Localism Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Localism Bill

Localism Bill (Volume I)
Part 6 — Housing
Chapter 1 — Allocation and homelessness
111

(b)
in paragraph (ab) for “private accommodation offer” substitute
“private rented sector offer”,
(c)
omit paragraph (b), and
(d)
in the words following that paragraph for “it is reasonable to accept the
offer” substitute “subsection (8) does not apply to the applicant.”
5
(10)
For subsection (8) substitute—
“(8)
This subsection applies to an applicant if—
(a)
the applicant is under contractual or other obligations in respect
of the applicant’s existing accommodation, and
(b)
the applicant is not able to bring those obligations to an end
10
before being required to take up the offer.”
(11)
After subsection (9) insert—
“(10)
The appropriate authority may provide by regulations that subsection
(7AC)(c) is to have effect as if it referred to a period of the length
specified in the regulations.
15
(11)
Regulations under subsection (10)—
(a)
may not specify a period of less than 12 months, and
(b)
may not apply to restricted cases.
(12)
In subsection (10) “the appropriate authority”—
(a)
in relation to local housing authorities in England, means the
20
Secretary of State;
(b)
in relation to local housing authorities in Wales, means the
Welsh Ministers.”
125
Duties to homeless persons: further amendments
(1)
The Housing Act 1996 is amended as follows.
25
(2)
In section 188 after subsection (1) insert—
“(1A)
But if the local housing authority have reason to believe that the duty
under section 193(2) may apply in relation to an applicant in the
circumstances referred to in section 195A(1), they shall secure that
accommodation is available for the applicant’s occupation pending a
30
decision of the kind referred to in subsection (1) regardless of whether
the applicant has a priority need.”
(3)
In section 195 omit subsection (3A).
(4)
After section 195 insert—
“195A
Re-application after private rented sector offer
35
(1)
If within two years beginning with the date on which an applicant
accepts an offer under section 193(7AA) (private rented sector offer),
the applicant re-applies for accommodation, or for assistance in
obtaining accommodation, and the local housing authority—
(a)
is satisfied that the applicant is homeless and eligible for
40
assistance, and
(b)
is not satisfied that the applicant became homeless
intentionally,

Localism Bill (Volume I)
Part 6 — Housing
Chapter 1 — Allocation and homelessness
112


the duty under section 193(2) applies regardless of whether the
applicant has a priority need.
(2)
For the purpose of subsection (1), an applicant in respect of whom a
valid notice under section 21 of the Housing Act 1988 (orders for
possession on expiry or termination of assured shorthold tenancy) has
5
been given is to be treated as homeless from the date on which that
notice expires.
(3)
If within two years beginning with the date on which an applicant
accepts an offer under section 193(7AA), the applicant re-applies for
accommodation, or for assistance in obtaining accommodation, and the
10
local housing authority—
(a)
is satisfied that the applicant is threatened with homelessness
and eligible for assistance, and
(b)
is not satisfied that the applicant became threatened with
homelessness intentionally,
15

the duty under section 195(2) applies (regardless of whether the
applicant has a priority need).
(4)
For the purpose of subsection (3), an applicant in respect of whom a
valid notice under section 21 of the Housing Act 1988 has been given is
to be treated as threatened with homelessness from the date on which
20
that notice is given.
(5)
Subsection (1) or (3) does not apply to a case where the local housing
authority would not be satisfied as mentioned in that subsection
without having regard to a restricted person.
(6)
Subsection (1) or (3) does not apply to a re-application of the kind
25
referred to in that subsection if—
(a)
the applicant has previously made a re-application of the kind
referred to in subsection (1) or (3) to the housing authority, and
(b)
section 193(2) or 195(2) applied as mentioned in that subsection
on that previous re-application.”
30
(5)
Section 198 (referral to another local housing authority) is amended as follows.
(6)
After subsection (2) insert—
“(2ZA)
The conditions for referral of the case to another authority are also met
if—
(a)
the application is made within the period of two years
35
beginning with the date on which the applicant accepted an
offer from the other authority under section 193(7AA), and
(b)
neither the applicant nor any person who might reasonably be
expected to reside with the applicant will run the risk of
domestic violence in the district of the other authority.”
40
(7)
In subsection (2A) after “(2)” insert “or (2ZA)”.
(8)
In subsection (3) after “(2)” insert “, (2ZA)”.
(9)
In section 202(1)(g) (right to request review of decision) for “private
accommodation offer” substitute “private rented sector offer”.

Localism Bill (Volume I)
Part 6 — Housing
Chapter 2 — Social housing: tenure reform
113

Chapter 2
Social housing: tenure reform
Tenancy strategies
126
Tenancy strategies
(1)
A local housing authority in England must prepare and publish a strategy (a
5
“tenancy strategy”) setting out the matters to which the registered providers of
social housing in its district are to have regard in formulating policies relating
to—
(a)
the kinds of tenancies they grant,
(b)
the circumstances in which they will grant a tenancy of a particular
10
kind,
(c)
where they grant tenancies for a term certain, the lengths of the terms,
and
(d)
the circumstances in which they will grant a further tenancy on the
coming to an end of an existing tenancy.
15
(2)
The tenancy strategy must summarise those policies or explain where they
may be found.
(3)
A local housing authority must have regard to its tenancy strategy in exercising
its housing management functions.
(4)
A local housing authority must publish its tenancy strategy before the end of
20
the period of 12 months beginning with the day on which this section comes
into force.
(5)
A local housing authority must keep its tenancy strategy under review, and
may modify or replace it from time to time.
(6)
If a local housing authority modifies its tenancy strategy, it must publish the
25
modifications or the strategy as modified (as it considers appropriate).
(7)
A local housing authority must—
(a)
make a copy of everything published under this section available at its
principal office for inspection at all reasonable hours, without charge,
by members of the public, and
30
(b)
provide (on payment if required by the authority of a reasonable
charge) a copy of anything so published by any member of the public
who asks for one.
(8)
In this section and section 127 (preparation of tenancy strategy)—
(a)
references to a registered provider of social housing for a district are to
35
a registered provider who grants tenancies of dwelling-houses in that
district, and
(b)
“district”, “dwelling house” and “local housing authority” have the
same meaning as in the Housing Act 1985.
127
Preparation of tenancy strategy
40
(1)
Before adopting a tenancy strategy, or making a modification to it reflecting a
major change of policy, the authority must—

Localism Bill (Volume I)
Part 6 — Housing
Chapter 2 — Social housing: tenure reform
114

(a)
send a copy of the draft strategy, or proposed modification, to every
private registered provider of social housing for its district, and
(b)
give the private registered provider a reasonable opportunity to
comment on those proposals.
(2)
Before adopting a tenancy strategy, or making a modification to it reflecting a
5
major change of policy, the authority must also—
(a)
consult such other persons as the Secretary of State may by regulations
prescribe, and
(b)
in the case of an authority that is a London borough council, consult the
Mayor of London.
10
(3)
The authority must, in preparing or modifying a tenancy strategy, have regard
to—
(a)
its current allocation scheme under section 166A of the Housing Act
1996,
(b)
its current homelessness strategy under section 1 of the Homelessness
15
Act 2002, and
(c)
in the case of an authority that is a London borough council, the
London housing strategy.
128
Standards about tenancies etc
In section 197 of that Act (power of Secretary of State to give directions to
20
regulators) in subsection (2) after paragraph (a) insert—
“(aa)
tenure,”.
129
Relationship between schemes and strategies
In section 3 of the Homelessness Act 2002 (homelessness strategy) after
subsection (7) insert—
25
“(7A)
In formulating or modifying a homelessness strategy, a local housing
authority in England shall have regard to—
(a)
its current allocation scheme under section 166A of the Housing
Act 1996,
(b)
its current tenancy strategy under section 126 of the Localism
30
Act 2011, and
(c)
in the case of an authority that is a London borough council, the
current London housing strategy.”
Flexible tenancies
130
Flexible tenancies
35
After section 106A of the Housing Act 1985 insert—
“Flexible tenancies
107A
Flexible tenancies
(1)
For the purposes of this Act, a flexible tenancy is a secure tenancy to
which any of the following subsections applies.
40

Localism Bill (Volume I)
Part 6 — Housing
Chapter 2 — Social housing: tenure reform
115

(2)
This subsection applies to a secure tenancy if—
(a)
it is granted by a landlord in England for a term certain of not
less than two years, and
(b)
before it was granted the person who became the landlord
under the tenancy served a written notice on the person who
5
became the tenant under the tenancy stating that the tenancy
would be a secure tenancy.
(3)
This subsection applies to a secure tenancy if—
(a)
it becomes a secure tenancy by virtue of a notice under
paragraph 4ZA(2) of Schedule 1 (family intervention tenancies
10
becoming secure tenancies),
(b)
the landlord under the family intervention tenancy in question
was a local housing authority in England,
(c)
the family intervention tenancy was granted to a person on the
coming to an end of a flexible tenancy under which the person
15
was a tenant (“the original flexible tenancy”), and
(d)
the notice states that the tenancy is to become a secure tenancy
for a term certain that is a flexible tenancy.
(4)
This subsection applies to a secure tenancy if—
(a)
it is created by virtue of section 137A of the Housing Act 1996
20
(introductory tenancies becoming flexible tenancies), or
(b)
it arises by virtue of section 143MA of that Act (demoted
tenancies becoming flexible tenancies).
107B
Review of decisions relating to flexible tenancies
(1)
This section applies if a person (“the prospective landlord”)—
25
(a)
offers to grant a flexible tenancy (whether or not on the coming
to an end of an existing tenancy of any kind), or
(b)
serves a notice under section 137A of the Housing Act 1996
stating that, on the coming to an end of an introductory tenancy,
it will become a flexible tenancy.
30
(2)
A person to whom the offer is made or on whom the notice is served
(“the person concerned”) may request a review of the prospective
landlord’s decision about the length of the term of the tenancy.
(3)
The review may only be requested on the basis that the length of the
term does not accord with a policy of the prospective landlord as to the
35
length of the terms of the flexible tenancies it grants.
(4)
A request for a review must be made before the end of—
(a)
the period of 21 days beginning with the day on which the
person concerned first receives the offer or notice, or
(b)
such longer period as the the prospective landlord may in
40
writing allow.
(5)
On a request being duly made to it, the prospective landlord must
review its decision.
(6)
The Secretary of State may by regulations make provision about the
procedure to be followed in connection with a review under this
45
section.

Localism Bill (Volume I)
Part 6 — Housing
Chapter 2 — Social housing: tenure reform
116

(7)
The regulations may, in particular, make provision—
(a)
requiring the decision on the review to be made by a person of
appropriate seniority who was not involved in the original
decision, and
(b)
as to the circumstances in which the person concerned is
5
entitled to an oral hearing, and whether and by whom the
person may be represented at such a hearing.
(8)
The prospective landlord must notify the person concerned in writing
of the decision on the review.
(9)
If the decision is to confirm the original decision, the prospective
10
landlord must also notify the person of the reasons for the decision.
(10)
Regulations under this section—
(a)
may contain transitional or saving provision;
(b)
are to be made by statutory instrument which is subject to
annulment in pursuance of a resolution of either House of
15
Parliament.
107C
Termination of flexible tenancy by tenant
(1)
It is a term of every flexible 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
20
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).
25
(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)
the tenant is not otherwise materially in breach of a term of the
30
tenancy.
107D
Recovery of possession on expiry of flexible tenancy
(1)
Subject as follows, on or after the coming to an end of a flexible tenancy
a court must make an order for possession of the dwelling-house let on
the tenancy if it is satisfied that the following conditions are met.
35
(2)
Condition 1 is that the flexible tenancy has come to an end and no
further secure tenancy (whether or not a flexible tenancy) is for the time
being in existence, other than a secure tenancy that is a periodic tenancy
(whether or not arising by virtue of section 86).
(3)
Condition 2 is that the landlord has given the tenant not less than six
40
months’ notice in writing—
(a)
stating that the landlord does not propose to grant another
tenancy on the expiry of the flexible tenancy,
(b)
setting out the landlord’s reasons for not proposing to grant
another tenancy, and
45

Localism Bill (Volume I)
Part 6 — Housing
Chapter 2 — Social housing: tenure reform
117

(c)
informing the tenant of the tenant’s right to request a review of
the landlord’s proposal and of the time within which such a
request must be made.
(4)
Condition 3 is that the landlord has given the tenant not less than two
months’ notice in writing stating that the landlord requires possession
5
of the dwelling-house.
(5)
A notice under subsection (4) may be given before or on the day on
which the tenancy comes to an end.
(6)
The court may refuse to grant an order for possession under this section
if—
10
(a)
the tenant has in accordance with section 107E requested a
review of the landlord’s proposal not to grant another tenancy
on the expiry of the flexible tenancy, and
(b)
the court is satisfied that the landlord has failed to carry out the
review in accordance with provision made by or under that
15
section or that the decision on the review is otherwise wrong in
law.
(7)
If a court refuses to grant an order for possession by virtue of
subsection (6) it may make such directions as to the holding of a review
or further review under section 107E as it thinks fit.
20
(8)
This section has effect notwithstanding that, on the coming to an end of
the flexible tenancy, a periodic tenancy arises by virtue of section 86.
(9)
Where a court makes an order for possession of a dwelling-house by
virtue of this section, any periodic tenancy arising by virtue of section
86 on the coming to an end of the flexible tenancy comes to an end
25
(without further notice and regardless of the period) in accordance with
section 82(2).
(10)
This section is without prejudice to any right of the landlord under a
flexible tenancy to recover possession of the dwelling-house let on the
tenancy in accordance with this Part.
30
107E
Review of decision to seek possession
(1)
A request for a review of a landlord’s decision to seek an order for
possession of a dwelling-house let under a flexible tenancy must be
made before the end of the period of 21 days beginning with the day on
which the notice under section 107D(3) is served.
35
(2)
On a request being duly made to it, the landlord must review its
decision.
(3)
The review must, in particular, consider whether the decision is in
accordance with any policy of the landlord as to the circumstances in
which it will grant a further tenancy on the coming to an end of an
40
existing flexible tenancy.
(4)
The Secretary of State may by regulations make provision about the
procedure to be followed in connection with a review under this
section.
(5)
The regulations may, in particular, make provision—
45