power of court to order occupier or...
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26. (1) Section 40 (emergency remedial action) is amended as follows....
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27. In section 41 (notice of emergency remedial action), in subsection...
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28. In section 43 (emergency prohibition orders), for subsection (1) substitute—...
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29. In section 44 (contents of emergency prohibition orders), in subsection...
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30. In section 49 (power to charge for certain enforcement action)—...
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31. In section 50 (recovery of charge under section 49), in...
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32. In section 54 (index of defined expressions: Part 1)—
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33. (1) Section 250 (orders and regulations) is amended as follows....
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34. Before Schedule 1 insert— Schedule A1 Procedure and appeals relating...
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35. (1) Schedule 1 (procedure and appeals relating to improvement notices)...
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36. (1) Schedule 2 (procedure and appeals relating to prohibition orders)...
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37. (1) Schedule 3 (improvement notices: enforcement action by local housing...
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Part 2 Amendments of other Acts
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38. Land Compensation Act 1973
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39. Housing Act 1985
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40. Housing and Regeneration Act 2008
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41. Housing and Planning Act 2016
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42. Tenant Fees Act 2019
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Schedule 5
Financial penalties
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1. Notice of intent
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2. (1) The notice of intent must be given before the...
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3. The notice of intent must set out—
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4. Right to make representations
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5. Final notice
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6. If the local housing authority decides to impose a financial...
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7. The final notice must require the penalty to be paid...
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8. The final notice must set out— (a) the date on...
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9. Withdrawal or amendment of notice
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10. Appeals
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11. Recovery of financial penalty
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12. Proceeds of financial penalties
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13. Any proceeds of a financial penalty imposed under section 40,...
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14. (1) In paragraph 12, enforcement functions “in relation to the...
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Schedule 6
Transitional provision
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Part 1 Application of Chapter 1 of Part 1 to existing tenancies
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1. Tenancies which become periodic on the commencement date
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2. Section 1: start of deemed rent period for existing tenancies
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3. Section 2: claim form for section 21 possession proceedings already requested
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4. Section 2: claim form for section 21 possession proceedings not already requested
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5. Section 3(2)(g): saving of section 7(7) in relation to tenancies where fixed term ends before commencement date
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6. Section 6: no effect on rent increases before commencement date
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7. Sections 12, 13 and 15: provision of information in writing
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8. Section 15: no liability in respect of conduct before commencement date
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9. Section 20: no effect on notice to quit given before commencement date
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10. Section 24: existing opt-out notices for assured agricultural occupancies
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11. Section 26: tenancy deposits
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12. Section 27: tenant fees
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13. Schedule 1: student accommodation ground
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14. Schedule 1: stepping stone accommodation ground
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15. Schedule 1: redevelopment ground
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16. Claim form for section 8 possession proceedings already requested
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17. Claim form for section 8 possession proceedings not already requested
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18. Interpretation
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Part 2 Existing instruments which permit or require letting etc
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19. Key definitions
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20. Saving for existing powers to vary
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21. Relevant pre-application instruments that permit letting on tenancies that are no longer possible
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22. Relevant pre-application instruments that permit letting on tenancies that continue to be possible
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23. Relevant pre-application instruments that require letting on tenancies that are no longer possible
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24. Relevant pre-application instruments that require letting on tenancies that continue to be possible
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25. Pre-commencement s.106 obligations with provision relating to letting on terms that are no longer possible
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26. Pre-commencement s.106 obligations with provision relating to letting on terms that continue to be possible
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27. Requirements under the Community Infrastructure Regulations 2010
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28. Leases which cannot be returned at end of term free of sub-lease
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29. Application to agreements etc relating to leases, mortgage arrangements or contracts of insurance
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30. Application to sub-letting
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31. Application in certain circumstances
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32. Power to disapply or modify this Part
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33. Meaning of “permitting” letting
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34. Interpretation
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