Localism Act 2011 (c. 20)

PART 7 Housing

CHAPTER 2 Social housing: tenure reform

Other provisions relating to tenancies of social housing

156 Creation of tenancies of social housing

(1) In section 52 of the Law of Property Act 1925 (requirement that conveyances of land and interests in land be made by deed) in subsection (2) (exceptions) after paragraph (d) insert—

“(da) flexible tenancies;

(db) assured tenancies of dwelling-houses in England that are granted by private registered providers of social housing and are not long tenancies or shared ownership leases;”.

(2) After that subsection insert—

“(3) In this section—

• “assured tenancy” has the same meaning as in Part 1 of the Housing Act 1988;

• “dwelling-house” has the same meaning as in Part 1 of the Housing Act 1988;

• “flexible tenancy” has the meaning given by section 107A of the Housing Act 1985;

• “long tenancy” means a tenancy granted for a term certain of more than 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture;

• “shared ownership lease” means a lease of a dwelling-house—

  (a)

  granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or

  (b)

  under which the lessee (or the lessee’s personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.”