Secure Tenancies (Victims of Domestic Abuse) Bill (HL Bill 89)

A

BILL

[AS AMENDED ON REPORT]

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 or was a tenant of some
other dwelling-house under a qualifying tenancy (whether as
the sole tenant or as a joint tenant), and

(b) 10the authority is satisfied that—

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

(ii) the new tenancy is granted for reasons connected with
15that abuse.

(2B) A 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 was a joint tenant of that
dwelling-house under an old-style secure tenancy, and

(b) 20the authority is satisfied that—

Secure Tenancies (Victims of Domestic Abuse) BillPage 2

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

(ii) the new tenancy is granted for reasons connected with
5that abuse.

(2C) In subsections (2A) and (2B)

  • “abuse” means—

    (a)

    violence,

    (b)

    threatening, intimidating, coercive or controlling
    10behaviour, 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)

    15in an intimate personal relationship with the abuser;

  • “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
    20tenancy 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 “, (2A) or (2B)”.

2 Extent, commencement and short title

(1) 25This 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
302018.