Member

292: Schedule 6, page 233, line 14, leave out paragraph 3 and insert— 3 “(1) This paragraph applies where—(a) before the commencement date—(i) a valid notice under section 21 of the 1988 Act has been given, and(ii) the claimant in possession proceedings has requested the court to issue the claim form for those proceedings, and(b) immediately before the commencement date, possession proceedings have not begun or have not been concluded.(2) The notice under section 21 remains valid until possession proceedings are concluded.(3) The amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice under section 21 ceases to be valid by virtue of sub-paragraph (2) (and accordingly the tenancy remains an assured shorthold tenancy until then).(4) In relation to a tenancy to which sub-paragraph (3) applies, section 146(3) (except in its application to this paragraph) has effect as if the following were substituted for the definition of “commencement date”—““commencement date” means the date on which, by virtue of paragraph 3 of Schedule 6, the amendments made by Chapter 1 of Part 1 apply in relation to a tenancy;”.(5) In this paragraph “possession proceedings” means proceedings for an order for possession under section 21 of the 1988 Act in reliance on a valid notice given under that section.Section 2: claim form for section 21 possession proceedings not already requested 3A (1) This paragraph applies where, before the commencement date—(a) a valid notice under section 21 of the 1988 Act has been given, and(b) the claimant in possession proceedings has not requested the court to issue the claim form for those proceedings.(2) Section 21 of the 1988 Act has effect as if the following were substituted for subsections (4D) and (4E)— “(4D) Subject to subsection (4E), proceedings for an order for possession under this section in relation to a dwelling-house in England may not be begun if the claimant in the proceedings requests the court to issue the claim for the proceedings after the end of the applicable period.(4DA) For that purpose the “applicable period” is—(a) the period of six months beginning with the date on which the notice was given under subsection (1) or (4), or(b) the period of three months beginning with the commencement date, if this three month period ends before the six month period mentioned in paragraph (a).(4E) Where—(a) a notice under subsection (4) has been given in relation to a dwelling-house in England, and(b) paragraph (b) of that subsection requires the date specified in the notice to be more than two months after the date the notice was given,proceedings for an order for possession under this section may not be begun if the claimant in the proceedings requests the court to issue the claim for the proceedings after the end of the applicable period.(4EA) For that purpose the “applicable period” is—(a) the period of four months beginning with the date specified in the notice, or(b) the period of three months beginning with the commencement date, if this three month period ends before the four month period mentioned in paragraph (a).(4EB) In subsections (4DA) and (4EA) “commencement date” has the meaning given by section 146 of the Renters’ Rights Act 2025.”(3) The notice under section 21 remains valid—(a) until the end of the applicable period, except where the claimant has requested the court to issue the claim form for possession proceedings before the end of that period;(b) until possession proceedings are concluded, if the claimant has requested the court to issue the claim form for those proceedings before the end of the applicable period.(4) The amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy until the notice under section 21 ceases to be valid by virtue of sub-paragraph (3) (and accordingly the tenancy remains an assured shorthold tenancy until then).(5) In relation to a tenancy to which sub-paragraph (4) applies, section 146(3) (except in its application to this paragraph) has effect as if the following were substituted for the definition of “commencement date”—““commencement date” means the date on which, by virtue of paragraph 3A of Schedule 6, the amendments made by Chapter 1 of Part 1 apply in relation to a tenancy;”.(6) In this paragraph—“applicable period” , in relation to possession proceedings, has the same meaning that it has in relation to those proceedings in section 21 of the 1988 Act as modified by sub-paragraph (2);“possession proceedings” means proceedings for an order for possession under section 21 of the 1988 Act in reliance on a valid notice given under that section.” Member's explanatory statement This restructures the provision in paragraph 3 and clarifies that the application of that provision depends on whether the landlord has requested the court to issue the claim form in possession proceedings (instead of depending on whether the court has actually issued the claim form).