Housing and Planning Bill (HL Bill 110)

(3) This section does not apply to the grant of an old-style secure
tenancy (as to which, see section 81B).

81B Cases where old-style English secure tenancies may be granted

(1) A person may grant an old-style secure tenancy of a dwelling-house
5in England only—

(a) in circumstances specified in regulations made by the
Secretary of State, or

(b) in accordance with subsection (2).

(2) A local housing authority that grants a secure tenancy of a dwelling-
10house in England must grant an old-style secure tenancy if—

(a) the tenancy is offered as a replacement for an old-style secure
tenancy of some other dwelling-house, and

(b) the tenant has not made an application to move.

(3) Other provisions of this Part set out the consequences of a tenancy
15being an old-style secure tenancy.

(4) Regulations under subsection (1) may include transitional or saving
provision.

(5) Regulations under subsection (1) are to be made by statutory
instrument.

(6) 20A statutory instrument containing regulations under subsection (1)
may not be made unless a draft of the instrument has been laid
before and approved by a resolution of each House of Parliament.

81C Duty to offer new secure tenancy in limited circumstances

(1) This section applies where a change in circumstances means that a
25tenancy that is not a secure tenancy would become a secure tenancy
but for the exception in paragraph 1ZA of Schedule 1.

(2) The landlord must, within the period of 28 days, make the tenant a
written offer of a secure tenancy in return for the tenant surrendering
the original tenancy.

(3) 30If the tenant accepts in writing within the period of 28 days
beginning with the day on which the tenant receives the offer, the
landlord must grant the secure tenancy on the tenant surrendering
the original tenancy.

81D Review of decisions about length of secure tenancies in England

(1) 35A person who is offered a secure tenancy of a dwelling-house in
England (under section 81C or otherwise) may request a review
under this section, unless the tenancy on offer is an old-style secure
tenancy.

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

(4) 5On 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) revise its offer or confirm its original decision about the
10length 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
section.

(7) 15The 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) make provision as to the circumstances in which the person
20who 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
provision.

(9) Regulations under this section are to be made by statutory
25instrument 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
“section 86” to the end substitute “section 86 or 86D shall apply”.

6 After section 82 insert—

30Orders for posession and expiry of term etc".

7 (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) 35the 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) 40In 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
secure tenancy or a flexible tenancy, or

(b) 5the 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.””

8 In section 83 (proceedings for possession or termination: general notice
10requirements), in subsection (A1), for paragraph (b) substitute—

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

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

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

(2) 20In 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) This section also applies to a secure tenancy of a dwelling-house in
25England 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
Schedule 7 to the Housing and Planning Act 2016 comes fully
30into 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—

““English secure tenancies: review, renewal and possession

86A 35English 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) Exception 1 is where the tenancy is an old-style secure tenancy.

(3) 40Exception 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) A 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) The 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
20options.

86B Notification 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
25the term of the current tenancy.

(3) The 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) 30inform the tenant of the right under section 86C to request the
landlord 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
35current tenancy, the landlord must grant the new tenancy in
accordance 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
40dwelling-house at the end of the current tenancy, the tenant may
request 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
decision is in accordance with any policy that the landlord has about
the circumstances in which it will grant a further tenancy on the
5coming 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) revise or confirm its original decision, and

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

(6) 10The 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) The regulations may, in particular—

(a) require the original decision to be reconsidered by a person
15of 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
20whom that person may be represented.

(8) Regulations 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
25resolution of either House of Parliament.

86D Fixed 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) 30a 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.

(2) If the tenancy comes to an end by virtue of the term expiring, or by
35virtue of an order under section 82(3), a new tenancy of the same
dwelling-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
40subsection (2) is a fixed term tenancy of whatever length the landlord
offered.

(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
45subsection (2) are the same as those of the tenancy that it replaces,
except 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) 5A 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
10may 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) 15If 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
20ended,

(c) the 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
25tenancy arising by virtue of section 86D.

(3) But 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
30under this section, any fixed term tenancy arising by virtue of
section 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
35tenancy to recover possession of the dwelling-house let on the
tenancy 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,
40other than an old-style secure tenancy, that the tenant may terminate
the 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
with 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) 5The tenancy is terminated on the date specified in the notice or (as
the case may be) determined in accordance with arrangements made
under 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
10the tenancy.””

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

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

(3) After subsection (1) insert—

“(1A) 15This 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
20follows.

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

(3) After subsection (1) insert—

“(1A) This section applies to—

(a) 25a secure tenancy of a dwelling-house in Wales, or

(b) an 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 30 Meaning of “flexible tenancy”

(1) For 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
35less than two years,

(b) it 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
40under the tenancy served a written notice on the person who
became 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
tenancies becoming secure tenancies),

(b) 5the 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
question was a local housing authority in England,

(d) 10the 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
tenancy that is a flexible tenancy for a fixed term of the length
15specified 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
20tenancy 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
notice, so far as those terms are compatible with the statutory
provisions relating to flexible tenancies; and in this subsection
25“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
(introductory tenancies becoming flexible tenancies), or

(b) it arises by virtue of section 143MA or 143MB of that Act
30(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
dwelling-house in England that—

(a) is a secure tenancy, other than a flexible tenancy, granted
35before 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
an express term stating that it is an old-style secure tenancy,
or

(c) 40is 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) In the entry relating to flexible tenancies, for “section 107A” substitute
“section 115B”.

(3) 45At the appropriate place insert—

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

(2) 5After 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
10Schedule 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
15than 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
20fixed 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
25length 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
30Planning Act 2016 comes fully into force.””

Housing 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
dwelling-house in England entered into or adopted by the authority
35or 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) a secure tenant of the same or another dwelling-house, or

(b) 40a 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”
insert “in Wales”.

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

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

(6) After subsection (5) insert—

“(6) In 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
10comes fully into force, this section has effect—

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

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

20 After section 124 insert—

“124A New introductory tenancies in England: overall length

(1) 15A 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
tenancy for a fixed term that is—

(a) at least 2 years, and

(b) no more than 5 years.

(2) 20If a local housing authority or a housing action trust purports to enter
into an introductory tenancy in breach of subsection (1), it takes
effect 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
25Planning Act 2016 comes fully into force.

(4) A tenancy of a dwelling-house in England that is adopted by a local
housing 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
30Schedule 7 to the Housing and Planning Act 2016 came fully
into force, and

(b) the 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
35by a local housing authority or a housing action trust is not an
introductory tenancy but would (on adoption or at any later time)
become 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
40tenancy in return for the tenant surrendering the original tenancy.

(7) If the tenant accepts in writing within the period of 28 days
beginning 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
45tenancy.