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Housing Act 1996, Section 124 is up to date with all changes known to be in force on or before 04 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)A local housing authority or a housing action trust may elect to operate an introductory tenancy regime [F1in England].
(2)When such an election is in force, every periodic tenancy of a dwelling-house entered into or adopted by the authority or trust shall, if it would otherwise be a secure tenancy, be an introductory tenancy, unless 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
[F2(b)a tenant under a relevant assured tenancy, other than an assured shorthold tenancy, of the same or another dwelling-house.]
[F3(2A)In subsection (2)(b) “relevant assured tenancy” means—
(a)an assured tenancy in respect of social housing under which the landlord is a private registered provider of social housing, F4...
F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and for these purposes “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008.]
(3)Subsection (2) does not apply to a tenancy entered into or adopted in pursuance of a contract made before the election was made.
(4)For the purposes of this Chapter a periodic tenancy is adopted by a person if that person becomes the landlord under the tenancy, whether on a disposal or surrender of the interest of the former landlord.
(5)An election under this section may be revoked at any time, without prejudice to the making of a further election.
Textual Amendments
F1Words in s. 124(1) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 25(4)(a) (with savings and transitional provisions in S.I. 2022/1172, regs. 4-7, 19)
F2S. 124(2)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 96(2) (with art. 6, Sch. 3)
F3S. 124(2A) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 96(3) (with art. 6, Sch. 3)
F4Word in s. 124(2A)(a) omitted (1.12.2022) by virtue of The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 25(4)(c)(ii) (with savings and transitional provisions in S.I. 2022/1172, regs. 4-7, 19)
F5S. 124(2A)(b) omitted (1.12.2022) by virtue of The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 25(4)(c)(iii) (with savings and transitional provisions in S.I. 2022/1172, regs. 4-7, 19)
Modifications etc. (not altering text)
C1S. 124 modified (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(b), Sch. 7 para. 12(6)(b) (with Sch. 7 para. 12(9)); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)
C2S. 124 modified (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(b), Sch. 7 para. 4(6)(b); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)
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