- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (30/09/2022)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 30/09/2022. This version of this cross heading contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Housing and Planning Act 2016, Paragraph 11 is up to date with all changes known to be in force on or before 15 August 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Prospective
11E+WAfter section 86 insert—
(1)The landlord under a fixed term secure tenancy of a dwelling-house in England must carry out a review to decide what to do at the end of the term, unless one of the following exceptions applies.
(2)Exception 1 is where the tenancy is an old-style secure tenancy.
(3)Exception 2 is where the tenancy is a flexible tenancy the term of which ends within the period of 9 months beginning with the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 comes fully into force.
(4)A review under this section must be carried out while the term has 6 to 9 months left to run.
(5)On a review under this section the landlord must decide which of the following options to take.
Option 1: | offer to grant a new secure tenancy of the dwelling-house at the end of the current tenancy. |
Option 2: | seek possession of the dwelling house at the end of the current tenancy but offer to grant a secure tenancy of another dwelling-house instead. |
Option 3: | seek possession of the dwelling-house at the end of the current tenancy without offering to grant a secure tenancy of another dwelling-house. |
(6)The landlord must also—
(a)offer the tenant advice on buying a home if the landlord considers that to be a realistic option for the tenant, and
(b)in appropriate cases, offer the tenant advice on other housing options.
(1)On completing a review under section 86A the landlord must notify the tenant in writing of the outcome of the review.
(2)The notice must be given by no later than 6 months before the end of the term of the current tenancy.
(3)The notice must state which of the options mentioned in section 86A the landlord has decided to take.
(4)If the landlord has decided to seek possession of the dwelling-house at the end of the secure tenancy the notice must also—
(a)inform the tenant of the right under section 86C to request the landlord to reconsider, and
(b)specify the time limit for making a request under that section.
(5)If the notice states that the landlord has decided to offer a new tenancy and the tenant accepts in writing before the end of the current tenancy, the landlord must grant the new tenancy in accordance with the offer.
(1)Where a tenant is notified that the outcome of a review under section 86A is that the landlord has decided to seek possession of the dwelling-house at the end of the current tenancy, the tenant may request the landlord to reconsider its decision.
(2)The request must be made before the end of the period of 21 days beginning with the day on which tenant was notified of the decision.
(3)On receiving the request, the landlord must reconsider its decision.
(4)The landlord must, in particular, consider whether the original decision is in accordance with any policy that the landlord has about the circumstances in which it will grant a further tenancy on the coming to an end of an existing fixed term tenancy.
(5)Once the landlord has reconsidered the decision the landlord must—
(a)notify the tenant in writing of the outcome,
(b)revise or confirm its original decision, and
(c)if it decides to confirm its original decision, give reasons.
(6)The Secretary of State may by regulations make provision about the procedure to be followed in connection with reconsidering a decision for the purposes of this section.
(7)The regulations may, in particular—
(a)require the original decision to be reconsidered by a person of appropriate seniority who was not involved in the original decision, and
(b)make provision as to the circumstances in which the person who requested the landlord to reconsider the original decision is entitled to an oral hearing, and whether and by whom that person may be represented.
(8)Regulations under this section may include transitional or saving provision.
(9)Regulations under this section are to be made by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.
(1)This section applies to a secure tenancy of a dwelling-house in England other than—
(a)an old-style secure tenancy, or
(b)a flexible tenancy the term of which ends within the period of 9 months beginning with the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 comes fully into force.
(2)If the tenancy comes to an end by virtue of the term expiring, or by virtue of an order under section 82(3), a new tenancy of the same dwelling-house arises by virtue of this subsection.
(3)Where the landlord has offered the tenant a new tenancy of the same dwelling-house following a review under section 86A but the tenant has failed to accept, the new tenancy that arises by virtue of subsection (2) is a fixed term tenancy of whatever length the landlord offered.
(4)In any other case, the new tenancy that arises by virtue of subsection (2) is a 5 year fixed term tenancy.
(5)The parties and other terms of a new tenancy that arises by virtue of subsection (2) are the same as those of the tenancy that it replaces, except that the terms are confined to those which are compatible with a tenancy of the length determined in accordance with subsection (3) or (4).
(6)A new tenancy does not arise by virtue of subsection (2) if the tenant has been granted another secure tenancy of the same dwelling-house to begin at the same time as the earlier tenancy ends.
(1)The landlord under a secure tenancy of a dwelling-house in England may bring proceedings for possession under this section if—
(a)the landlord has decided on a review under section 86A to seek possession at the end of the tenancy, and
(b)the landlord has not subsequently revised the decision under section 86C.
(2)If the landlord brings proceedings under this section the court must make an order for possession if satisfied that—
(a)the landlord has complied with all of the requirements of sections 86A to 86C,
(b)the tenancy that was the subject of the review section 86A has ended,
(c)the proceedings were commenced before the end of the period of 3 months beginning with the day on which the tenancy ended, and
(d)the only fixed term tenancy still in existence is a new secure tenancy arising by virtue of section 86D.
(3)But the court may refuse to grant an order for possession under this section if the court considers that a decision of the landlord under section 86A or 86C was wrong in law.
(4)Where a court makes an order for possession of a dwelling-house under this section, any fixed term tenancy arising by virtue of section 86D on the coming to an end of the tenancy that was the subject of the review under section 86A comes to an end (without further notice) in accordance with section 82(2).
(5)This section does not limit any right of the landlord under a secure tenancy to recover possession of the dwelling-house let on the tenancy in accordance with other provisions of this Part.
(1)It is a term of every secure tenancy of a dwelling-house in England, other than an old-style secure 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 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).
(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 tenancy.”
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys