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Localism Bill

37: After Clause 153, insert the following new Clause— ““Orders for possession: cases in which Ground 8 is not available (1) Section 7 (orders for possession) of the Housing Act 1988 is amended as follows. (2) In subsection (3) for ““subsections (5A) and (6)”” substitute ““subsections (5A), (6) and (6A)””. (3) In subsection (4) for ““subsections (5A) and (6)”” substitute ““subsections (5A), (6) and (6A)””. (4) After subsection (6) insert— ““(6A) If the court is satisfied— (a) that Ground 8 in Part 1 of Schedule 2 to this Act is established; and either (b) that some rent is in arrears as a consequence of a delay or failure in the payment of relevant housing benefit, or (c) the landlord is a private registered provider of social housing, it shall not make an order for possession unless it considers it reasonable to do so.”” (5) After subsection (7) insert— ““(8) In subsection (6A) above— (a) ““relevant housing benefit”” means— (i) any rent allowance or rent rebate to which the tenant was entitled in respect of the rent under the Housing Benefit Regulations 2006; or (ii) any payment on account of any such entitlement awarded under Regulation 93 of those Regulations; (b) references to delay or failure in the payment of relevant housing benefit do not include such delay or failure as is referable to any wilful act or omission of the tenant.””””