Localism Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Localism Bill

Localism Bill (Volume I)
Part 6 — Housing
Chapter 2 — Social housing: tenure reform
118

(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
entitled to an oral hearing and whether and by whom the
5
person may be represented at such a hearing.
(6)
The landlord must notify the tenant in writing of the decision on the
review.
(7)
If the decision is to confirm the original decision, the landlord must also
notify the tenant of the reasons for the decision.
10
(8)
The review must be carried out, and the tenant notified, before the date
specified in the notice of proceedings as the date after which
proceedings for the possession of the dwelling-house may be begun.
(9)
Regulations under this section—
(a)
may contain transitional or saving provision;
15
(b)
are to be made by statutory instrument which is subject to
annulment in pursuance of a resolution of either House of
Parliament.”
131
Flexible tenancies: other amendments
(1)
In section 83(1) of the Housing Act 1985 (proceedings for possession of
20
dwelling-house let on a secure tenancy: notice requirements) after “section
82(1A)” insert “, other than proceedings under section 107D (recovery of
possession on expiry of flexible tenancy),”.
(2)
In section 84(1) of that Act (grounds and orders for possession of dwelling-
house let on a secure tenancy) at the end insert “or in accordance with section
25
107D (recovery of possession on expiry of flexible tenancy)”.
(3)
In section 97 (tenant’s improvements require consent) after subsection (4)
insert—
“(5)
In this section “secure tenancy” does not include a secure tenancy that
is a flexible tenancy.”
30
(4)
In section 99A of that Act (right to compensation for improvement) after
subsection (8) insert—
“(9)
In this section—
(a)
“secure tenancy” does not include a secure tenancy that is a
flexible tenancy, and
35
(b)
“secure tenant” does not include a tenant under a secure
tenancy that is a flexible tenancy.”
(5)
In section 117 (index of defined expressions: Part 4) at the appropriate place
insert—

“flexible tenancy
section 107A”.

40
(6)
In section 188 (index of defined expressions: Part 5) at the appropriate place

Localism Bill (Volume I)
Part 6 — Housing
Chapter 2 — Social housing: tenure reform
119

insert—

“flexible tenancy
section 107A”.

(7)
After section 137 of the Housing Act 1996 (introductory tenancies) insert—
“Introductory tenancies that are to become flexible tenancies
137A
Introductory tenancies that are to become flexible tenancies
5
(1)
Where this section applies, a tenancy of a dwelling-house in England
that ceases to be a introductory tenancy and becomes a secure tenancy
in accordance with this Chapter becomes a flexible tenancy for the
purposes of the Housing Act 1985.
(2)
This section applies if, before entering into or adopting the introductory
10
tenancy, the person who became the landlord under the tenancy served
a written notice on the person who was or became the tenant under the
tenancy—
(a)
stating that, on ceasing to be an introductory tenancy, the
tenancy would become a secure tenancy for a fixed term that
15
was a flexible tenancy, and
(b)
specifying the length of the term of the tenancy.”
(8)
In section 143 of that Act (index of defined expressions: introductory tenancies)
at the appropriate place insert—

“flexible tenancy
section 230”.

20
(9)
After section 143M of that Act (demoted tenancies) insert—
“Demoted tenancies that are to become flexible tenancies
143MA
Demoted tenancies that are to become flexible tenancies
(1)
This section applies to a demoted tenancy of a dwelling-house in
England that—
25
(a)
was created on the termination of a flexible tenancy, and
(b)
ceases to be a demoted tenancy and becomes a secure tenancy
in accordance with this Chapter.
(2)
On ceasing to be a demoted tenancy, the tenancy becomes a secure
tenancy for a term certain that is a flexible tenancy.”
30
(10)
In section 230 of that Act (minor definitions: general) at the appropriate place
insert—
““flexible tenancy” has the meaning given by section 107A of the
Housing Act 1985;”.

Localism Bill (Volume I)
Part 6 — Housing
Chapter 2 — Social housing: tenure reform
120

Other provisions relating to tenancies of social housing
132
Secure and assured tenancies: transfer of tenancy
(1)
This section applies if the tenants (“the relevant tenants”) under two or more
tenancies of dwelling-houses in England (“the existing tenancies”) make a
request in writing to the landlord under each existing tenancy asking the
5
landlord to—
(a)
permit the relevant tenant or tenants under the existing tenancy to
surrender it, and
(b)
grant a new tenancy of the dwelling-house let under the tenancy to
another relevant tenant or other relevant tenants.
10
(2)
The landlord must comply with the request if the following conditions are met.
(3)
The first condition is that at least one of the existing tenancies is—
(a)
a secure tenancy that is not a flexible tenancy, or
(b)
an assured tenancy-
(i)
which is not an assured shorthold tenancy, and
15
(ii)
under which the landlord is the Regulator of Social Housing, a
private registered provider of social housing or a housing trust
which is a charity.
(4)
The second condition is that at least one of the existing tenancies is—
(a)
a secure tenancy that is a flexible tenancy, or
20
(b)
an assured shorthold tenancy under which the landlord is the
Regulator of Social Housing, a private registered provider of social
housing or a housing trust which is a charity.
(5)
The third condition is that the remaining existing tenancies (if any) fall within
subsection (3) or (4).
25
(6)
The fourth condition is that at least one of the existing tenancies to which
subsection (3) applies was granted before the day on which this section came
into force.
(7)
The fifth condition is that none of the landlords under the existing tenancies
has refused to comply with the request (and see further section 133).
30
(8)
Subsection (9) applies where a relevant tenant’s existing tenancy is—
(a)
a secure tenancy that is not a flexible tenancy, or
(b)
an assured tenancy that is not an assured shorthold tenancy.
(9)
The new tenancy granted to the relevant tenant pursuant to this section must
be—
35
(a)
a secure tenancy that is not a flexible tenancy, or
(b)
an assured tenancy that is not an assured shorthold tenancy,

according to the landlord’s capacity to grant a tenancy of either kind.
(10)
The Secretary of State may by regulations provide that this section does not
apply in relation to an assured shorthold tenancy of a kind specified in the
40
regulations.

Localism Bill (Volume I)
Part 6 — Housing
Chapter 2 — Social housing: tenure reform
121

133
Further provisions about transfer of tenancy under section 132
(1)
A landlord may refuse to comply with a request under section 132 only on one
or more of the grounds set out in Schedule 14 (and in that Schedule references
to the new tenancy are to the tenancy that the landlord has been requested to
grant under that section).
5
(2)
If the landlord refuses to comply with the request otherwise than on one of
those grounds, the landlord is treated for the purposes of section 132 as not
having refused to comply with the request.
(3)
A landlord may not rely on any of the grounds set out in Schedule 14 unless
the landlord has, within the period of 42 days beginning with receipt of the
10
relevant tenants’ request, given each of the tenants a notice specifying the
ground and giving particulars of it.
(4)
The duty imposed on a landlord by section 132 is enforceable by injunction.
(5)
A county court has jurisdiction to entertain any proceedings brought pursuant
to subsection (4).
15
(6)
In section 132, this section and Schedule 14—
(a)
“secure tenancy” has the meaning given by section 79 of the Housing
Act 1985,
(b)
“flexible tenancy” has the meaning given by section 107A of that Act,
(c)
“assured tenancy” and “assured shorthold tenancy” have the same
20
meaning as in Part 1 of the Housing Act 1988, and
(d)
other expressions defined in the Housing Act 1985 or the Housing Act
1988 have the same meaning as in that Act (and, if they are defined in
both Acts, have the same meaning as in the Housing Act 1985).
(7)
In section 160(1) of the Housing Act 1996 (cases where provisions about
25
allocations do not apply), for the “or” at the end of paragraph (d) substitute—
“(da)
is granted in response to a request under section 132 of the
Localism Act 2011 (transfer of tenancy), or”.
134
Succession to secure tenancies
(1)
Before section 87 of the Housing Act 1985 insert—
30
“86A
Persons qualified to succeed tenant: England
(1)
A person (“P”) is qualified to succeed the tenant under a secure tenancy
of a dwelling-house in England if—
(a)
P occupies the dwelling house as P’s only or principal home at
the time of the tenant’s death, and
35
(b)
P is the tenant’s spouse or civil partner.
(2)
Subsection (1) does not apply if the tenant was a successor as defined in
section 88.
(3)
In such a case, a person (“P”) (whether or not the tenant’s spouse or civil
partner) is qualified to succeed the tenant if—
40
(a)
an express term of the tenancy makes provision for a person to
succeed a successor to the tenancy, and
(b)
P’s succession is in accordance with that term.

Localism Bill (Volume I)
Part 6 — Housing
Chapter 2 — Social housing: tenure reform
122

(4)
For the purposes of this section—
(a)
a person who was living with the tenant as the tenant’s wife or
husband is to be treated as the tenant’s spouse, and
(b)
a person who was living with the tenant as if they were civil
partners is to be treated as the tenant’s civil partner.
5
(5)
Subsection (6) applies if, on the death of the tenant, there is by virtue of
subsection (4) more than one person who fulfils the condition in
subsection (1)(b).
(6)
Such one of those persons as may be agreed between them or as may,
where there is no such agreement, be selected by the landlord is for the
10
purpose of this section to be treated (according to whether that one of
them is of the opposite sex to, or of the same sex as, the tenant) as the
tenant’s spouse or civil partner.
(7)
This section does not apply to a secure tenancy that—
(a)
was entered into before the day on which section 134 of the
15
Localism Act 2011 came into force, or
(b)
came into being by virtue of section 86 (periodic tenancy arising
on termination of fixed term) on the coming to an end of a
secure tenancy within paragraph (a).”
(2)
In section 87 (persons qualified to succeed secure tenant)—
20
(a)
in the section heading at the end insert “: Wales”, and
(b)
after “secure tenancy” insert “of a dwelling-house in Wales”.
(3)
In section 89 (succession to periodic tenancy) is amended as follows.
(4)
After subsection (1) insert—
“(1A)
Where there is a person qualified to succeed the tenant under section
25
86A, the tenancy vests by virtue of this section—
(a)
in that person, or
(b)
if there is more than one such person, such of one them as may
be agreed between them or as may, where there is no
agreement, be selected by the landlord.”
30
(5)
In subsection (2) after “tenant” insert “under section 87”.
135
Succession to assured tenancies
(1)
Section 17 of the Housing Act 1988 (succession to assured periodic tenancy by
spouse) is amended as follows.
(2)
In the heading for “assured periodic tenancy by spouse” substitute “assured
35
tenancy”.
(3)
In subsection (1)—
(a)
at the beginning insert “Subject to subsection (1B),”, and
(b)
omit paragraph (c).
(4)
After that subsection insert—
40
“(1A)
Subject to subsection (1B), in any case where—
(a)
there is an assured tenancy of a dwelling-house in England for
a fixed term of not less than two years under which—

Localism Bill (Volume I)
Part 6 — Housing
Chapter 2 — Social housing: tenure reform
123

(i)
the landlord is a private registered provider of social
housing, and
(ii)
the tenant is a sole tenant,
(b)
the tenant under the tenancy dies, and
(c)
immediately before the death, the tenant’s spouse or civil
5
partner was occupying the dwelling-house as his or her only or
principal home,

then, on the death, the tenancy vests by virtue of this section in the
spouse or civil partner (and, accordingly, does not devolve under the
tenant’s will or intestacy).
10
(1B)
Subsection (1) or (1A) does not apply if the tenant was himself a
successor as defined in subsection (2) or subsection (3) below.
(1C)
In such a case, on the death, the tenancy vests by virtue of this section
in a person (“P”) (whether or not the tenant’s spouse or civil partner) if,
and only if—
15
(a)
(in a case within subsection (1)) the tenancy is of a dwelling-
house in England under which—
(i)
the landlord is a private registered provider of social
housing, and
(ii)
the tenant who has died was a sole tenant,
20
(b)
an express term of the tenancy makes provision for a person to
succeed a successor to the tenancy, and
(c)
P’s succession is in accordance with that term.”
(5)
After that subsection insert—
“(6)
If, on the death of the tenant, there is more than one person in whom
25
the tenancy would otherwise vest by virtue of subsection (1C), the
tenancy vests in such of one as may be agreed between them or, in
default of agreement, as is determined by the county court.”
(6)
The amendments made by this section do not apply in relation to an assured
tenancy that—
30
(a)
was granted before the day on which this section comes into force, or
(b)
came into being by virtue of section 5 of the Housing Act 1988 (periodic
tenancy arising on termination of fixed term) on the coming to an end
of an assured shorthold tenancy within paragraph (a).
136
Assured shorthold tenancies following family intervention tenancies
35
After section 20B of the Housing Act 1988 insert—
“20C
Assured shorthold tenancies following family intervention tenancies
(1)
An assured tenancy that arises by virtue of a notice under paragraph
12ZA(2) of Schedule 1 in respect of a family intervention tenancy is an
assured shorthold tenancy if—
40
(a)
the landlord under the assured tenancy is a private registered
provider of social housing,
(b)
the family intervention tenancy was granted to a person on the
coming to an end of an assured shorthold tenancy under which
the person was a tenant, and
45

Localism Bill (Volume I)
Part 6 — Housing
Chapter 2 — Social housing: tenure reform
124

(c)
the notice states that the family intervention tenancy is to be
regarded as an assured shorthold tenancy.
(2)
This section does not apply if the family intervention tenancy was
granted before the coming into force of section 136 of the Localism Act
2011.”
5
137
Assured shorthold tenancies: notice requirements
(1)
In section 21 of the Housing Act 1988 (recovery of possession on expiry or
termination of assured shorthold tenancy) after subsection (1) insert—
“(2A)
Subsection (2B) applies to an assured shorthold tenancy if—
(a)
it is a fixed term tenancy for a term certain of not less than two
10
years, and
(b)
the landlord is a private registered provider of social housing.
(2B)
The court may not make an order for possession of the dwelling-house
let on the tenancy unless the landlord has given to the tenant not less
than six months’ notice in writing—
15
(a)
stating that the landlord does not propose to grant another
tenancy on the expiry of the fixed term tenancy, and
(b)
informing the tenant of how to obtain help or advice about the
notice and, in particular, of any obligation of the landlord to
provide help or advice.”
20
(2)
The amendments made by this section do not apply in relation to an assured
shorthold tenancy that—
(a)
was granted before the day on which this section comes into force, or
(b)
came into being by virtue of section 5 of the Housing Act 1988 (periodic
tenancy arising on termination of fixed term) on the coming to an end
25
of an assured shorthold tenancy within paragraph (a).
138
Assured shorthold tenancies: rights to acquire
(1)
Section 180 of the Housing and Regeneration Act 2008 (social housing: right to
acquire) is amended as follows.
(2)
In subsection (2)(a) (conditions to be met in relation to tenancies) omit “an
30
assured shorthold tenancy or”.
(3)
After subsection (2) insert—
“(2A)
The Secretary of State may by regulations provide that an assured
shorthold tenancy of a description specified in the regulations is not a
tenancy within subsection (2).”
35
(4)
The amendments made by this section do not apply in relation to an assured
shorthold tenancy that—
(a)
was granted before the day on which this section comes into force, or
(b)
came into being by virtue of section 5 of the Housing Act 1988 (periodic
tenancy arising on termination of fixed term) on the coming to an end
40
of an assured shorthold tenancy within paragraph (a).