SCHEDULES
C5SCHEDULE 1 Tenancies Which Cannot be Assured Tenancies
Part I The Tenancies
Local authority tenancies etc.
C1C2C3C412
1
A tenancy under which the interest of the landlord belongs to—
a
a local authority, as defined in sub-paragraph (2) below;
F1b
the Homes and Communities Agency but only if the tenancy falls within subsections (2A) to (2E) of section 80 of the Housing Act 1985;
ba
the Welsh Ministers but only if the tenancy falls within subsections (2A) to (2E) of section 80 of the Housing Act 1985;
F2c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
an urban development corporation established by an order under section 135 of the M1Local Government, Planning and Land Act 1980;
F10da
a Mayoral development corporation;
F3da
a National Park authority;
e
a development corporation, within the meaning of the M2New Towns Act 1981;
f
an authority established under section 10 of the M3Local Government Act 1985 (waste disposal authorities);
F4fa
an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);
g
a residuary body, within the meaning of the Local Government Act 1985;
F5gg
The Residuary Body for Wales (Corff Gweddilliol Cymru);
h
a fully mutual housing associationF12, unless the tenancy is one which is excluded from this sub-paragraph by sub-paragraph (3) below; or
i
a housing action trust established under Part III of this Act.
2
The following are local authorities for the purposes of sub-paragraph (1)(a) above—
a
the council of a county, F6county borough, district or London borough;
b
the Common Council of the City of London;
c
the Council of the Isles of Scilly;
d
the Broads Authority;
e
the Inner London Education Authority; and
F7ee
the London Fire and Emergency Planning Authority;
f
a joint authority, within the meaning of the Local Government Act 1985;
F8fa
an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
fb
a combined authority established under section 103 of that Act; and
F133
A tenancy is excluded from sub-paragraph (1) if all of the following requirements are met—
a
the interest of the landlord belongs to a fully mutual housing association;
b
the dwelling-house is in Wales;
c
the tenancy is granted on or after the date on which this sub-paragraph comes into force;
d
the tenancy is in writing;
e
before the tenancy is granted, the landlord has served on the person who is to be the tenant a notice stating that the tenancy is to be excluded from sub-paragraph (1);
f
the tenancy states that it is excluded from sub-paragraph (1).
Sch. 1 modified by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 186, Sch. 10 paras. 1(2), 21, 22