Part 2: Access to Services Section 41: Order for possession of dwelling-house
This section provides for amendments to be made to Part 1 of Schedule 2 to the Housing Act 1988 (assured tenancies: grounds on which court must order possession). The amendments provide for a new mandatory ground for a landlord to obtain possession of a property following receipt of notification from the Secretary of State that an occupant is a disqualified person.
	Subsection (2) inserts a new Ground 7B into Part 1 of Schedule 2 to the Housing Act 1988. Landlords may rely on this mandatory ground for possession of a dwelling-house let on an assured tenancy where the Secretary of State has given notice in writing to a landlord that any tenant or adult occupier is disqualified from occupying the property as a result of their immigration status. The landlord may serve a notice seeking possession. Where the tenants do not vacate the property, the landlord will be able to rely upon this new ground in seeking a possession order from the courts.
	Subsections (3) and (4) make other consequential amendments to sections 7 and 8 of the Housing Act 1988 which are consequential on the introduction of new Ground 7B.
	Subsection (5) inserts a new section 10A into the Housing Act 1988 which provides that where one or more tenants who are occupying a property let on an assured tenancy are disqualified persons, a court in possession proceedings may order that the interest in the property of the tenants who are disqualified be transferred to a tenant or tenants who are not disqualified, instead of making an order for possession.
	Subsection (6) inserts a new Case 10A into Part 1 of Schedule 15 of the Rent Act 1977. A court may order possession of a dwelling house let on, or subject to, a protected or statutory tenancy if the Secretary of State has given notice in writing to a landlord that a tenant or other adult person who is occupying the dwelling house is disqualified from occupying the property as a result of their immigration status.
	Subsection (7) provides that the amendments made by section 41shall apply to those tenancies in existence prior to or subsequent to their coming into force.