Termination of tribunal's functions – HA 1988 s. 23
Allows Secretary of State to order that s.22 does not apply in specified cases, areas or circumstances; order by statutory instrument approved by both Houses.
If the Secretary of State by order made by statutory instrument so provides, section 22 above shall not apply in such cases or to tenancies of dwelling-houses in such areas or in such other circumstances as may be specified in the order. An order under this section may contain such transitional, incidental and supplementary provisions as appear to the Secretary of State to be desirable. No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section gives the Secretary of State the power to make an order (a type of secondary legislation called a statutory instrument) that removes the application of section 22 (reference of excessive rents to an appropriate tribunal) in certain situations. The order can specify particular cases, geographical areas, or other circumstances where section 22 will no longer apply. The order may also include transitional, incidental, and supplementary provisions as the Secretary of State thinks desirable.
Crucially, such an order cannot be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament. This is known as the affirmative resolution procedure, requiring active approval by both the House of Commons and the House of Lords before the order can take effect. The section does not itself alter any rights or obligations; it is a mechanism for potentially restricting the tribunal's rent review function.
When it applies
- The Secretary of State makes an order saying s.22 does not apply to tenancies in the City of Westminster.
- An order disapplies s.22 for tenancies of houses in multiple occupation in Wales.
- An order provides that s.22 does not apply to assured tenancies granted after a certain date in a designated area.
- An order includes transitional provisions to protect tenants who had already applied to the tribunal before the order came into force.
What this section does not say
- This section does not itself terminate a tenancy or give possession rights; those are covered by sections 21 and 25.
- It does not affect the tribunal's functions under other sections such as s.21A or s.21B.
- It does not allow a landlord to unilaterally avoid a rent reference; only an order by the Secretary of State can disapply s.22.
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of HA 1988 s. 23 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.