Secure Tenancies (Victims of Domestic Abuse) Bill (HL Bill 76)

A

BILL

TO

Make provision about the granting of old-style secure tenancies in cases of
domestic abuse.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Duty to grant old-style secure tenancies: victims of domestic abuse

(1) Section 81B of the Housing Act 1985 (cases where old-style English secure
tenancies may be granted) is amended as follows.

(2) After subsection (2) insert—

(2A) 5A local housing authority that grants a secure tenancy of a dwelling-
house in England must grant an old-style secure tenancy if—

(a) the tenancy is offered to a person who is already a tenant of
some other dwelling-house under a qualifying tenancy
(whether as the sole tenant or as a joint tenant),

(b) 10the person has made an application to move, and

(c) the authority is satisfied that—

(i) the person or a member of the person’s household is or
has been a victim of domestic abuse, and

(ii) granting the new tenancy will reduce the risk of the
15victim being further abused by the same abuser.

(2B) In subsection (2A)

  • “abuse” means—

    (a)

    violence,

    (b)

    threatening, intimidating, coercive or controlling
    20behaviour, or

    (c)

    any other form of abuse, including emotional, financial,
    physical, psychological or sexual abuse;

  • “domestic abuse” is abuse where the victim is or has been—

    (a)

    in the same family or household as the abuser, or

    (b)

    25in an intimate personal relationship with the abuser;

  • Secure Tenancies (Victims of Domestic Abuse) BillPage 2

  • “qualifying tenancy” means a tenancy of a dwelling-house in
    England which is—

    (a)

    an old-style secure tenancy, or

    (b)

    an assured tenancy which is not an assured shorthold
    5tenancy and which is granted by a private registered
    provider of social housing, by the Regulator of Social
    Housing or by a housing trust which is a charity.”

(3) In subsection (1)(b), after “(2)” insert “or (2A)”.

2 Extent, commencement and short title

(1) 10This Act extends to England and Wales only.

(2) Section 1 of this Act comes into force on such day as the Secretary of State may
by regulations made by statutory instrument appoint.

(3) This section comes into force on the day on which this Act is passed.

(4) This Act may be cited as the Secure Tenancies (Victims of Domestic Abuse) Act
152018.