Housing Act 1988

[F1 20C Assured shorthold tenancies following demoted tenancies E+W

(1) Subsection (2) applies if—

(a) section 20B applies to an assured shorthold tenancy of a dwelling-house in England (“the demoted tenancy”),

(b) the landlord is a private registered provider of social housing,

(c) the demoted tenancy was created by an order under section 6A made after the coming into force of section 163(2) of the Localism Act 2011,

(d) the assured tenancy that was terminated by that order was an assured shorthold tenancy that, whether or not it was a fixed term tenancy when terminated by the order, was granted for a term certain of not less than two years,

(e) apart from subsection (2), the demoted tenancy would cease to be an assured shorthold tenancy by virtue of section 20B(2) or (4), and

(f) the landlord has served a notice within subsection (3) on the tenant before the demoted tenancy ceases to be an assured shorthold tenancy by virtue of section 20B(2) or (4).

(2) The demoted tenancy does not cease to be an assured shorthold tenancy by virtue of section 20B(2) or (4), and at the time when it would otherwise cease to be an assured shorthold tenancy by virtue of section 20B(2) to (4)—

(a) it becomes an assured shorthold tenancy which is a fixed term tenancy for a term certain, and

(b) section 20B ceases to apply to it.

(3) The notice must—

(a) state that, on ceasing to be a demoted assured shorthold tenancy, the tenancy will become an assured shorthold tenancy which is a fixed term tenancy for a term certain of the length specified in the notice,

(b) specify a period of at least two years as the length of the term of the tenancy, and

(c) set out the other express terms of the tenancy.

(4) Where an assured shorthold tenancy becomes a fixed term tenancy by virtue of subsection (2)—

(a) the length of its term is that specified in the notice under subsection (3), and

(b) its other express terms are those set out in the notice.]

Textual Amendments

F1 S. 20C inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 163(2), 240(2); S.I. 2012/628, art. 6(c) (with arts. 9 11 14 15 17)