Housing and Planning Bill (HL Bill 87)

(b) make provision as to the circumstances in which the person
who requested the review is entitled to an oral hearing, and
whether and by whom that person may be represented.

(8) Regulations under this section may include transitional or saving
5provision.

(9) Regulations under this section are to be made by statutory
instrument which is subject to annulment in pursuance of a
resolution of either House of Parliament.”

5 In section 82 (security of tenure), in subsection (3), for the words from
10“section 86” to the end substitute “section 86 or 86D shall apply”.

6 (1) Section 82A (demoted tenancy) is amended as follows.

(2) After subsection (4) insert—

“(4A) The court may not make a demotion order in relation to a secure
tenancy of a dwelling-house in England if—

(a) 15the landlord is a local housing authority or housing action
trust, and

(b) the term has less than 1 year and 9 months left to run

(4B) But subsection (4A) does not apply to a tenancy to which an
exception in section 86A(2) or (3) applies.”

(3) 20In subsection (5), for paragraph (b) substitute—

“(b) the period or term of the tenancy (but see subsection (6));”.

(4) For subsection (6) substitute—

“(6) Subsection (5)(b) does not apply if—

(a) the secure tenancy was for a fixed term and was an old-style
25secure tenancy or a flexible tenancy, or

(b) the secure tenancy was for a fixed term and was a tenancy of
a dwelling-house in Wales,

and in such a case the demoted tenancy is a weekly periodic
tenancy.”

7 30After section 82 insert—

“Orders for possession and expiry of term etc”

8 In section 83 (proceedings for possession or termination: general notice
requirements), in subsection (A1), for paragraph (b) substitute—

“(b) proceedings for possession of a dwelling-house under
35section 86E (recovery of possession on expiry of certain
English secure tenancies).”

9 In section 84 (grounds and orders for possession), in subsection (1), for
“section 107D (recovery of possession on expiry of flexible tenancy)”
substitute “section 86E (recovery of possession on expiry of certain English
40secure tenancies)”.

10 (1) Section 86 (periodic tenancy arising on termination of fixed term) is
amended as follows.

(2) In subsection (1), after “secure tenancy” insert “to which this section
applies”.

(3) After subsection (1) insert—

“(1A) This section applies to a secure tenancy of a dwelling-house in Wales.

(1B) 5This section also applies to a secure tenancy of a dwelling-house in
England that is—

(a) an old-style secure tenancy, or

(b) a flexible tenancy the term of which ends within the period of
9 months beginning with the day on which paragraph 4 of
10Schedule 7 to the Housing and Planning Act 2016 comes fully
into force,

unless it is a tenancy excluded by subsection (1C).”

(4) In subsection (2), for “this section” substitute “subsection (1)”.

11 After section 86 insert—

15““English secure tenancies: review, renewal and possession

86A English tenancies: review to determine what to do at end of fixed term

(1) The landlord under a fixed term secure tenancy of a dwelling-house
in England must carry out a review to decide what to do at the end
of the term, unless one of the following exceptions applies.

(2) 20Exception 1 is where the tenancy is an old-style secure tenancy.

(3) Exception 2 is where the tenancy is a flexible tenancy the term of
which ends within the period of 9 months beginning with the day on
which paragraph 4 of Schedule 7 to the Housing and Planning Act
2016 comes fully into force.

(4) 25A review under this section must be carried out while the term has 6
to 9 months left to run.

(5) On a review under this section the landlord must decide which of the
following options to take.

(6) 40The landlord must also—

(a) offer the tenant advice on buying a home if the landlord
considers that to be a realistic option for the tenant, and

(b) in appropriate cases, offer the tenant advice on other housing
options.

86B 5Notification of outcome of review under section 86A

(1) On completing a review under section 86A the landlord must notify
the tenant in writing of the outcome of the review.

(2) The notice must be given by no later than 6 months before the end of
the term of the current tenancy.

(3) 10The notice must state which of the options mentioned in section 86A
the landlord has decided to take.

(4) If the landlord has decided to seek possession of the dwelling-house
at the end of the secure tenancy the notice must also—

(a) inform the tenant of the right under section 86C to request the
15landlord to reconsider, and

(b) specify the time limit for making a request under that section.

(5) If the notice states that the landlord has decided to offer a new
tenancy and the tenant accepts in writing before the end of the
current tenancy, the landlord must grant the new tenancy in
20accordance with the offer.

86C Reconsideration of decision not to grant a tenancy

(1) Where a tenant is notified that the outcome of a review under section
86A is that the landlord has decided to seek possession of the
dwelling-house at the end of the current tenancy, the tenant may
25request the landlord to reconsider its decision.

(2) The request must be made before the end of the period of 21 days
beginning with the day on which tenant was notified of the decision.

(3) On receiving the request, the landlord must reconsider its decision.

(4) The landlord must, in particular, consider whether the original
30decision is in accordance with any policy that the landlord has about
the circumstances in which it will grant a further tenancy on the
coming to an end of an existing fixed term tenancy.

(5) Once the landlord has reconsidered the decision the landlord must—

(a) notify the tenant in writing of the outcome,

(b) 35revise or confirm its original decision, and

(c) if it decides to confirm its original decision, give reasons.

(6) The Secretary of State may by regulations make provision about the
procedure to be followed in connection with reconsidering a
decision for the purposes of this section.

(7) 40The regulations may, in particular—

(a) require the original decision to be reconsidered by a person
of appropriate seniority who was not involved in the original
decision, and

(b) make provision as to the circumstances in which the person
who requested the landlord to reconsider the original
decision is entitled to an oral hearing, and whether and by
whom that person may be represented.

(8) 5Regulations under this section may include transitional or saving
provision.

(9) Regulations under this section are to be made by statutory
instrument which is subject to annulment in pursuance of a
resolution of either House of Parliament.

86D 10Fixed term tenancy arising on termination of previous fixed term

(1) This section applies to a secure tenancy of a dwelling-house in
England other than—

(a) an old-style secure tenancy, or

(b) a flexible tenancy the term of which ends within the period of
159 months beginning with the day on which paragraph 4 of
Schedule 7 to the Housing and Planning Act 2016 comes fully
into force.

(2) If the tenancy comes to an end by virtue of the term expiring, or by
virtue of an order under section 82(3), a new tenancy of the same
20dwelling-house arises by virtue of this subsection.

(3) Where the landlord has offered the tenant a new tenancy of the same
dwelling-house following a review under section 86A but the tenant
has failed to accept, the new tenancy that arises by virtue of
subsection (2) is a fixed term tenancy of whatever length the landlord
25offered.

(4) In any other case, the new tenancy that arises by virtue of subsection
(2) is a 5 year fixed term tenancy.

(5) The parties and other terms of a new tenancy that arises by virtue of
subsection (2) are the same as those of the tenancy that it replaces,
30except that the terms—

(a) are confined to those which are compatible with a tenancy of
the length determined in accordance with subsection (3) or
(4), and

(b) do not include any provision for re-entry or forfeiture.

(6) 35A new tenancy does not arise by virtue of subsection (2) if the tenant
has been granted another secure tenancy of the same dwelling-house
to begin at the same time as the earlier tenancy ends.

86E Recovery of possession of secure tenancies in England

(1) The landlord under a secure tenancy of a dwelling-house in England
40may bring proceedings for possession under this section if—

(a) the landlord has decided on a review under section 86A to
seek possession at the end of the tenancy, and

(b) the landlord has not subsequently revised the decision under
section 86C.

(2) 45If the landlord brings proceedings under this section the court must
make an order for possession if satisfied that—

(a) the landlord has complied with all of the requirements of
sections 86A to 86C,

(b) the tenancy that was the subject of the review section 86A has
ended,

(c) 5the proceedings were commenced before the end of the
period of 3 months beginning with the day on which the
tenancy ended, and

(d) the only fixed term tenancy still in existence is a new secure
tenancy arising by virtue of section 86D.

(3) 10But the court may refuse to grant an order for possession under this
section if the court considers that a decision of the landlord under
section 86A or 86C was wrong in law.

(4) Where a court makes an order for possession of a dwelling-house
under this section, any fixed term tenancy arising by virtue of
15section 86D on the coming to an end of the tenancy that was the
subject of the review under section 86A comes to an end (without
further notice) in accordance with section 82(2).

(5) This section does not limit any right of the landlord under a secure
tenancy to recover possession of the dwelling-house let on the
20tenancy in accordance with other provisions of this Part.

Termination of English secure tenancies by tenant

86F Termination of English secure tenancies by tenant

(1) It is a term of every secure tenancy of a dwelling-house in England,
other than an old-style secure tenancy, that the tenant may terminate
25the tenancy in accordance with the following provisions of this
section.

(2) The tenant must serve a notice in writing on the landlord stating that
the tenancy will be terminated on the date specified in the notice.

(3) That date must be after the end of the period of four weeks beginning
30with the date on which the notice is served.

(4) The landlord may agree with the tenant to dispense with the
requirement in subsection (2) or (3).

(5) The tenancy is terminated on the date specified in the notice or (as
the case may be) determined in accordance with arrangements made
35under subsection (4) only if on that date—

(a) no arrears of rent are payable under the tenancy, and

(b) the tenant is not otherwise materially in breach of a term of
the tenancy.”

12 (1) Section 97 (tenant’s improvements require consent) is amended as follows.

(2) 40In subsection (1), after “secure tenancy” insert “to which this section
applies”.

(3) After subsection (1) insert—

“(1A) This section applies to—

(a) a secure tenancy of a dwelling-house in Wales, or

(b) an old-style secure tenancy of a dwelling-house in England.”

(4) Omit subsection (5).

13 (1) Section 99A (right to compensation for improvements) is amended as
follows.

(2) 5In subsection (1)(c), after “secure tenancy” insert “to which this section
applies”.

(3) After subsection (1) insert—

“(1A) This section applies to—

(a) a secure tenancy of a dwelling-house in Wales, or

(b) 10an old-style secure tenancy of a dwelling-house in England.”

(4) Omit subsection (9).

14 Omit sections 107A to 107E (flexible tenancies).

15 After section 115A insert—

“115B Meaning of “flexible tenancy”

(1) 15For the purposes of this Act, a flexible tenancy is a secure tenancy to
which any of the following subsections applies.

(2) This subsection applies to a secure tenancy if—

(a) it was granted by a landlord in England for a fixed term of not
less than two years,

(b) 20it was granted before the day on which paragraph 4 of
Schedule 7 to the Housing and Planning Act 2016 came fully
into force, and

(c) before it was granted the person who became the landlord
under the tenancy served a written notice on the person who
25became the tenant under the tenancy stating that the tenancy
would be a flexible tenancy.

(3)
This subsection applies to a secure tenancy if—

(a) it became a secure tenancy by virtue of a notice under
paragraph 4ZA(2) of Schedule 1 (family intervention
30tenancies becoming secure tenancies),

(b) the notice was given before the day on which paragraph 4 of
Schedule 7 to the Housing and Planning Act 2016 came fully
into force,

(c) the landlord under the family intervention tenancy in
35question was a local housing authority in England,

(d) the family intervention tenancy was granted to a person on
the coming to an end of a flexible tenancy under which the
person was a tenant,

(e) the notice states that the tenancy is to become a secure
40tenancy that is a flexible tenancy for a fixed term of the length
specified in the notice, and sets out the other express terms of
the tenancy, and

(f) the length of the term specified in the notice is at least two
years.

(4) The length of the term of a flexible tenancy that becomes such a
tenancy by virtue of subsection (3) is that specified in the notice
under paragraph 4ZA(2) of Schedule 1.

(5) The other express terms of the flexible tenancy are those set out in the
5notice, so far as those terms are compatible with the statutory
provisions relating to flexible tenancies; and in this subsection
“statutory provision” means any provision made by or under an Act.

(6) This subsection applies to a secure tenancy if—

(a) it is created by virtue of section 137A of the Housing Act 1996
10(introductory tenancies becoming flexible tenancies), or

(b) it arises by virtue of section 143MA or 143MB of that Act
(demoted tenancies becoming flexible tenancies).”

115C Meaning of “old-style secure tenancy” in England

In this Part “old-style secure tenancy” means a secure tenancy of a
15dwelling-house in England that—

(a) is a secure tenancy, other than a flexible tenancy, granted
before the day on which paragraph 4 of Schedule 7 to the
Housing and Planning Act 2016 came fully into force,

(b) is a secure tenancy granted on or after that date that contains
20an express term stating that it is an old-style secure tenancy,
or

(c) is a tenancy that arose by virtue of section 86 on the coming
to an end of a secure tenancy within paragraph (a) or (b).”

16 (1) Section 117 (index of defined expressions) is amended as follows.

(2) 25In the entry relating to flexible tenancies, for “section 107A” substitute
“section 115B”.

(3) At the appropriate place insert—

17 (1) Schedule 1 (tenancies which are not secure tenancies) is amended as follows.

(2) 30After paragraph 1 insert—

““Certain English tenancies that were not secure tenancies when originally granted

1ZA A tenancy of a dwelling-house in England cannot become a secure
tenancy if—

(a) it was granted on or after the day on which paragraph 4 of
35Schedule 7 to the Housing and Planning Act 2016 came
fully into force,

(b) it was not a secure tenancy or an introductory tenancy at
the time it was granted, and

(c) it is a periodic tenancy or a tenancy for a fixed term of less
40than 2 years or more than 5 years.”

(3) In paragraph 4ZA, after sub-paragraph (2) insert—

“(2A) A notice under sub-paragraph (2) that relates to a tenancy of a
dwelling-house in England must—

(a) state that the tenancy is to become a secure tenancy for a
5fixed term of a length specified in the notice, and

(b) set out the other express terms of the tenancy.

(2B) The length of the term specified in a notice in accordance with sub-
paragraph (2A) must not be less than 2 or more than 5 years.

(2C) Where a notice is given in accordance with sub-paragraph (2A) the
10length of the secure tenancy, and the other terms, are those set out
in the notice.

(2D) Sub-paragraphs (2A) to (2C) do not apply to notices given before
the day on which paragraph 4 of Schedule 7 to the Housing and
Planning Act 2016 comes fully into force.”

15Housing Act 1996 (c. 52)

18 The Housing Act 1996 is amended as follows.

19 (1) Section 124 (introductory tenancies) is amended as follows.

(2) After subsection (1) insert—

“(1A) When such an election is in force, every fixed term tenancy of a
20dwelling-house in England entered into or adopted by the authority
or trust shall, if it would otherwise be a secure tenancy, be an
introductory tenancy, unless section 124A(4) applies or immediately
before the tenancy was entered into or adopted the tenant or, in the
case of joint tenants, one or more of them was—

(a) 25a secure tenant of the same or another dwelling-house, or

(b) a tenant under a relevant assured tenancy, other than an
assured shorthold tenancy, of the same or another dwelling-
house.”

(3) In subsection (2), in the words before paragraph (a), after “dwelling-house”
30insert “in Wales”.

(4) In subsection (2A), for “subsection (2)(b)” substitute “subsections (1A)(b)
and (2)(b)”.

(5) In subsection (3), for “subsection (2)” substitute “subsections (1A) and (2)”.

(6) After subsection (5) insert—

“(6) 35In relation to a tenancy entered into or adopted by a local housing
authority or a housing action trust before the day on which
paragraph 4 of Schedule 7 to the Housing and Planning Act 2016
comes fully into force, this section has effect—

(a) as if subsection (1A) were omitted, and

(b) 40as if, in subsection (2), the words “in Wales” were omitted.”

20 After section 124 insert—

“124A New introductory tenancies in England: overall length

(1) A local housing authority or a housing action trust may enter into an
introductory tenancy of a dwelling-house in England only if it is a
5tenancy for a fixed term that is—

(a) at least 2 years, and

(b) no more than 5 years.

(2) If a local housing authority or a housing action trust purports to enter
into an introductory tenancy in breach of subsection (1), it takes
10effect as a tenancy for a fixed term of 5 years.

(3) Subsections (1) and (2) apply only to tenancies entered into on or
after the day on which paragraph 4 of Schedule 7 to the Housing and
Planning Act 2016 comes fully into force.

(4) A tenancy of a dwelling-house in England that is adopted by a local
15housing authority or a housing action trust does not become an
introductory tenancy if—

(a) it is adopted on or after the day on which paragraph 4 of
Schedule 7 to the Housing and Planning Act 2016 came fully
into force, and

(b) 20the tenancy is a periodic tenancy or it is a tenancy for a fixed
term of less than 2 years or more than 5 years.

(5) Subsections (6) and (7) apply where a tenancy that has been adopted
by a local housing authority or a housing action trust is not an
introductory tenancy but would (on adoption or at any later time)
25become a secure tenancy but for subsection (4).

(6) The local housing authority or housing action trust must, within the
period of 28 days, make the tenant a written offer of an introductory
tenancy in return for the tenant surrendering the original tenancy.

(7) If the tenant accepts in writing within the period of 28 days
30beginning with the day on which the tenant receives the offer, the
local housing authority or housing action trust must grant an
introductory tenancy on the tenant surrendering the original
tenancy.

124B Review of decisions about length of introductory tenancies in England

(1) 35A person who is offered an introductory tenancy of a dwelling-house
in England may request a review under this section.

(2) The sole purpose of a review under this section is to consider
whether the length of the tenancy is in accordance with any policy
that the prospective landlord has about the length of introductory
40tenancies it grants.

(3) The request must be made before the end of—

(a) the period of 21 days beginning with the day on which the
person making the request first receives the offer, or

(b) such longer period as the prospective landlord may allow in
45writing.

(4) On receiving the request the prospective landlord must carry out the
review.

(5) On completing the review the prospective landlord must —

(a) notify the tenant in writing of the outcome,

(b) 5revise its offer or confirm its original decision about the
length of the tenancy, and

(c) if it decides to confirm its original decision, give reasons.

(6) The Secretary of State may by regulations make provision about the
procedure to be followed in connection with a review under this
10section.

(7) The regulations may, in particular—

(a) require the review to be carried out by a person of
appropriate seniority who was not involved in the original
decision;

(b) 15make provision as to the circumstances in which the person
who requested the review is entitled to an oral hearing, and
whether and by whom that person may be represented.”

21 (1) Section 125A (extension of trial period by 6 months) is amended as follows.

(2) In subsection (1), for “both” substitute “each”.

(3) 20After subsection (3) insert—

“(3A) The third condition must be met only if the introductory tenancy —

(a) is one to which section 124A(1) or (2) applies, or

(b) is adopted by a local housing authority or housing action
trust on or after the day on which paragraph 4 of Schedule 7
25came fully into force.

(3B) The third condition is that the new expiry date would be before the
period mentioned in section 86A(3) of the Housing Act 1985 (review
to determine what to do at end of fixed term secure tenancy); and for
this purpose “the new expiry date” means the last day of the 6 month
30extension period mentioned in subsection (1).”

22 In section 128 (notice of proceedings for possession), in subsection (4), for the
second sentence substitute—

““The date so specified—

(a) in a case where the introductory tenancy is a periodic
35tenancy, must not be earlier than the date on which the
tenancy could, apart from this Chapter, be brought to an end
by notice to quit given by the landlord on the same date as the
proceedings, and

(b) in a case where the introductory tenancy is a fixed term
40tenancy, must not be earlier than the end of the period of 6
weeks beginning with the date on which the notice of
proceedings is served.”

23 In section 137A (introductory tenancies that are to become flexible
tenancies), in subsection (2), for “, before entering into or adopting the
45introductory tenancy” substitute “the introductory tenancy was entered into
or adopted before the day on which paragraph 4 of Schedule 7 to the