Housing and Planning Bill (HL Bill 117)

(b) at the appropriate place insert—

• “““secure tenancy” has the meaning given by section 79
  of the Housing Act 1985 and “old-style secure
  tenancy” has the meaning given by section 115C of
  5that Act;”.”

Housing Act 1985 (c. 68)Housing Act 1985 (c. 68)

2 The Housing Act 1985 is amended as follows.

3 For the italic heading before section 79 substitute—

4 After section 81 insert—

10““Grant of new secure tenancies in England

81A New English secure tenancies to be between 2 and 5 years in general

(1) A person may grant a secure 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) 15no more than 5 years.

(2) If a person purports to grant a secure tenancy in breach of
subsection (1), it takes effect as a tenancy for a fixed term of 5 years.

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

81B 20Cases where old-style English secure tenancies may be granted

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

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

(b) 25in accordance with subsection (2), or

(c) if required to do so by section 158(9B) of the Localism Act
2011 (which relates to transfer requests made before section
120 of the Housing and Planning Act 2016 comes into force).

(2) A local housing authority that grants a secure tenancy of a dwelling-
30house 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
35being 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) A 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) 5This section applies where a change in circumstances means that a
tenancy 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
10the original tenancy.

(3) If 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 15Review of decisions about length of secure tenancies in England

(1) A 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) 20The 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 secure tenancies
it grants.

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

(a) 25the 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) On receiving the request the prospective landlord must carry out the
30review.

(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
length of the tenancy, and

(c) 35if 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) The regulations may, in particular—

(a) 40require 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
who requested the review is entitled to an oral hearing, and
45whether 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
instrument which is subject to annulment in pursuance of a
5resolution 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—

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

(2) 10After 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) the landlord is a local housing authority or housing action
trust, and

(b) 15the 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) In subsection (5), for paragraph (b) substitute—

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

(4) 20For 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) the secure tenancy was for a fixed term and was a tenancy of
25a 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
requirements), in subsection (A1), for paragraph (b) substitute—

“(b) 30proceedings 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
“section 107D (recovery of possession on expiry of flexible tenancy)”
35substitute “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) In subsection (1), after “secure tenancy” insert “to which this section
40applies”.

(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
England that is—

(a) 5an 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
into force,

10unless 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 English tenancies: review to determine what to do at end of fixed term

(1) 15The 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) Exception 2 is where the tenancy is a flexible tenancy the term of
20which 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) 25On 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
40considers that to be a realistic option for the tenant, and

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

86B Notification of outcome of review under section 86A

(1) On completing a review under section 86A the landlord must notify
5the 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) The notice must state which of the options mentioned in section 86A
the landlord has decided to take.

(4) 10If 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
landlord to reconsider, and

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

(5) 15If 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
accordance with the offer.

86C Reconsideration of decision not to grant a tenancy

(1) 20Where 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
request the landlord to reconsider its decision.

(2) The request must be made before the end of the period of 21 days
25beginning 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
30coming 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) 35The 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
40of 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
45whom 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
5resolution 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) 10a 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
15virtue 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
20subsection (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
25subsection (2) are the same as those of the tenancy that it replaces,
except that the terms are confined to those which are compatible
with a tenancy of the length determined in accordance with
subsection (3) or (4).

(6) A new tenancy does not arise by virtue of subsection (2) if the tenant
30has 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
may bring proceedings for possession under this section if—

(a) 35the 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) If the landlord brings proceedings under this section the court must
40make 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) 45the 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) 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
5section 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
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
10further 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
tenancy in accordance with other provisions of this Part.

Termination of English secure tenancies by tenant

86F 15Termination 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
the tenancy in accordance with the following provisions of this
section.

(2) 20The 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
25requirement 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
under subsection (4) only if on that date—

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

(b) 30the 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) In subsection (1), after “secure tenancy” insert “to which this section
applies”.

(3) 35After 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) 40Section 99A (right to compensation for improvements) is amended as
follows.

(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) 5a 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 10 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
15less 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
20under 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
25paragraph 4ZA(2) of Schedule 1 (family intervention
tenancies 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) 30the landlord under the family intervention tenancy in
question 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) 35the notice states that the tenancy is to become a secure
tenancy 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
40years.

(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
45notice, 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
5(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
10dwelling-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
15an 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) 20In 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) 25After 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) 30it was granted on or after the day on which paragraph 4 of
Schedule 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) 35it is a periodic tenancy or a tenancy for a fixed term of less
than 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) 40state that the tenancy is to become a secure tenancy for a
fixed 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
length of the secure tenancy, and the other terms, are those set out
5in 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.””

Housing Act 1996 (c. 52)Housing Act 1996 (c. 52)

18 10The 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
15or 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) 20a 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) 25In 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) In relation to a tenancy entered into or adopted by a local housing
30authority 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) as if, in subsection (2), the words “in Wales” were omitted.”

20 35After 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
tenancy for a fixed term that is—

(a) 40at least 2 years, and

(b) no more than 5 years.