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PART IVE+W SECURE TENANCIES AND RIGHTS OF SECURE TENANTS

Modifications etc. (not altering text)

C2Pt. IV (ss. 79-117) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(c)

C3Pt. IV (ss. 79-117) extended (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 7(3)(6) (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3 (subject to transitional provisions in art. 4(b)(c))

Security of tenureE+W

79 Secure tenancies.E+W

(1)A tenancy under which a dwelling-house is let as a separate dwelling is a secure tenancy at any time when the conditions described in sections 80 and 81 as the landlord condition and the tenant condition are satisfied.

(2)Subsection (1) has effect subject to—

(a)the exceptions in Schedule 1 (tenancies which are not secure tenancies),

(b)sections 89(3) and (4) and 90(3) and (4) (tenancies ceasing to be secure after death of tenant), and

(c)sections 91(2) and 93(2) (tenancies ceasing to be secure in consequence of assignment of subletting).

(3)The provisions of this Part apply in relation to a licence to occupy a dwelling-house (whether or not granted for a consideration) as they apply in relation to a tenancy.

(4)Subsection (3) does not apply to a licence granted as a temporary expedient to a person who entered the dwelling-house or any other land as a trespasser (whether or not, before the grant of that licence, another licence to occupy that or another dwelling-house had been granted to him).

80 The landlord condition.E+W

(1)The landlord condition is that the interest of the landlord belongs to one of the following authorities or bodies—

  • a local authority,

  • a [F1development] corporation,

  • [F2a housing action trust]

  • [F3 a Mayoral development corporation, ]

  • an urban development corporation, [F4in the case of a tenancy falling within subsections (2A) to (2E), the Homes and Communities Agency [F5, the Greater London Authority] or the Welsh Ministers (as the case may be), ]

  • F6. . .

  • F7. . .

  • F7. . .

  • F8. . . housing co-operative to which this section applies.

F9(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(2A)A tenancy falls within this subsection if the interest of the landlord is transferred to—

(a)the Homes and Communities Agency as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008,

[F11(aa)the Greater London Authority as mentioned in section 333ZI(2)(a) to (d) of the Greater London Authority Act 1999, or]

(b)the Welsh Ministers as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.

(2B)A tenancy falls within this subsection if it is entered into pursuant to a contract under which the rights and liabilities of the prospective landlord are transferred to the Homes and Communities Agency [F12, the Greater London Authority] or the Welsh Ministers as mentioned in subsection (2A)(a)[F13, (aa)] or (b) (as the case may be).

(2C)A tenancy falls within this subsection if it is granted by the Homes and Communities Agency [F14, the Greater London Authority] or the Welsh Ministers to a person (alone or jointly with others) who, immediately before it was entered into, was a secure tenant of the Homes and Communities Agency [F14, the Greater London Authority] or the Welsh Ministers (as the case may be).

(2D)A tenancy falls within this subsection if—

(a)it is granted by the Homes and Communities Agency [F15, the Greater London Authority]or the Welsh Ministers to a person (alone or jointly with others),

(b)before the grant of the tenancy, an order for possession of a dwelling-house let under a secure tenancy was made against the person (alone or jointly with others) and in favour of the Homes and Communities Agency [F15, the Greater London Authority] or the Welsh Ministers (as the case may be) on the court being satisfied as mentioned in section 84(2)(b) or (c), and

(c)the tenancy is of the premises which constitute the suitable accommodation as to which the court was so satisfied.

(2E)A tenancy falls within this subsection if it is granted by the Homes and Communities Agency [F16, the Greater London Authority] or the Welsh Ministers pursuant to an obligation under section 554(2A).]

(3)If a co-operative housing association ceases to be [F17a private registered provider of social housing or] [F18a registered social landlord], it shall, within the period of 21 days beginning with the date on which it ceases to be [F19such a body], notify each of its tenants who thereby becomes a secure tenant, in writing, that he has become a secure tenant.

[F20(4)This section applies to a housing co-operative within the meaning of section 27B (agreements under certain superseded provisions) where the dwelling-house is comprised in a housing co-operative agreement within the meaning of that section.]

[F21(5)In this Act and in any provision made under this Act, or made by or under any other enactment, a reference to—

(a)a person within section 80 or 80(1) of this Act, or

(b)a person who satisfies the landlord condition under this section,

includes a reference to the Homes and Communities Agency [F22, to the Greater London Authority] or to the Welsh Ministers so far as acting in their capacity as landlord (or, in the case of disposals, former landlord) in respect of a tenancy which falls within subsections (2A) to (2E) above but, subject to this, does not include the Homes and Communities Agency [F23, the Greater London Authority ] or the Welsh Ministers.

(6)Subsection (5)—

(a)applies whether the person is described as an authority, body or landlord or in any other way and whether the reference is otherwise expressed in a different way, and

(b)is subject to any provision to the contrary.]

Textual Amendments

F2Words in s. 80(1) inserted by Housing Act 1988 (c. 50, SIF 61), s. 83(2)

F3Words in s. 80(1) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 11

F5Words in s. 80(1) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 13(2); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F6Words in s. 80(1) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F8Words in s. 80(1) repealed by Housing Act 1988 (c.50, SIF 61), s. 140(2), Sch. 18, note 4

F9S. 80(2) repealed by Housing Act 1988 (c. 50, SIF 61), s. 140(2), Sch. 18, note 4 and s. 80(2) as so saved amended (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(8)(a)

F11S. 80(2A)(aa) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 13(3); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F12Words in s. 80(2B) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 13(4)(a); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F13Words in s. 80(2B) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 13(4)(b); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F14Words in s. 80(2C) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 13(5); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F15Words in s. 80(2D) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 13(6); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F16Words in s. 80(2E) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 13(7); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F18Words in s. 80(3) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(8)(b)

F22Words in s. 80(5) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 13(8)(a); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F23Words in s. 80(5) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 13(8)(b); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

Modifications etc. (not altering text)

C4S. 80 modified (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 132, 270, Sch. 7 para. 12(6)(a)(9); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

C5S. 80 modified (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 132, 270, Sch. 7 para. 4(6)(a); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

81 The tenant condition.E+W

The tenant condition is that the tenant is an individual and occupies the dwelling-house as his only or principal home; or, where the tenancy is a joint tenancy, that each of the joint tenants is an individual and at least one of them occupies the dwelling-house as his only or principal home.

[F2481ZAGrant of secure tenancies in cases of domestic abuseE+W

(1)This section applies where a local housing authority grants a secure tenancy of a dwelling-house in England before the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 (grant of new secure tenancies in England) comes fully into force.

(2)The local housing authority must grant a secure tenancy that is not a flexible tenancy if—

(a)the tenancy is offered to a person who is or was a tenant of some other dwelling-house under a qualifying tenancy (whether as the sole tenant or as a joint tenant), and

(b)the authority is satisfied that—

(i)the person or a member of the person's household is or has been a victim of domestic abuse carried out by another person, and

(ii)the new tenancy is granted for reasons connected with that abuse.

(3)The local housing authority must grant a secure tenancy that is not a flexible tenancy if—

(a)the tenancy is offered to a person who was a joint tenant of the dwelling-house under a qualifying tenancy, and

(b)the authority is satisfied that—

(i)the person or a member of the person's household is or has been a victim of domestic abuse carried out by another person, and

(ii)the new tenancy is granted for reasons connected with that abuse.

(4)In this section—

  • “abuse” means—

    (a)

    physical or sexual abuse;

    (b)

    violent or threatening behaviour;

    (c)

    controlling or coercive behaviour;

    (d)

    economic abuse (within the meaning of section 1(4) of the Domestic Abuse Act 2021);

    (e)

    psychological, emotional or other abuse;

  • “domestic abuse” means abuse carried out by a person who is personally connected to the victim of the abuse (within the meaning of section 2 of the Domestic Abuse Act 2021);

  • “qualifying tenancy” means a tenancy of a dwelling-house in England which is—

    (a)

    a secure tenancy other than a flexible tenancy, or

    (b)

    an assured tenancy—

    (i)

    which is not an assured shorthold tenancy, and

    (ii)

    which is granted by a private registered provider of social housing, by the Regulator of Social Housing or by a housing trust which is a charity.

(5)For the purposes of this section, a person may be a victim of domestic abuse despite the fact that the abuse is directed at another person (for example, the person's child).]

Textual Amendments

82 Security of tenure.E+W

(1)A secure tenancy which is either—

(a)a weekly or other periodic tenancy, or

(b)a tenancy for a term certain but subject to termination by the landlord,

cannot be brought to an end by the landlord except [F25as][F26mentioned in subsection (1A)] .

[F27(1A)The tenancy may be brought to an end by the landlord—

(a)obtaining—

(i)an order of the court for the possession of the dwelling-house, and

(ii)the execution of the order,

(b)obtaining an order under subsection (3), or

(c)obtaining a demotion order under section 82A.

(2)In the case mentioned in subsection (1A)(a), the tenancy ends when the order is executed.]

(3)Where a secure tenancy is a tenancy for a term certain but with a provision for re-entry or forfeiture, the court shall not order possession of the dwelling-house in pursuance of that provision, but in a case where the court would have made such an order it shall instead make an order terminating the tenancy on a date specified in the order and section 86 (periodic tenancy arising on termination of fixed term) shall apply.

(4)Section 146 of the M1Law of Property Act 1925 (restriction on and relief against forfeiture), except subsection (4) (vesting in under-lessee), and any other enactment or rule of law relating to forfeiture, shall apply in relation to proceedings for an order under subsection (3) of this section as if they were proceedings to enforce a right of re-entry or forfeiture.

Textual Amendments

F26Words in s. 82(1) substituted (30.6.2004 for E. and 30.9.2004 for specified purposes for W. and otherwise 30.4.2005 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 14(1), 93; S.I. 2004/1502, art. 2(a)(iii) (subject to Sch.); S.I. 2004/2557, art. 2(a)(ii) (subject to Sch.); S.I. 2005/1225, art. 2(b)

Marginal Citations

[F2882ADemotion because of anti-social behaviourE+W

(1)This section applies to a secure tenancy if the landlord is—

(a)a local housing authority;

(b)a housing action trust;

[F29(ba)a private registered provider of social housing;]

(c)a registered social landlord.

(2)The landlord may apply to [F30the county court ] for a demotion order.

(3)A demotion order has the following effect—

(a)the secure tenancy is terminated with effect from the date specified in the order;

(b)if the tenant remains in occupation of the dwelling-house after that date a demoted tenancy is created with effect from that date;

(c)it is a term of the demoted tenancy that any arrears of rent payable at the termination of the secure tenancy become payable under the demoted tenancy;

(d)it is also a term of the demoted tenancy that any rent paid in advance or overpaid at the termination of the secure tenancy is credited to the tenant’s liability to pay rent under the demoted tenancy.

(4)The court must not make a demotion order unless it is satisfied—

(a)that the tenant or a person residing in or visiting the dwelling-house has engaged or has threatened to [F31 engage in—

[F32(i)conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and that directly or indirectly relates to or affects the landlord's housing management functions, or

(ii)conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose, and]]

(b)that it is reasonable to make the order.

(5)Each of the following has effect in respect of a demoted tenancy at the time it is created by virtue of an order under this section as it has effect in relation to the secure tenancy at the time it is terminated by virtue of the order—

(a)the parties to the tenancy;

(b)the period of the tenancy;

(c)the amount of the rent;

(d)the dates on which the rent is payable.

(6)Subsection (5)(b) does not apply if the secure tenancy was for a fixed term and in such a case the demoted tenancy is a weekly periodic tenancy.

(7)If the landlord of the demoted tenancy serves on the tenant a statement of any other express terms of the secure tenancy which are to apply to the demoted tenancy such terms are also terms of the demoted tenancy.

[F33(7A)In subsection (4)(a)(ii) “housing accommodation” includes—

(a)flats, lodging-houses and hostels;

(b)any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it;

(c)any common areas used in connection with the accommodation.]

(8)For the purposes of this section a demoted tenancy is—

(a)a tenancy to which section 143A of the Housing Act 1996 applies if the landlord of the secure tenancy is a local housing authority or a housing action trust;

(b)a tenancy to which section 20B of the Housing Act 1988 applies if the landlord of the secure tenancy is [F34a private registered provider of social housing or] a registered social landlord.]

Textual Amendments

F28S. 82A inserted (30.6.2004 for E. and 30.9.2004 for specified purposes for W. and otherwise 30.4.2005 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 14(2), 93(2); S.I. 2004/1502, s. 2(a)(iii) (subject to Sch.); S.I. 2004/2557, art. 2(a)(ii) (subject to Sch.); S.I. 2005/1225, art. 2(b)

F30Words in s. 82A(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F31S. 82A(4)(a): paras. (i)(ii) and preceding words substituted (6.4.2007 for E. and otherwise prosp.) for words by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 12(2); S.I. 2007/709, art. 4(c)(d) (subject to art. 8)

[F3683 Proceedings for possession or termination: [F35general] notice requirements.E+W

(1)The court shall not entertain [F37proceedings to which this section applies] unless—

(a)the landlord has served a notice on the tenant complying with the provisions of this section, or

(b)the court considers it just and equitable to dispense with the requirement of such a notice.

[F38(A1)This section applies in relation to proceedings for an order mentioned in section 82(1A) other than—

(a)proceedings for possession of a dwelling-house under section 84A (absolute ground for possession for anti-social behaviour), including proceedings where possession is also sought on one or more of the grounds set out in Schedule 2, or

(b)proceedings for possession of a dwelling-house under section 107D (recovery of possession on expiry of flexible tenancy).]

(2)A notice under this section shall—

(a)be in a form prescribed by regulations made by the Secretary of State,

(b)specify the ground on which the court will be asked to make [F39the order] and

(c)give particulars of that ground.

[F40(3)Where the tenancy is a periodic tenancy and the ground or one of the grounds specified in the notice is Ground 2 in Schedule 2 (nuisance or other anti-social behaviour), the notice—

(a)shall also—

(i)state that proceedings for the possession of the dwelling-house may be begun immediately, and

(ii)specify the date sought by the landlord as the date on which the tenant is to give up possession of the dwelling-house, and

(b)ceases to be in force twelve months after the date so specified.]

(4)[F41Where the tenancy is a periodic tenancy and Ground 2 in Schedule 2 is not specified in the notice,][F41If the proceedings are for an order for the possession of a dwelling-house (and Ground 2 in Schedule 2 is not specified in the notice),] the notice—

(a)shall also specify the date after which proceedings for the possession of the dwelling-house may be begun, and

(b)ceases to be in force twelve months after the date so specified.

[F42(4A)If the proceedings are for a demotion order under section 82A the notice—

(a)must specify the date after which the proceedings may be begun;

(b)ceases to be in force twelve months after the date so specified.]

[F43(4B)The date specified in accordance with subsection (4)—

(a)must not be earlier than—

(i)in relation to a dwelling-house in England, the relevant notice period after the date of service of the notice, and

(ii)in relation to a dwelling-house in Wales—

(aa)four weeks after the date of service of the notice where Ground 2A in Schedule 2 is specified without any other ground, and

(ab)where sub-paragraph (aa) does not apply, six months after the date of service of the notice, and

(b)in a case where the tenancy is a periodic tenancy, must also not be earlier than the date on which the tenancy could, apart from this Part, be brought to an end by notice to quit given by the landlord on the same date as the notice under this section.

(4C)In subsection (4B) “relevant notice period” means—

(a)where any one or more of the following grounds is specified in the notice—

(i)Ground 1 in Schedule 2 and at the time the notice is served at least four months' rent is unpaid, or

(ii)Grounds 2ZA, 2A or 5 in Schedule 2,

and no other ground is specified, four weeks,

(b)where paragraph (a) does not apply and Ground 1 in Schedule 2 is specified in the notice (and no other ground is specified) and at the time the notice is served less than four months’ rent is unpaid, if the notice is served on or after 1 August 2021, two months, and

(c)where paragraphs (a) and (b) do not apply, four months.]

(5)The date specified in accordance with [F44subsection (3) [F45(4) or (4A)]] [F44subsection (4A)] must not be earlier than the date on which the tenancy could, apart from this Part, be brought to an end by notice to quit given by the landlord on the same date as the notice under this section.

(6)Where a notice under this section is served with respect to a secure tenancy for a term certain, it has effect also with respect to any periodic tenancy arising on the termination of that tenancy by virtue of section 86; and [F46subsections (3) to (5)] [F46subsections (4B)(b) and (5)] of this section do not apply to the notice.

(7)Regulations under this section shall be made by statutory instrument and may make different provision with respect to different cases or descriptions of case, including different provision for different areas.]

Textual Amendments

F36Ss. 83, 83A substituted for s. 83 (1.10.1996 for specified purposes and 4.2.1997 otherwise) by 1996 c. 52, s. 147(1); S.I. 1996/2402, art. 4; S.I. 1997/66, art. 2 (subject to savings in Sch.)

F39Words in s. 83(2)(b) substituted (30.6.2004 for E. and 30.9.2004 for specified purposes for W. and otherwise 30.4.2005 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 14(1), 93; S.I. 2004/1502, art. 2(a)(iii) (subject to Sch.); S.I. 2004/2557, art. 2(a)(ii) (subject to Sch.); S.I. 2005/1225, art. 2(b)

F40S. 83(3) omitted (temp.) (26.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 29 paras. 1, 3(a) (with ss. 88-90) (as amended and part suspended (E.) (28.8.2020) by S.I. 2020/914, regs. 1(2), 2(a), 3(2) (with reg. 4); and amended and part suspended (W.) (29.9.2020) by S.I. 2020/1044, regs. 1(2), 3, 7 (with reg. 17); and amended (31.3.2021) by S.I. 2021/284, regs. 1(2), 2 and S.I. 2021/377, regs. 1(2), 2; (E.) (1.6.2021) by S.I. 2021/564, regs. 1(2), 2(2); (W.) (30.6.2021) by S.I. 2021/708, regs. 1(2), 2; and (W.) (30.9.2021) by S.I. 2021/1064, regs. 1(2), 2) (and which amending provision is suspended (E.) (1.10.2021) by The Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021 (S.I. 2021/994), regs. 1(3), 3)

F41Words in s. 83(4) substituted (temp.) (26.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 29 paras. 1, 3(b) (with ss. 88-90) (as amended and part suspended (E.) (28.8.2020) by S.I. 2020/914, regs. 1(2), 2(a), 3(2)(4)(a) (with reg. 4); and amended and part suspended (W.) (29.9.2020) by (S.I. 2020/1044, regs. 1(2), 3, 6(2), 7 (with reg. 17); and amended (31.3.2021) by S.I. 2021/284, regs. 1(2), 2 and S.I. 2021/377, regs. 1(2), 2; (E.) (1.6.2021) by S.I. 2021/564, regs. 1(2), 2(2); (W.) (30.6.2021) by S.I. 2021/708, regs. 1(2), 2; and (W.) (30.9.2021) by S.I. 2021/1064, regs. 1(2), 2) (and which amending provision is suspended (E.) (1.10.2021) by The Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021 (S.I. 2021/994), regs. 1(3), 3)

F42S. 83(4A) substituted (30.6.2004 for E. and 30.9.2004 for specified purposes for W. and otherwise 30.4.2005 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 14(1), 93; S.I. 2004/1502, art. 2(a)(iii) (subject to Sch.); S.I. 2004/2557, art. 2(a)(ii) (subject to Sch.); S.I.2005/1225, art. 2(b)

F43S. 83(4B) inserted (temp.) (26.3.2020) and s. 83(4C) inserted (temp.) (28.8.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 29 paras. 1, 3(c) (with ss. 88-90) (as amended and part suspended (E.) (28.8.2020) by S.I. 2020/914, regs. 1(2), 2(a), 3(2)(4)(b) (with reg. 4); and amended and part suspended (W.) (29.9.2020) by S.I. 2020/1044, regs. 1(2), 3, 6(3)(a), 7 (with reg. 17); and amended: (31.3.2021) by S.I. 2021/284, regs. 1(2), 2 and S.I. 2021/377, regs. 1(2), 2; (E.) (1.6.2021) by S.I. 2021/564, regs. 1(2)(3), 2(2)(5) (with reg. 3); (W.) (30.6.2021) by S.I. 2021/708, regs. 1(2), 2; and (W.) (30.9.2021) by S.I. 2021/1064, regs. 1(2), 2) (and which amending provision is suspended (E.) (1.10.2021) by The Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021 (S.I. 2021/994), regs. 1(3), 3)

F44Words in s. 83(5) substituted (temp.) (26.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 29 paras. 1, 3(d) (with ss. 88-90) (as amended and part suspended (E.) (28.8.2020) by S.I. 2020/914, regs. 1(2), 2(a), 3(2) (with reg. 4); and amended and part suspended (W.) (29.9.2020) by S.I. 2020/1044, regs. 1(2), 3, 7 (with reg. 17); and amended (31.3.2021) by S.I. 2021/284, regs. 1(2), 2 and S.I. 2021/377, regs. 1(2), 2; (E.) (1.6.2021) by S.I. 2021/564, regs. 1(2), 2(2); (W.) (30.6.2021) by S.I. 2021/708, regs. 1(2), 2; and (W.) (30.9.2021) by S.I. 2021/1064, regs. 1(2), 2) (and which amending provision is suspended (E.) (1.10.2021) by The Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021 (S.I. 2021/994), regs. 1(3), 3)

F45Words in s. 83(5) substituted (30.6.2004 for E. and 30.9.2004 for specified purposes for W. and otherwise 30.4.2005 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 14(1), 93; S.I. 2004/1502, art. 2(a)(iii) (subject to Sch.); S.I. 2004/2557, art. 2(a)(ii) (subject to Sch.); S.I. 2005/1225, art. 2(b)

F46Words in s. 83(6) substituted (temp.) (26.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 29 paras. 1, 3(e) (with ss. 88-90) (as amended and part suspended (E.) (28.8.2020) by S.I. 2020/914, regs. 1(2), 2(a), 3(2) (with reg. 4); and amended and part suspended (W.) (29.9.2020) by S.I. 2020/1044, regs. 1(2), 3, 7 (with reg. 17); and amended (31.3.2021) by S.I. 2021/284, regs. 1(2), 2 and S.I. 2021/377, regs. 1(2), 2; (E.) (1.6.2021) by S.I. 2021/564, regs. 1(2), 2(2); (W.) (30.6.2021) by S.I. 2021/708, regs. 1(2), 2; and (W.) (30.9.2021) by S.I. 2021/1064, regs. 1(2), 2) (and which amending provision is suspended (E.) (1.10.2021) by The Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021 (S.I. 2021/994), regs. 1(3), 3)

[F4783ZANotice requirements in relation to proceedings for possession on absolute ground for anti-social behaviourE+W

(1)This section applies in relation to proceedings for possession of a dwelling-house under section 84A (absolute ground for possession for anti-social behaviour), including proceedings where possession is also sought on one or more of the grounds set out in Schedule 2.

(2)The court must not entertain the proceedings unless the landlord has served on the tenant a notice under this section.

(3)The notice must—

(a)state that the court will be asked to make an order under section 84A for the possession of the dwelling-house,

(b)set out the reasons for the landlord's decision to apply for the order (including the condition or conditions in section 84A on which the landlord proposes to rely), and

(c)inform the tenant of any right that the tenant may have under section 85ZA to request a review of the landlord's decision and of the time within which the request must be made.

(4)In a case where possession is also sought on one or more of the grounds set out in Schedule 2, the notice must also—

(a)specify the ground on which the court will be asked to make the order, and

(b)give particulars of that ground.

(5)A notice which states that the landlord proposes to rely upon condition 1, 3 or 5 in section 84A—

(a)must also state the conviction on which the landlord proposes to rely, and

(b)must be served on the tenant within—

(i)the period of 12 months beginning with the day of the conviction, or

(ii)if there is an appeal against the conviction, the period of 12 months beginning with the day on which the appeal is finally determined or abandoned.

(6)A notice which states that the landlord proposes to rely upon condition 2 in section 84A—

(a)must also state the finding on which the landlord proposes to rely, and

(b)must be served on the tenant within—

(i)the period of 12 months beginning with the day on which the court has made the finding, or

(ii)if there is an appeal against the finding, the period of 12 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn.

(7)A notice which states that the landlord proposes to rely upon condition 4 in section 84A—

(a)must also state the closure order concerned, and

(b)must be served on the tenant within—

(i)the period of 3 months beginning with the day on which the closure order was made, or

(ii)if there is an appeal against the making of the order, the period of 3 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn.

(8)A notice under this section must also inform the tenant that, if the tenant needs help or advice about the notice and what to do about it, the tenant should take it immediately to a Citizens' Advice Bureau, a housing aid centre, a law centre or a solicitor.

(9)The notice—

(a)must also specify the date after which proceedings for the possession of the dwelling-house may be begun, and

(b)ceases to be in force 12 months after the date so specified.

[F48(10)The date specified in accordance with subsection (9)(a) must not be earlier than—

(a)in the case of a periodic tenancy, the date on which the tenancy could, apart from this Part, be brought to an end by notice to quit given by the landlord on the same day as the notice under this section;

(b)in the case of a secure tenancy for a term certain, one month after the date of the service of the notice.]

[F48(10)The date specified in accordance with subsection (9)(a)—

(a)must not be earlier than three months after the date of the service of the notice, and

(b)in a case where the tenancy is a periodic tenancy, must also not be earlier than the date on which the tenancy could, apart from this Part, be brought to an end by notice to quit given by the landlord on the same day as the notice under this section.]

(11)Where a notice under this section is served with respect to a secure tenancy for a term certain, it has effect also with respect to any periodic tenancy arising on the termination of that tenancy by virtue of section 86; and [F49subsection (10)(a)] [F49subsection (10)(b)] does not apply to the notice.]

Textual Amendments

F49Words in s. 83ZA(11) substituted (temp.) (26.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 29 paras. 1, 4(b) (with ss. 88-90) (which affecting provision is suspended (E.) (28.8.2020) by The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020 (S.I. 2020/914), regs. 1(2), 2(b) (with reg. 4) and (W.) (29.9.2020) by The Coronavirus Act 2020 (Residential Tenancies Protection from Eviction) (Wales) Regulations 2020 (S.I. 2020/1044), regs. 1(2), 8 (with reg. 17)) (and which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89)

[F5083A Additional requirements in relation to certain proceedings for possession.E+W

(1)Where a notice under section 83 has been served on a tenant containing the information mentioned in subsection (3)(a) of that section, the court shall not entertain proceedings for the possession of the dwelling-house unless they are begun at a time when the notice is still in force.

(2)Where—

(a)a notice under section 83 [F51or 83ZA] has been served on a tenant, and

(b)a date after which proceedings may be begun has been specified in the notice in accordance with [F52section 83(4)(a) or section 83ZA(9)(a)],

the court shall not entertain proceedings for the possession of the dwelling-house unless they are begun after the date so specified and at a time when the notice is still in force.

(3)Where—

(a)the ground or one of the grounds specified in a notice under section 83 [F53or 83ZA] is Ground 2A in Schedule 2 (domestic violence), and

(b)the partner who has left the dwelling-house as mentioned in that ground is not a tenant of the dwelling-house,

the court shall not entertain proceedings for the possession of the dwelling-house unless it is satisfied that the landlord has served a copy of the notice on the partner who has left or has taken all reasonable steps to serve a copy of the notice on that partner.

This subsection has effect subject to subsection (5).

(4)Where—

(a)Ground 2A in Schedule 2 is added to a notice under section 83 [F54or 83ZA ] with the leave of the court after proceedings for possession are begun, and

(b)the partner who has left the dwelling-house as mentioned in that ground is not a party to the proceedings,

the court shall not continue to entertain the proceedings unless it is satisfied that the landlord has served a notice under subsection (6) on the partner who has left or has taken all reasonable steps to serve such a notice on that partner.

This subsection has effect subject to subsection (5).

(5)Where subsection (3) or (4) applies and Ground 2 in Schedule 2 (nuisance or other anti-social behaviour) is also specified in [F55a notice] under section 83 [F56or a notice is served under section 83ZA], the court may dispense with the requirements as to service in relation to the partner who has left the dwelling-house if it considers it just and equitable to do so.

(6)A notice under this subsection shall—

(a)state that proceedings for the possession of the dwelling-house have begun,

(b)specify the ground or grounds on which possession is being sought, and

(c)give particulars of the ground or grounds.]

Textual Amendments

F50Ss. 83, 83A substituted for s. 83 (1.10.1996 for specified purposes and 4.2.1997 otherwise) by 1996 c. 52, s. 147(1); S.I. 1996/2402, art. 4; S.I. 1997/66, art. 2 (subject to savings in Sch.)

84 Grounds and orders for possession.E+W

(1)The court shall not make an order for the possession of a dwelling-house let under a secure tenancy except on one or more of the grounds set out in Schedule 2 [F57or in accordance with [F58section 84A (absolute ground for possession for anti-social behaviour) or] section 107D (recovery of possession on expiry of flexible tenancy)].

(2)The court shall not make an order for possession—

(a)on the grounds set out in Part I of [F59Schedule 2] (grounds 1 to 8), unless it considers it reasonable to make the order,

(b)on the grounds set out in Part II of that Schedule (grounds 9 to 11), unless it is satisfied that suitable accommodation will be available for the tenant when the order takes effect,

(c)on the grounds set out in Part III of that Schedule (grounds 12 to 16), unless it both considers it reasonable to make the order and is satisfied that suitable accommodation will be available for the tenant when the order takes effect;

and Part IV of that Schedule has effect for determining whether suitable accommodation will be available for a tenant.

[F60(3)Where a notice under section 83 [F61or 83ZA ] has been served on the tenant, the court shall not make [F62an order on any of the grounds mentioned in subsection (2)] unless the ground is specified in the notice; but the grounds so specified may be altered or added to with the leave of the court.

(4)Where a date is specified in a notice under section 83 in accordance with subsection (3) of that section, the court shall not make an order which requires the tenant to give up possession of the dwelling-house in question before the date so specified.]

Textual Amendments

F57Words in s. 84(1) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 155(2), 240(2); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)

F60S. 84(3)(4) substituted for s. 84(3) (1.10.1996 for specified purposes and 4.2.1997 otherwise) by 1996 c. 52, s. 147(2); S.I. 1996/2402, art. 4; S.I. 1997/66, art. 2 (with savings in Sch.)

[F6384AAbsolute ground for possession for anti-social behaviourE+W

(1)If the court is satisfied that any of the following conditions is met, it must make an order for the possession of a dwelling-house let under a secure tenancy.

This is subject to subsection (2) (and to any available defence based on the tenant's Convention rights, within the meaning of the Human Rights Act 1998).

(2)Subsection (1) applies only where the landlord has complied with any obligations it has under section 85ZA (review of decision to seek possession).

(3)Condition 1 is that—

(a)the tenant, or a person residing in or visiting the dwelling-house, has been convicted of a serious offence, and

(b)the serious offence—

(i)was committed (wholly or partly) in, or in the locality of, the dwelling-house,

(ii)was committed elsewhere against a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or

(iii)was committed elsewhere against the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and directly or indirectly related to or affected those functions.

(4)Condition 2 is that a court has found in relevant proceedings that the tenant, or a person residing in or visiting the dwelling-house, has breached a provision of an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014, other than a provision requiring a person to participate in a particular activity, and—

(a)the breach occurred in, or in the locality of, the dwelling-house, or

(b)the breach occurred elsewhere and the provision breached was a provision intended to prevent—

(i)conduct that is capable of causing nuisance or annoyance to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or

(ii)conduct that is capable of causing nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions.

(5)Condition 3 is that the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under section 30 of the Anti-social Behaviour, Crime and Policing Act 2014 [F64or section 339 of the Sentencing Code] consisting of a breach of a provision of a criminal behaviour order prohibiting a person from doing anything described in the order, and the offence involved—

(a)a breach that occurred in, or in the locality of, the dwelling-house, or

(b)a breach that occurred elsewhere of a provision intended to prevent—

(i)behaviour that causes or is likely to cause harassment, alarm or distress to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or

(ii)behaviour that causes or is likely to cause harassment, alarm or distress to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions.

(6)Condition 4 is that—

(a)the dwelling-house is or has been subject to a closure order under section 80 of the Anti-social Behaviour, Crime and Policing Act 2014, and

(b)access to the dwelling-house has been prohibited (under the closure order or under a closure notice issued under section 76 of that Act) for a continuous period of more than 48 hours.

(7)Condition 5 is that—

(a)the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under—

(i)section 80(4) of the Environmental Protection Act 1990 (breach of abatement notice in relation to statutory nuisance), or

(ii) section 82(8) of that Act (breach of court order to abate statutory nuisance etc. ), and

(b)the nuisance concerned was noise emitted from the dwelling-house which was a statutory nuisance for the purposes of Part 3 of that Act by virtue of section 79(1)(g) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance).

(8)Condition 1, 2, 3, 4 or 5 is not met if—

(a)there is an appeal against the conviction, finding or order concerned which has not been finally determined, abandoned or withdrawn, or

(b)the final determination of the appeal results in the conviction, finding or order being overturned.

(9)In this section—

  • “ relevant proceedings ” means proceedings for contempt of court or proceedings under Schedule 2 to the Anti-social Behaviour, Crime and Policing Act 2014;

  • “ serious offence ” means an offence which—

    (a)

    was committed on or after the day on which subsection (3) comes into force,

    (b)

    is specified, or falls within a description specified, in Schedule 2A at the time the offence was committed and at the time the court is considering the matter, and

    (c)

    is not an offence that is triable only summarily by virtue of section 22 of the Magistrates' Courts Act 1980 (either-way offences where value involved is small).

(10)The Secretary of State may by order amend Schedule 2A as it applies in relation to dwelling-houses in England by—

(a)adding an indictable offence;

(b)removing an offence.

(11)The Welsh Ministers may by order amend Schedule 2A as it applies in relation to dwelling-houses in Wales by—

(a)adding an indictable offence;

(b)removing an offence.

(12)An order under subsection (10) or (11)—

(a)is to be made by statutory instrument;

(b)may make different provision for different purposes;

(c)may include incidental, supplementary, consequential, transitional or saving provision.

(13)A statutory instrument containing an order under subsection (10) or (11) may not be made unless a draft of the instrument has been laid before and approved by a resolution of—

(a)each House of Parliament (in the case of an order of the Secretary of State), or

(b)the National Assembly for Wales (in the case of an order of the Welsh Ministers).]

Textual Amendments

F64Words in s. 84A(5) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 84 (with Sch. 27); S.I. 2020/1236, reg. 2

85 Extended discretion of court in certain proceedings for possession.E+W

(1)Where proceedings are brought for possession of a dwelling-house let under a secure tenancy on any of the grounds set out in Part I or Part III of Schedule 2 (grounds 1 to 8 and 12 to 16: cases in which the court must be satisfied that it is reasonable to make a possession order), the court may adjourn the proceedings for such period or periods as it thinks fit.

(2)On the making of an order for possession of such a dwelling-house on any of those grounds, or at any time before the execution of the order, the court may—

(a)stay or suspend the execution of the order, or

(b)postpone the date of possession,

for such period or periods as the court thinks fit.

(3)On such an adjournment, stay, suspension or postponement the court—

(a)shall impose conditions with respect to the payment by the tenant of arrears of rent (if any) and rent F65. . . unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, and

(b)may impose such other conditions as it thinks fit.

[F66(4)The court may discharge or rescind the order for possession if it thinks it appropriate to do so having had regard to—

(a)any conditions imposed under subsection (3), and

(b)the conduct of the tenant in connection with those conditions.]

(5)F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5A)F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F65Words in s. 85(3)(a) omitted (20.5.2009) and repealed (prosp.) by virtue of Housing and Regeneration Act 2008 (c. 17), ss. 299, 321(1), 325, Sch. 11 para. 3(2), Sch. 16 (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3

F67S. 85(5) omitted (20.5.2009) and repealed (prosp.) by virtue of Housing and Regeneration Act 2008 (c. 17), ss. 299, 321(1), 325, Sch. 11 para. 3(4), Sch. 16 (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3

F68S. 85(5A) omitted (20.5.2009) and repealed (prosp.) by virtue of Housing and Regeneration Act 2008 (c. 17), ss. 299, 321(1), 325, Sch. 11 para. 3(4), Sch. 16 (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3

[F6985ZA Review of decision to seek possession on absolute ground for anti-social behaviour E+W

(1)A tenant may request a review of a landlord's decision to seek an order for possession of a dwelling-house under section 84A if the interest of the landlord belongs to—

(a)a local housing authority, or

(b)a housing action trust.

(2)Such a request must be made in writing before the end of the period of 7 days beginning with the day on which the notice under section 83ZA is served.

(3)On a request being duly made to it, the landlord must review its decision.

(4)The landlord must notify the tenant in writing of the decision on the review.

(5)If the decision is to confirm the original decision, the landlord must also notify the tenant of the reasons for the decision.

(6)The review must be carried out, and the tenant notified, before the day specified in the notice under section 83ZA as the day after which proceedings for the possession of the dwelling-house may be begun.

(7)The Secretary of State may by regulations make provision about the procedure to be followed in connection with a review under this section that relates to an order for possession of a dwelling-house in England.

(8)The Welsh Ministers may by regulations make provision about the procedure to be followed in connection with a review under this section that relates to an order for possession of a dwelling-house in Wales.

(9)Regulations under subsections (7) and (8) may, in particular, make provision—

(a)requiring the decision on 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 person may be represented at such a hearing.

(10)Regulations under this section—

(a)may contain transitional or saving provision;

(b)are to be made by statutory instrument which—

(i)in the case of regulations made by the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament;

(ii)in the case of regulations made by the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

Textual Amendments

F69S. 85ZA inserted (17.9.2014 for specified purposes, 20.10.2014 for E. and 21.10.2014 for W. in so far as not already in force) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 96, 185(1)(2)(c)(3)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2454, art. 2; S.I. 2014/2590, art. 2(c); S.I. 2014/2830, art. 2(c)

[F7085AProceedings for possession [F71on non-absolute grounds] : anti-social behaviourE+W

(1)This section applies if the court is considering under section 84(2)(a) whether it is reasonable to make an order for possession on ground 2 set out in Part 1 of Schedule 2 (conduct of tenant or other person).

(2)The court must consider, in particular—

(a)the effect that the nuisance or annoyance has had on persons other than the person against whom the order is sought;

(b)any continuing effect the nuisance or annoyance is likely to have on such persons;

(c)the effect that the nuisance or annoyance would be likely to have on such persons if the conduct is repeated.]

Textual Amendments

F70S. 85A inserted (30.6.2004 for E. and 30.9.2004 for W.) by Anti-social Behaviour Act 2004 (c. 38), ss. 16(1), 93(2); S.I. 2004/1502, art. 2(a)(v) (subject to Sch.); S.I. 2004/2557, art. 2(a)(iii), Sch.

86 Periodic tenancy arising on termination of fixed term.E+W

(1)Where a secure tenancy (“the first tenancy”) is a tenancy for a term certain and comes to an end—

(a)by effluxion of time, or

(b)by an order of the court under section 82(3) (termination in pursuance of provision for re-entry or forfeiture),

a periodic tenancy of the same dwelling-house arises by virtue of this section, unless the tenant is granted another secure tenancy of the same dwelling-house (whether a tenancy for a term certain or a periodic tenancy) to begin on the coming to an end of the first tenancy.

(2)Where a periodic tenancy arises by virtue of this section—

(a)the periods of the tenancy are the same as those for which rent was last payable under the first tenancy, and

(b)the parties and the terms of the tenancy are the same as those of the first tenancy at the end of it;

except that the terms are confined to those which are compatible with a periodic tenancy and do not include any provision for re-entry or forfeiture.

Succession on death of tenantE+W

[F7286APersons qualified to succeed tenant: EnglandE+W

(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

(b)P is the tenant's spouse or civil partner.

(2)A person (“P”) is qualified to succeed the tenant under a secure tenancy of a dwelling-house in England if—

(a)at the time of the tenant's death the dwelling-house is not occupied by a spouse or civil partner of the tenant as his or her only or principal home,

(b)an express term of the tenancy makes provision for a person other than such a spouse or civil partner of the tenant to succeed to the tenancy, and

(c)P's succession is in accordance with that term.

(3)Subsection (1) or (2) does not apply if the tenant was a successor as defined in section 88.

(4)In such a case, a person (“P”) is qualified to succeed the tenant if—

(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.

[F73(5)For the purposes of this section, a person who was living with the tenant as if they were a married couple or civil partners is to be treated as the tenant’s spouse or civil partner.]

(6)Subsection (7) applies if, on the death of the tenant, there is by virtue of subsection (5) more than one person who fulfils the condition in subsection (1)(b).

(7)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 purpose of this section to be treated F74... as the tenant's spouse or civil partner.]

Textual Amendments

F72S. 86A inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 160(1), 240(2) (with s. 160(6)); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)

87 Persons qualified to succeed tenant[F75: Wales].E+W

A person is qualified to succeed the tenant under a secure tenancy [F76of a dwelling-house in Wales] if he occupies the dwelling-house as his only or principal home at the time of the tenant’s death and either—

(a)he is the tenant’s spouse [F77or civil partner] , or

(b)he is another member of the tenant’s family and has resided with the tenant throughout the period of twelve months ending with the tenant’s death;

unless, in either case, the tenant was himself a successor, as defined in section 88.

Textual Amendments

F75Word in s. 87 heading inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 160(2)(a), 240(2) (with s. 160(6)); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)

F76Words in s. 87 inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 160(2)(b), 240(2) (with s. 160(6)); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)

Modifications etc. (not altering text)

C8s. 87 modified (1.11.1993) by 1993 c. 28, s. 37, Sch. 10 para. 2(3); S.I. 1993/2134, arts. 2, 5(a).

88 Cases where the tenant is a successor.E+W

(1)The tenant is himself a successor if—

(a)the tenancy vested in him by virtue of section 89 (succession to a periodic tenancy), or

(b)he was a joint tenant and has become the sole tenant, or

(c)the tenancy arose by virtue of section 86 (periodic tenancy arising on ending of term certain) and the first tenancy there mentioned was granted to another person or jointly to him and another person, or

(d)he became the tenant on the tenancy being assigned to him (but subject to subsections [F78(2) to (3)] , or

(e)he became the tenant on the tenancy being vested in him on the death of the previous tenant [F79or.]

[F79(f)the tenancy was previously an introductory tenancy and he was a successor to the introductory tenancy.]

(2)A tenant to whom the tenancy was assigned in pursuance of an order under section 24 of the M2Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings) [F80or section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.)]is a successor only if the other party to the marriage was a successor.

[F81(2A) A tenant to whom the tenancy was assigned in pursuance of an order under Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. ) is a successor only if the other civil partner was a successor. ]

(3)A tenant to whom the tenancy was assigned by virtue of section 92 (assignments by way of exchange) is a successor only if he was a successor in relation to the tenancy which he himself assigned by virtue of that section.

(4)Where within six months of the coming to an end of a secure tenancy which is a periodic tenancy (“the former tenancy”) the tenant becomes a tenant under another secure tenancy which is a periodic tenancy, and—

(a)the tenant was a successor in relation to the former tenancy, and

(b)under the other tenancy either the dwelling-house or the landlord, or both, are the same as under the former tenancy,

the tenant is also a successor in relation to the other tenancy unless the agreement creating that tenancy otherwise provides.

Textual Amendments

F79S. 88(1)(f) and word “or” immediately preceding it inserted (4.2.1997) by 1996 c. 52, s. 141(1), Sch. 14 para. 1; S.I. 1997/66, art. 2 (with savings in Sch.)

F80Words in s. 88(2) inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. III para. 9; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

Modifications etc. (not altering text)

C9s. 88 modified (1.11.1993) by 1993 c. 28, s. 37, Sch. 10 para.2(3); S.I. 1993/2134, arts. 2, 5(a).

Marginal Citations

89 Succession to periodic tenancy.E+W

(1)This section applies where a secure tenant dies and the tenancy is a periodic tenancy.

[F82(1A)Where there is a person qualified to succeed the tenant under section 86A, the tenancy vests by virtue of this section—

(a)in that person, or

(b)if there is more than one such person, in such one of them as may be agreed between them or as may, where there is no agreement, be selected by the landlord.]

(2)Where there is a person qualified to succeed the tenant [F83under section 87], the tenancy vests by virtue of this section in that person, or if there is more than one such person in the one to be preferred in accordance with the following rules—

(a)the tenant’s spouse [F84or civil partner] is to be preferred to another member of the tenant’s family;

(b)of two or more other members of the tenant’s family such of them is to be preferred as may be agreed between them or as may, where there is no such agreement, be selected by the landlord.

F85 [( 3 )Where there is no person qualified to succeed the tenant, the tenancy ceases to be a secure tenancy—

(a)when it is vested or otherwise disposed of in the course of the administration of the tenant’s estate, unless the vesting or other disposal is in pursuance of an order made under—

(i)section 24 of the Matrimonial Causes Act 1973 (property adjustment orders made in connection with matrimonial proceedings),

(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), F86 . . .

(iii)paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents) [F87, or

(iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. ) ]

(b)when it is known that when the tenancy is so vested or disposed of it will not be in pursuance of such an order.]

(4)A tenancy which ceases to be a secure tenancy by virtue of this section cannot subsequently become a secure tenancy.

Textual Amendments

F82S. 89(1A) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 160(3)(4)240(2) (with s. 160(6)); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)

F83Words in s. 89(2) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 160(5), 240(2) (with s. 160(6)); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)

F84Words in s. 89(2)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263(2), Sch. 8 para. 22(2), S.I. 2005/3175, {art. 2(1)}, Sch. 1

F85S. 89(3) substituted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. III para. 10; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F86Word at the end of s. 89(3)(a)(ii) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(4), 263(2), Sch. 30; S.I. 2005/3175, art. 2(6)

F87S. 89(3)(iv) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 para. 22(3); S.I. 2005/3175, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C10S. 89 modified (1.11.1993) by 1993 c. 28, s. 37, Sch. 10 para. 2(3); S.I. 1993/2134, arts. 2, 5(a).

90 Devolution of term certain.E+W

(1)This section applies where a secure tenant dies and the tenancy is a tenancy for a term certain.

(2)The tenancy remains a secure tenancy until—

(a)it is vested or otherwise disposed of in the course of the administration of the tenant’s estate, as mentioned in subsection (3), or

(b)it is known that when it is so vested or disposed of it will not be a secure tenancy.

(3)The tenancy ceases to be a secure tenancy on being vested or otherwise disposed of in the course of administration of the tenant’s estate, unless—

F88 [( a )the vesting or other disposal is in pursuance of an order made under—

(i)section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),

(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), F89 . . .

(iii)paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents), or

[F90(iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. ), or ]]

(b)the vesting or other disposal is to a person qualifed to succeed the tenant.

(4)A tenancy which ceases to be a secure tenancy by virtue of this section cannot subsequently become a secure tenancy.

[F91(5)The following provisions apply where a tenancy that was a secure tenancy of a dwelling-house in England—

(a)has been vested or otherwise disposed of in the course of the administration of the secure tenant's estate, and

(b)has ceased to be a secure tenancy by virtue of this section.

(6)Subject as follows, the landlord may apply to the court for an order for possession of the dwelling-house let under the tenancy.

(7)The court may not entertain proceedings for an order for possession under this section unless—

(a)the landlord has served notice in writing on the tenant—

(i)stating that the landlord requires possession of the dwelling-house, and

(ii)specifying a date after which proceedings for an order for possession may be begun, and

(b)that date has passed without the tenant giving up possession of the dwelling-house.

(8)The date mentioned in subsection (7)(a)(ii) must fall after the end of the period of four weeks beginning with the date on which the notice is served on the tenant.

(9)On an application to the court for an order for possession under this section, the court must make such an order if it is satisfied that subsection (5) applies to the tenancy.

(10)The tenancy ends when the order is executed.]

Textual Amendments

F88S. 90(3)(a) substituted for s. 90(3)(a) and the word “or”at the end of the paragraph (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. III para. 11; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F89Words at the end of s. 90(3)(a)(ii) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(4), 263(10)(c), Sch. 30; S.I. 2005/3175, art. 2(6)

F91S. 90(5)-(10) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 162(1), 240(2); S.I. 2012/628, art. 6(b) (with arts. 9, 11, 14, 15, 17)

Modifications etc. (not altering text)

C11S. 90 modified (1.11.1993) by 1993 c. 28, s. 37, Sch. 10 para. 2(3); S.I. 1993/2134, arts. 2, 5(a).

Assignment, lodgers and sublettingE+W

91 Assignment in general prohibited.E+W

(1)A secure tenancy which is—

(a)a periodic tenancy, or

(b)a tenancy for a term certain granted on or after 5th November 1982,

is not capable of being assigned except in the cases mentioned in subsection (3).

(2)If a secure tenancy for a term certain granted before 5th November 1982 is assigned, then, except in the cases mentioned in subsection (3), it ceases to be a secure tenancy and cannot subsequently become a secure tenancy.

(3)The exceptions are—

(a)an assignment in accordance with section 92 (assignment by way of exchange);

F92 [( b )an assignment in pursuance of an order made under—

(i)section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),

(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), F93 . . .

(iii)paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents) [F94, or

(iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. ) ]]

(c)an assignmment to a person who would be qualified to succeed the tenant if the tenant died immediately before the assignment.

Textual Amendments

F92S. 91(3)(b) substituted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. III para. 12; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F93Word at the end of s. 91(3)(b)(ii) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(4), 263(10), Sch. 30; S.I. 2005/3175, art. 2(6)

F94S. 91(3)(b)(iv) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 {para. 24}; S.I. 2005/3175, art. 2(1), Sch. 1

92 Assignments by way of exchange.E+W

(1)It is a term of every secure tenancy that the tenant may, with the written consent of the landlord, assign the tenancy to another secure tenant who satisfies the condition in subsection (2) [F95or to an assured tenant who satisfies the conditions in subsection (2A)].

(2)The condition is that the other secure tenant has the written consent of his landlord to an assignment of his tenancy either to the first-mentioned tenant or to another secure tenant who satisfies the condition in this subsection.

[F96(2A)The conditions to be satisfied with respect to an assured tenant are—

( a )that the landlord under his assured tenancy is [F97the Regulator of Social Housing, a private registered provider of social housing,] F98. . . a [F99a registered social landlord] or a housing trust which is a charity; and

(b)that he intends to assign his assured tenancy to the secure tenant referred to in subsection (1) or to another secure tenant who satisfies the condition in subsection (2).]

(3)The consent required by virtue of this section shall not be withheld except on one or more of the grounds set out in Schedule 3, and if withheld otherwise than on one of those grounds shall be treated as given.

(4)The landlord may not rely on any of the grounds set out in Schedule 3 unless he has, within 42 days of the tenant’s application for the consent, served on the tenant a notice specifying the ground and giving particulars of it.

(5)Where rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed, the consent required by virtue of this section may be given subject to a condition requiring the tenant to pay the outstanding rent, remedy the breach or perform the obligation.

(6)Except as provided by subsection (5), a consent required by virtue of this section cannot be given subject to a condition, and a condition imposed otherwise than as so provided shall be disregarded.

Textual Amendments

F98Words in s. 92(2A)(a) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 10, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F99Words in s. 92(2A)(a) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(9)

Modifications etc. (not altering text)

93 Lodgers and subletting.E+W

(1)It is a term of every secure tenancy that the tenant—

(a)may allow any persons to reside as lodgers in the dwelling-house, but

(b)will not, without the written consent of the landlord, sublet or part with possession of part of the dwelling-house.

(2)If the tenant under a secure tenancy parts with the possession of the dwelling-house or sublets the whole of it (or sublets first part of it and then the remainder), the tenancy ceases to be a secure tenancy and cannot subsequently become a secure tenancy.

94 Consent to subletting.E+W

(1)This section applies to the consent required by virtue of section 93(1)(b) (landlord’s consent to subletting of part of dwelling-house).

(2)Consent shall not be unreasonably withheld (and if unreasonably withheld shall be treated as given), and if a question arises whether the withholding of consent was unreasonable it is for the landlord to show that it was not.

(3)In determining that question the following matters, if shown by the landlord, are among those to be taken into account—

(a)that the consent would lead to overcrowding of the dwelling-house within the meaning of Part X (overcrowding);

(b)that the landlord proposes to carry out works on the dwelling-house, or on the building of which it forms part, and that the proposed works will affect the accommodation likely to be used by the sub-tenant who would reside in the dwelling-house as a result of the consent.

(4)Consent may be validly given notwithstanding that it follows, instead of preceding, the action requiring it.

(5)Consent cannot be given subject to a condition (and it purporting to be given subject to a condition shall be treated as given unconditionally).

(6)Where the tenant has applied in writing for consent, then—

(a)if the landlord refuses to give consent, it shall give the tenant a written statement of the reasons why consent was refused, and

(b)if the landlord neither gives nor refuses to give consent within a reasonable time, consent shall be taken to have been withheld.

95 Assignment or subletting where tenant condition not satisfied.E+W

(1)This section applies to a tenancy which is not a secure tenancy but would be if the tenant condition referred to in section 81 (occupation by the tenant) were satisfied.

(2)Sections 91 and 93(2) (restrictions on assignment or sub-letting of whole dwelling-house) apply to such a tenancy as they apply to a secure tenancy, except that—

(a)section 91(3)(b) and (c) (assignments excepted from restrictions) do not apply to such a tenancy for a term certain granted before 5th November 1982, and

(b)references to the tenancy ceasing to be secure shall be disregarded, without prejudice to the application of the remainder of the provisions in which those references occur.

Repairs and improvementsE+W

[F100 96 Right to have repairs carried out.E+W

(1)The Secretary of State may make regulations for entitling secure tenants whose landlords are local housing authorities, subject to and in accordance with the regulations, to have qualifying repairs carried out, at their landlords’ expense, to the dwelling-houses of which they are such tenants.

(2)The regulations may make all or any of the following provisions, namely—

(a)provision that, where a secure tenant makes an application to his landlord for a qualifying repair to be carried out, the landlord shall issue a repair notice—

(i)specifying the nature of the repair, the listed contractor by whom the repair is to be carried out and the last day of any prescribed period; and

(ii)containing such other particulars as may be prescribed;

(b)provision that, if the contractor specified in a repair notice fails to carry out the repair within a prescribed period, the landlord shall issue a further repair notice specifying such other listed contractor as the tenant may require; and

(c)provision that, if the contractor specified in a repair notice fails to carry out the repair within a prescribed period, the landlord shall pay to the tenant such sum by way of compensation as may be determined by or under the regulations.

(3)The regulations may also make such procedural, incidental, supplementary and transitional provisions as may appear to the Secretary of State necessary or expedient, and may in particular—

(a)require a landlord to take such steps as may be prescribed to make its secure tenants aware of the provisions of the regulations;

(b)require a landlord to maintain a list of contractors who are prepared to carry out repairs for which it is responsible under the regulations;

(c)provide that, where a landlord issues a repair notice, it shall give to the tenant a copy of the notice and the prescribed particulars of at least two other listed contractors who are competent to carry out the repair;

(d)provide for questions arising under the regulations to be determined by the county court; and

(e)enable the landlord to set off against any compensation payable under the regulations any sums owed to it by the tenant.

(4)Nothing in subsection (2) or (3) shall be taken as prejudicing the generality of subsection (1).

(5)Regulations under this section—

(a)may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)In this section—

  • “ listed contractor ”, in relation to a landlord, means any contractor (which may include the landlord) who is specified in the landlord’s list of contractors;

  • “ qualifying repair ”, in relation to a dwelling-house, means any repair of a prescribed description which the landlord is obliged by a repairing covenant to carry out;

  • “ repairing covenant ”, in relation to a dwelling-house, means a covenant, whether express or implied, obliging the landlord to keep in repair the dwelling-house or any part of the dwelling-house;

and for the purposes of this subsection a prescribed description may be framed by reference to any circumstances whatever.]

Textual Amendments

F100S. 96 substituted (1.12.1993) by 1993 c. 28, s. 121; S.I. 1993/2762, art. 4(a) (with saving in art. 5(1)).

Modifications etc. (not altering text)

C13S. 96 extended (1.10.1996) by 1996 c. 52, s. 135; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

97 Tenant’s improvements require consent.E+W

(1)It is a term of every secure tenancy that the tenant will not make any improvement without the written consent of the landlord.

(2)In this Part “improvement” means any alteration in, or addition to, a dwelling-house, and includes—

(a)any addition to or alteration in landlord’s fixtures and fittings,

(b)any addition or alteration connected with the provision of services to the dwelling-house,

(c)the erection of a wireless or television aerial, and

(d)the carrying out of external decoration.

(3)The consent required by virtue of subsection (1) shall not be unreasonably withheld, and if unreasonably withheld shall be treated as given.

(4)The provisions of this section have effect, in relation to secure tenancies, in place of section 19(2) of the M3Landlord and Tenant Act 1927 (general provisions as to covenants, &c. not to make improvements without consent).

[F101(5) In this section “ secure tenancy ” does not include a secure tenancy that is a flexible tenancy. ]

Textual Amendments

F101S. 97(5) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 155(3), 240(2); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)

Marginal Citations

98 Provisions as to consents required by s. 97.E+W

(1)If a question arises whether the withholding of a consent required by virtue of section 97 (landlord’s consent to improvements) was unreasonable, it is for the landlord to show that it was not.

(2)In determining that question the court shall, in particular, have regard to the extent to which the improvement would be likely—

(a)to make the dwelling-house, or any other premises, less safe for occupiers,

(b)to cause the landlord to incur expenditure which it would be unlikely to incur if the improvement were not made, or

(c)to reduce the price which the dwelling-house would fetch if sold on the open market or the rent which the landlord would be able to charge on letting the dwelling-house.

(3)A consent required by virtue of section 97 may be validly given notwithstanding that it follows, instead of preceding, the action requiring it.

(4)Where a tenant has applied in writing for a consent which is required by virtue of section 97—

(a)the landlord shall if it refuses consent give the tenant a written statement of the reason why consent was refused, and

(b)if the landlord neither gives nor refuses to give consent within a reasonable time, consent shall be taken to have been withheld.

99 Conditional consent to improvements.E+W

(1)Consent required by virtue of section 97 (landlord’s consent to improvements) may be given subject to conditions.

(2)If the tenant has applied in writing for consent and the landlord gives consent subject to an unreasonable condition, consent shall be taken to have been unreasonably withheld.

(3)If a question arises whether a condition was reasonable, it is for the landlord to show that it was.

(4)A failure by a secure tenant to satisfy a reasonable condition imposed by his landlord in giving consent to an improvement which the tenant proposes to make, or has made, shall be treated for the purposes of this Part as a breach by the tenant of an obligation of his tenancy.

[F10299A Right to compensation for improvements.E+W

(1)The powers conferred by this section shall be exercisable as respects cases where a secure tenant has made an improvement and—

(a)the work on the improvement was begun not earlier than the commencement of section 122 of the Leasehold Reform, Housing and Urban Development Act 1993,

(b)the landlord, or a predecessor in title of the landlord (being a local authority), has given its written consent to the improvement or is to be treated as having given its consent, and

(c)at the time when the tenancy comes to an end the landlord is a local authority and the tenancy is a secure tenancy.

(2)The Secretary of State may make regulations for entitling the qualifying person or persons (within the meaning given by section 99B)—

(a)at the time when the tenancy comes to an end, and

(b)subject to and in accordance with the regulations,

to be paid compensation by the landlord in respect of the improvement.

(3)The regulations may provide that compensation shall be not payable if—

(a)the improvement is not of a prescribed description,

(b)the tenancy comes to an end in prescribed circumstances,

(c)compensation has been paid under section 100 in respect of the improvement, or

(d)the amount of any compensation which would otherwise be payable is less than a prescribed amount;

and for the purposes of this subsection a prescribed description may be framed by reference to any circumstances whatever.

(4)The regulations may provide that the amount of any compensation payable shall not exceed a prescribed amount but, subject to that, shall be determined by the landlord, or calculated, in such manner, and taking into account such matters, as may be prescribed.

(5)The regulations may also make such procedural, incidental, supplementary and transitional provisions as may appear to the Secretary of State necessary or expedient, and may in particular—

(a)provide for the manner in which and the period within which claims for compensation under the regulations are to be made, and for the procedure to be followed in determining such claims,

(b)prescribe the form of any document required to be used for the purposes of or in connection with such claims,

(c)provide for questions arising under the regulations to be determined by the district valuer or the county court, and

(d)enable the landlord to set off against any compensation payable under the regulations any sums owed to it by the qualifying person or persons.

(6)Nothing in subsections (3) to (5) shall be taken as prejudicing the generality of subsection (2).

(7)Regulations under this section—

(a)may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b)shall be made by statutory instrument which (except in the case of regulations making only such provision as is mentioned in subsection (5)(b)) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8)For the purposes of this section and section 99B, a tenancy shall be treated as coming to an end if—

(a)it ceases to be a secure tenancy by reason of the landlord condition no longer being satisfied, or

(b)it is assigned, with the consent of the landlord—

(i)to another secure tenant who satisfies the condition in subsection (2) of section 92 (assignments by way of exchange), or

(ii)to an assured tenant who satisfies the conditions in subsection (2A) of that section.

[F103(9)In this section—

(a) “ secure tenancy ” does not include a secure tenancy that is a flexible tenancy, and

(b) “ secure tenant ” does not include a tenant under a secure tenancy that is a flexible tenancy. ]]

Textual Amendments

F102S. 99A, 99B inserted (1.2.1994) by 1993 c. 28, s. 122; S.I. 1993/2762, art. 4(b) (with saving in art. 5(2)).

F103S. 99A(9) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 155(4), 240(2); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)

F10499B Persons qualifying for compensation.E+W

(1)A person is a qualifying person for the purposes of section 99A(2) if—

(a)he is, at the time when the tenancy comes to an end, the tenant or, in the case of a joint tenancy at that time, one of the tenants, and

(b)he is a person to whom subsection (2) applies.

(2)This subsection applies to—

(a)the improving tenant;

(b)a person who became a tenant jointly with the improving tenant;

(c)a person in whom the tenancy was vested, or to whom the tenancy was disposed of, under section 89 (succession to periodic tenancy) or section 90 (devolution of term certain) on the death of the improving tenant or in the course of the administration of his estate;

(d)a person to whom the tenancy was assigned by the improving tenant and who would have been qualified to succeed him if he had died immediately before the assignment;

F105 [( e )a person to whom the tenancy was assigned by the improving tenant in pursuance of an order made under—

(i)section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),

(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), F106 . . .

(iii)paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents) [F107, or

(iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. ) ]]

F108 [( f )a spouse, former spouse, [F109civil partner, former civil partner,] cohabitant or former cohabitant of the improving tenant to whom the tenancy has been transferred by an order made under Schedule 1 to the Matrimonial Homes Act 1983 or Schedule 7 to the Family Law Act 1996.]

(3)Subsection (2)(c) does not apply in any case where the tenancy ceased to be a secure tenancy by virtue of section 89(3) or, as the case may be, section 90(3).

(4)Where, in the case of two or more qualifying persons, one of them (“the missing person”) cannot be found—

(a)a claim under regulations made under section 99A may be made by, and compensation under those regulations may be paid to, the other qualifying person or persons; but

(b)the missing person shall be entitled to recover his share of any compensation so paid from that person or those persons.

(5)In this section “the improving tenant” means—

(a)the tenant by whom the improvement mentioned in section 99A(1) was made, or

(b)in the case of a joint tenancy at the time when the improvement was made, any of the tenants at that time.

Textual Amendments

F104S. 99A, 99B inserted (1.2.1994) by 1993 c. 28, s. 122; S.I. 1993/2762, art. 4(b) (with saving in art. 5(2)).

F105S. 99B(2)(e) substituted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. III para. 13; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F106Word at the end of s. 99B(2)(e)(ii) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(4), 263(10), Sch. 30; S.I. 2005/3175, art. 2(6)

F107S. 99B(2)(e)(iv) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 para. 25; S.I. 2005/3175, art. 2(1), Sch. 1

F108S. 99B(2)(f) substituted (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para. 54 (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3

100 Power to reimburse cost of tenant’s improvements.E+W

(1)Where a secure tenant has made an improvement and—

(a)the work on the improvement was begun on or after 3rd October, 1980,

(b)the landlord, or a predecessor in title of the landlord, has given its written consent to the improvement or is treated as having given its consent, and

(c)the improvement has materially added to the price which the dwelling-house may be expected to fetch if sold on the open market, or the rent which the landlord may be expected to be able to charge on letting the dwelling-house,

the landlord may, at or after the end of the tenancy, make to the tenant (or his personal representatives) such payment in respect of the improvement as the landlord considers to be appropriate.

F110(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F111(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The power conferred by this section to make such payments as are mentioned in subsection (1) is in addition to any other power of the landlord to make such payments.

Textual Amendments

F110S. 100(2) repealed (18.7.2003) by S.I. 2002/1860, arts. 1(3), 12, 15, Sch. 4 para. 2(2), Sch. 6 (with arts. 11(2), 15(2))

F111S. 100(2A) repealed (17.12.1996) by 1996 c. 53, ss. 103, 147, Sch. 1 para. 4(2), Sch. 3 Pt. I; S.I. 1996/2842, art. 3 (with art. 8)

101 Rent not to be increased on account of tenant’s improvements.E+W

(1)This section applies where a person (the “improving tenant”) who is or was the secure tenant of a dwelling-house has lawfully made an improvement and has borne the whole or part of its cost; and for the purposes of this section a person shall be treated as having borne any cost which he would have borne but for a [F112renovation grant or common parts grant under Chapter I of Part I of the Housing Grants, Construction and Regeneration Act 1996 (grants for renewal of private sector housing).]

F113(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In determining, at any time whilst the improving tenant or his qualifying successor is a secure tenant of the dwelling-house, whether or to what extent to increase the rent, the landlord shall treat the improvement as justifying only such part of an increase which would otherwise be attributable to the improvement as corresponds to the part of the cost which was not borne by the tenant (and accordingly as not justifying an increase if he bore the whole cost).

(3)The following are qualifying successors of an improving tenant—

[F114(a)a person in whom the tenancy was vested, or to whom the tenancy was disposed of, under section 89 (succession to periodic tenancy) or section 90 (devolution of term certain) on the death of the tenant or in the course of the administration of his estate;]

(b)a person to whom the tenancy was assigned by the tenant and who would have been qualified to succeed him if he had died immediately before the assignment,

F115 [( c )a person to whom the tenancy was assigned by the tenant in pursuance of an order made under—

(i)section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),

(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), F116 . . .

(iii)paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents) [F117, or

(iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. ) ]]

F118 [( d )a spouse, former spouse, [F119civil partner, former civil partner,] cohabitant or former cohabitant of the tenant to whom the tenancy has been transferred by an order made under Schedule 1 to the Matrimonial Homes Act 1983 or Schedule 7 to the Family Law Act 1996.]

(4)This section does not apply to an increase of rent attributable to rates [F120or to council tax].

Textual Amendments

F112Words in s. 101(1) substituted (17.12.1996) by 1996 c. 53, s. 103, Sch. 1 para. 5(1); S.I. 1996/2842, art. 3

F114S. 101(3)(a) substituted (11.10.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 10; S.I. 1993/2134, arts. 2, 4(a).

F115S. 101(3)(c) substituted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. III para. 14; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F116Word in s. 101(3)(c)(ii) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(4), 263(10), Sch. 30; S.I. 2005/3175, art. 2(6)

F117S. 101(3)(c)(iv) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 para. 26; S.I. 2005/3175, art. 2(1), Sch. 1

F120Words in s. 101(4) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para. 12.

Variation of terms of tenancyE+W

102 Variation of terms of secure tenancy.E+W

(1)The terms of a secure tenancy may be varied in the following ways, and not otherwise—

(a)by agreement between the landlord and the tenant;

(b)to the extent that the variation relates to rent or to payments in respect of rates [F121, council tax]or services, by the landlord or the tenant in accordance with a provision in the lease or agreement creating the tenancy, or in an agreement varying it;

(c)in accordance with section 103 (notice of variation of periodic tenancy).

(2)References in this section and section 103 to variation include addition and deletion; and for the purposes of this section the conversion of a monthly tenancy into a weekly tenancy, or a weekly tenancy into a monthly tenancy, is a variation of a term of the tenancy, but a variation of the premises let under a tenancy is not.

(3)This section and section 103 do not apply to a term of a tenancy which—

(a)is implied by an enactment, or

(b)may be varied under section 93 of the M4Rent Act 1977 (housing association and other tenancies: increase of rent without notice to quit).

(4)This section and section 103 apply in relation to the terms of a periodic tenancy arising by virtue of section 86 (periodic tenancy arising on termination of a fixed term) as they would have applied to the terms of the first tenancy mentioned in that section had that tenancy been a periodic tenancy.

Textual Amendments

F121Words in S. 102(1)(b) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para. 13.

Modifications etc. (not altering text)

C14S. 102 modified (16.3.2016 for specified purposes) by Welfare Reform and Work Act 2016 (c. 7), ss. 28, 31(9), 36(5)

C15S. 102 modified (16.3.2016 for specified purposes, 1.4.2016 in so far as not already in force) by Welfare Reform and Work Act 2016 (c. 7), ss. 31(9), 36(5); S.I. 2016/394, reg. 4

Marginal Citations

103 Notice of variation of periodic tenancy.E+W

(1)The terms of a secure tenancy which is a periodic tenancy may be varied by the landlord by a notice of variation served on the tenant.

(2)Before serving a notice of variation on the tenant the landlord shall serve on him a preliminary notice—

(a)informing the tenant of the landlord’s intention to serve a notice of variation,

(b)specifying the proposed variation and its effect, and

(c)inviting the tenant to comment on the proposed variation within such time, specified in the notice, as the landlord considers reasonable;

and the landlord shall consider any comments made by the tenant within the specified time.

(3)Subsection (2) does not apply to a variation of the rent, or of payments in respect of services or facilities provided by the landlord or of payments in respect of rates.

(4)The notice of variation shall specify—

(a)the variation effected by it, and

(b)the date on which it takes effect;

and the period between the date on which it is served and the date on which it takes effect must be at least four weeks or the rental period, whichever is the longer.

(5)The notice of variation, when served, shall be accompanied by such information as the landlord considers necessary to inform the tenant of the nature and effect of the variation.

(6)If after the service of a notice of variation the tenant, before the date on which the variation is to take effect, gives a valid notice to quit, the notice of variation shall not take effect unless the tenant, with the written agreement of the landlord, withdraws his notice to quit before that date.

Provision of information and consultationE+W

104 Provision of information about tenancies.E+W

(1)Every body which lets dwelling-houses under secure tenancies shall from time to time publish information about its secure tenancies, in such form as it considers best suited to explain in simple terms, and so far as it considers it appropriate, the effect of—

(a)the express terms of its secure tenancies,

(b)the provisions of this Part F122. . . , and

(c)the provisions of sections 11 to 16 of the M5Landlord and Tenant Act 1985 (landlord’s repairing obligations),

and shall ensure that so far as is reasonably practicable the information so published is kept up to date.

(2)The landlord under a secure tenancy shall supply the tenant with—

(a)a copy of the information for secure tenants published by it under subsection (1), and

(b)a written statement of the terms of the tenancy, so far as they are neither expressed in the lease or written tenancy agreement (if any) nor implied by law;

and the statement required by paragraph (b) shall be supplied [F123when the secure tenancy arises] or as soon as practicable afterwards.

[F124(3) A local authority which is the landlord under a secure tenancy shall supply the tenant, at least once in every relevant year, with a copy of such information relating to the provisions mentioned in subsection (1)(b) and (c) as was last published by it; and in this subsection “ relevant year ” means any period of twelve months beginning with an anniversary of the date of such publication. ]

Textual Amendments

F122Words in s. 104(1)(b) omitted (18.1.2005) by virtue of Housing Act 2004 (c. 34), ss.189(2), 270(3)(a) and repealed (6.4.2006 (E.) and 16.6.2006 (W.)) by Housing Act 2004 (c. 34), ss. 266, 270(4)(5), Sch. 16; S.I. 2006/1060, art. 2(1)(e)(v); S.I. 2006/1535, art. 2(c)(v)

F123Words in s. 104(2) substituted (4.2.1997) by 1996 c. 52, s. 141(1), Sch. 14 para. 2; S.I. 1997/66, art. 2 (subject to savings in Sch.)

F124S. 104(3) inserted (11.10.1993) by 1993 c. 28, s. 123; S.I. 1993/2134, arts 2, 4(a).

Marginal Citations

105 Consultation on matters of housing management.E+W

(1)A landlord authority shall maintain such arrangements as it considers appropriate to enable those of its secure tenants who are likely to be substantially affected by a matter of housing management to which this section applies—

(a)to be informed of the authority’s proposals in respect of the matter, and

(b)to make their views known to the authority within a specified period;

and the authority shall, before making any decision on the matter, consider any representations made to it in accordance with those arrangements.

(2)For the purposes of this section, a matter is one of housing management if, in the opinion of the landlord authority, it relates to—

(a)the management, maintenance, improvement or demolition of dwelling-houses let by the authority under secure tenancies, or

(b)the provision of services or amenities in connection with such dwelling-houses;

but not so far as it relates to the rent payable under a secure tenancy or to charges for services or facilities provided by the authority.

(3)This section applies to matters of housing management which, in the opinion of the landlord authority, represent—

(a)a new programme of maintenance, improvement or demolition, or

(b)a change in the practice or policy of the authority,

and are likely substantially to affect either its secure tenants as a whole or a group of them who form a distinct social group or occupy dwelling-houses which constitute a distinct class (whether by reference to the kind of dwelling-house, or the housing estate or other larger area in which they are situated).

(4)In the case of a landlord authority which is a local housing authority, the reference in subsection (2) to the provision of services or amenities is a reference only to the provision of services or amenities by the authority acting in its capacity as landlord of the dwelling-houses concerned.

(5)A landlord authority shall publish details of the arrangements which it makes under this section, and a copy of the documents published under this subsection shall—

(a)be made available at the authority’s principal office for inspection at all reasonable hours, without charge, by members of the public, and

(b)be given, on payment of a reasonable fee, to any member of the public who asks for one.

(6)A landlord authority which is [F125a private registered provider of social housing or] a [F126registered social landlord] shall, instead of complying with paragraph (a) of subsection (5), send a copy of any document published under that subsection—

(a)to the [F127Relevant Authority], and

(b)to the council of any district [F128, Welsh county or county borough] or London borough in which there are dwelling-houses let by the [F129landlord authority] under secure tenancies;

and a council to whom a copy is sent under this subsection shall make it available at its principal office for inspection at all reasonable hours, without charge, by members of the public.

[F130(7)For the purposes of this section—

(a)secure tenants include demoted tenants within the meaning of section 143A of the Housing Act 1996;

(b)secure tenancies include demoted tenancies within the meaning of that section.]

Textual Amendments

F126Words in s. 105(6) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(10)(a)

F127Words in s. 105(6)(a) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 5 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F128Words in s. 105(6)(b) inserted (1.4.1996) by 1994 c. 19. s. 22(2), Sch. 8 para. 5(7) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F129Word in s. 105(6)(b) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(10)(b)

F130S. 105(7) inserted (30.6.2004 for E and 30.9.2004 for specified purposes for W. and 30.4.2005 otherwise for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 14, 93(2), Sch. 1 para. 2(2); S.I. 2004/1502, art. 2(a)(iii) (subject to Sch.); S.I. 2004/2557, art. 2(a)(ii) (subject to Sch.); S.I. 2005/1225, art. 2(b)

Modifications etc. (not altering text)

106 Information about housing allocation.E+W

(1)A landlord authority shall publish a summary of its rules—

(a)for determining priority as between applicants in the allocation of its housing accommodation, and

(b)governing cases where secure tenants wish to move (whether or not by way of exchange of dwelling-houses) to other dwelling-houses let under secure tenancies by that authority or another body.

(2)A landlord authority shall—

(a)maintain a set of the rules referred to in subsection (1) and of the rules which it has laid down governing the procedure to be followed in allocating its housing accommodation, and

(b)make them available at its principal office for inspection at all reasonable hours, without charge, by members of the public.

(3)A landlord authority which is [F131a private registered provider of social housing or] a [F132registered social landlord] shall, instead of complying with paragraph (b) of sub-section (2), send a set of the rules referred to in paragraph (a) of that subsection—

(a)to the [F133Relevant Authority], and

(b)to the council of any district [F134, Welsh county or county borough] or London borough in which there are dwelling-houses let or to be let by the [F135landlord authority] under secure tenancies;

and a council to whom a set of rules is sent under this subsection shall make it available at its principal office for inspection at all reasonable hours, without charge, by members of the public.

(4)A copy of the summary published under subsection (1) shall be given without charge, and a copy of the set of rules maintained under subsection (2) shall be given on payment of a reasonable fee, to any member of the public who asks for one.

(5)At the request of a person who has applied to it for housing accommodation, a landlord authority shall make available to him, at all reasonable times and without charge, details of the particulars which he has given to the authority about himself and his family and which the authority has recorded as being relevant to his application for accommodation.

[F136(6)The provisions of this section do not apply to a landlord authority which is a local housing authority so far as they impose requirements corresponding to those to which such an authority is subject under [F137section] 168 of the Housing Act 1996 (provision of information about F138... allocation schemes).]

Textual Amendments

F132Words in s. 106(3) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(11)(a)

F133Words in s. 106(3)(a) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 5 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F134Words in s. 106(3)(b) inserted (1.4.1996) by 1994 c. 19. s. 22(2), Sch. 8 para. 5(7) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F135Word in s. 106(3) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(11)(b)

F136S. 106(6) inserted (1.4.1997) by 1996 c. 52, s. 173, Sch. 16 para. 1; S.I. 1996/2959, art. 3 (subject to transitional provision in Sch. para. 2)

F137Word in s. 106(6) substituted (27.1.2003 for W. and 31.1.2003 for E.) by 2002 c. 7, s. 18(1), Sch. 1 para. 1; S.I. 2002/1736, art. 2(2), Sch. Pt. 2; S.I. 2002/3114, art. 3

F138Words in s. 106(6) repealed (27.1.2003 for W. and 31.1.2003 for E.) by 2002 c. 7, s. 20(1), Sch. 2; S.I. 2002/1736, art. 2(2), Sch. Pt. 2; S.I. 2002/3114, art. 3

Modifications etc. (not altering text)

C17S. 106(5) excluded by Access to Personal Files Act 1987 (c. 37, SIF 106:1), s. 1(3)(5)

[F139106A Consultation before disposal to private sector landlord.E+W

(1)The provisions of Schedule 3A have effect with respect to the duties of—

(a)a local authority proposing to dispose of dwelling-houses subject to secure tenancies [F140or introductory tenancies], and

(b)the Secretary of State in considering whether to give his consent to such a disposal,

to have regard to the views of tenants liable as a result of the disposal to cease to be secure tenants [F141or introductory tenants].

(2)In relation to a disposal to which that Schedule applies, the provisions of that Schedule apply in place of the provisions of section 105 (consultation on matters of housing management) [F142in the case of secure tenants and section 137 of the Housing Act 1996 (consultation on matters of housing management) in the case of introductory tenants.]

F143 [( 3 )That Schedule, and this section, do not apply in relation to any disposal of an interest in land by a local authority if—

(a)the interest has been acquired by the authority (whether compulsorily or otherwise) following the making of an order for compulsory purchase under any enactment, other than section 290 (acquisition of land for clearance),

(b)the order provides that the interest is being acquired for the purpose of disposal to [F144a private registered provider of social housing or] a registered social landlord, and

(c)such a disposal is made within one year of the acquisition.

(4)In this section “registered social landlord” has the same meaning as in Part I of the Housing Act 1996.]]

Textual Amendments

F140Words in s. 106A(1)(a) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 3(h)(i)

F141Words in s. 106A(1) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 3(h)(ii)

F142Words in s. 106A(2) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 3(h)(iii)

F143S. 106A(3)(4) inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 para. 23; S.I. 1996/2402, art. 3 (subject to transitional provisions and to savings in Sch.)

[F145Flexible tenanciesE+W

Textual Amendments

F145Ss. 107A-107E and cross-heading inserted (15.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 154, 240(2); S.I. 2012/57, art. 4(1)(p) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)

107AFlexible tenanciesE+W

(1)For the purposes of this Act, a flexible tenancy is a secure tenancy to which any of the following subsections applies.

(2)This subsection applies to a secure tenancy if—

(a)it is granted by a landlord in England for a term certain of not less than two years, and

(b)before it was granted the person who became the landlord under the tenancy served a written notice on the person who became the tenant under the tenancy stating that the tenancy would be a flexible tenancy.

(3)This subsection applies to a secure tenancy if—

(a)it becomes a secure tenancy by virtue of a notice under paragraph 4ZA(2) of Schedule 1 (family intervention tenancies becoming secure tenancies),

(b)the landlord under the family intervention tenancy in question was a local housing authority in England,

(c)the family intervention tenancy was granted to a person on the coming to an end of a flexible tenancy under which the person was a tenant,

(d)the notice states that the tenancy is to become a secure tenancy that is a flexible tenancy for a term certain of the length specified in the notice, and sets out the other express terms of the tenancy, and

(e)the length of the term specified in the notice is at least two years.

(4)The length of the term of a flexible tenancy that becomes such a tenancy by virtue of subsection (3) is that specified in the notice under paragraph 4ZA(2) of Schedule 1.

(5) The other express terms of the flexible tenancy are those set out in the notice, so far as those terms are compatible with the statutory provisions relating to flexible tenancies; and in this subsection “ statutory provision ” means any provision made by or under an Act.

(6)This subsection applies to a secure tenancy if—

(a)it is created by virtue of section 137A of the Housing Act 1996 (introductory tenancies becoming flexible tenancies), or

(b)it arises by virtue of section 143MA of that Act (demoted tenancies becoming flexible tenancies).

107BReview of decisions relating to flexible tenanciesE+W

(1)This section applies if a person (“the prospective landlord”)—

(a)offers to grant a flexible tenancy (whether or not on the coming to an end of an existing tenancy of any kind), or

(b)serves a notice under section 137A of the Housing Act 1996 stating that, on the coming to an end of an introductory tenancy, it will become a flexible tenancy.

(2) A person to whom the offer is made or on whom the notice is served (“ the person concerned ”) may request a review of the prospective landlord's decision about the length of the term of the tenancy.

(3)The review may only be requested on the basis that the length of the term does not accord with a policy of the prospective landlord as to the length of the terms of the flexible tenancies it grants.

(4)A request for a review must be made before the end of—

(a)the period of 21 days beginning with the day on which the person concerned first receives the offer or notice, or

(b)such longer period as the prospective landlord may in writing allow.

(5)On a request being duly made to it, the prospective landlord must review its decision.

(6)The Secretary of State may by regulations make provision about the procedure to be followed in connection with a review under this section.

(7)The regulations may, in particular, make provision—

(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 person may be represented at such a hearing.

(8)The prospective landlord must notify the person concerned in writing of the decision on the review.

(9)If the decision is to confirm the original decision, the prospective landlord must also notify the person of the reasons for the decision.

(10)Regulations under this section—

(a)may contain transitional or saving provision;

(b)are to be made by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.

107CTermination of flexible tenancy by tenantE+W

(1)It is a term of every flexible 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.

107DRecovery of possession on expiry of flexible tenancyE+W

(1)Subject as follows, on or after the coming to an end of a flexible tenancy a court must make an order for possession of the dwelling-house let on the tenancy if it is satisfied that the following conditions are met.

(2)Condition 1 is that the flexible tenancy has come to an end and no further secure tenancy (whether or not a flexible tenancy) is for the time being in existence, other than a secure tenancy that is a periodic tenancy (whether or not arising by virtue of section 86).

(3)Condition 2 is that the landlord has given the tenant not less than six months' notice in writing—

(a)stating that the landlord does not propose to grant another tenancy on the expiry of the flexible tenancy,

(b)setting out the landlord's reasons for not proposing to grant another tenancy, and

(c)informing the tenant of the tenant's right to request a review of the landlord's proposal and of the time within which such a request must be made.

(4)Condition 3 is that the landlord has given the tenant not less than [F146two months' notice][F146four months' notice] in writing stating that the landlord requires possession of the dwelling-house.

(5)A notice under subsection (4) may be given before or on the day on which the tenancy comes to an end.

(6)The court may refuse to grant an order for possession under this section if—

(a)the tenant has in accordance with section 107E requested a review of the landlord's proposal not to grant another tenancy on the expiry of the flexible tenancy, and

(b)the court is satisfied that the landlord has failed to carry out the review in accordance with provision made by or under that section or that the decision on the review is otherwise wrong in law.

(7)If a court refuses to grant an order for possession by virtue of subsection (6) it may make such directions as to the holding of a review or further review under section 107E as it thinks fit.

(8)This section has effect notwithstanding that, on the coming to an end of the flexible tenancy, a periodic tenancy arises by virtue of section 86.

(9)Where a court makes an order for possession of a dwelling-house by virtue of this section, any periodic tenancy arising by virtue of section 86 on the coming to an end of the flexible tenancy comes to an end (without further notice and regardless of the period) in accordance with section 82(2).

(10)This section is without prejudice to any right of the landlord under a flexible tenancy to recover possession of the dwelling-house let on the tenancy in accordance with this Part.

Textual Amendments

F146Words in s. 107D(4) substituted (temp.) (26.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 29 paras. 1, 5 (with ss. 88-90) (as amended: (E.) (28.8.2020) by S.I. 2020/914, regs. 1(2), 3(2)(5) (with reg. 4); (W.) (29.9.2020) by S.I. 2020/1044, regs. 1(2), 3 (with reg. 17); (31.3.2021) by S.I. 2021/284, regs. 1(2), 2 and S.I. 2021/377, regs. 1(2), 2; and (E.) (1.6.2021) by S.I. 2021/564, regs. 1(2)(3), 2(2)(6) (with reg. 3); (W.) (30.6.2021) by S.I. 2021/708, regs. 1(2), 2; and (W.) (30.9.2021) by S.I. 2021/1064, regs. 1(2), 2) (and which amending provision is suspended (E.) (1.10.2021) by The Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021 (S.I. 2021/994), regs. 1(3), 3)

107EReview of decision to seek possessionE+W

(1)A request for a review of a landlord's decision to seek an order for possession of a dwelling-house let under a flexible tenancy must be made before the end of the period of 21 days beginning with the day on which the notice under section 107D(3) is served.

(2)On a request being duly made to it, the landlord must review its decision.

(3)The review must, in particular, consider whether the decision is in accordance with any policy of the landlord as to the circumstances in which it will grant a further tenancy on the coming to an end of an existing flexible tenancy.

(4)The Secretary of State may by regulations make provision about the procedure to be followed in connection with a review under this section.

(5)The regulations may, in particular, make provision—

(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 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.

(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;

(b)are to be made by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.]

MiscellaneousE+W

F147107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

108 Heating chargesE+W

(1)This section applies to secure tenants of dwelling-houses to which a heating authority supply heat produced at a heating installation.

(2)The Secretary of State may by regulations require heating authorities to adopt such methods for determining heating charges payable by such tenants as will secure that the proportion of heating costs borne by each of those tenants is no greater than is reasonable.

(3)The Secretary of State may by regulations make provision for entitling such tenants, subject to and in accordance with the regulations, to require the heating authority—

(a)to give them, in such form as may be prescribed by the regulations, such information as to heating charges and heating costs as may be so prescribed, and

(b)where such information has been given, to afford them reasonable facilities for inspecting the accounts, receipts and other documents supporting the information and for taking copies or extracts from them.

(4)Regulations under this section—

(a)May make different provision with respect to different cases or descriptions of case, including different provision for different areas;

(b)may make such procedural, incidental, supplementary and transitional provision as appears to the Secretary of State to be necessary or expedient, and may in particular provide for any question arising under the regulations to be referred to and determined by the county court; and

(c)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)In this section—

(a)“heating authority” means a housing authority [F148or housing action trust] who operate a heating installation and supply to premises heat produced at the installation;

(b)“heating installation” means a generating station or other installation for producing heat;

(c)references to heat produced at an installation include steam produced from, and air and water heated by, heat so produced;

(d)“heating charge” means an amount payable to a heating authority in respect of heat produced at a heating installation and supplied to premises, including in the case of heat supplied to premises let by the authority such an amount payable as part of the rent;

(e)“heating costs” means expenses incurred by a heating authority in operating a heating installation.

Textual Amendments

109 Provisions not applying to tenancies of co-operative housing associations.E+W

Sections 91 to 108 (assignment and subletting, repairs and improvements, variation of terms, provision of information and consultation, contributions to costs of transfers and heating charges) do not apply to a tenancy when the interest of the landlord belongs to a co-operative housing association.

Supplementary provisionsE+W

[F149109A Acquisition of dwelling-house subject to statutory tenancy.E+W

Where an authority or body within section 80 (the landlord condition for secure tenancies) becomes the landlord of a dwelling-house subject to a statutory tenancy, the tenancy shall be treated for all purposes as if it were a contractual tenancy on the same terms, and the provisions of this Part apply accordingly.]

Textual Amendments

F149S. 109A and heading inserted by Housing and Planning Act 1986 (c.63, SIF 61), s. 24(1)(b), Sch. 5 Pt. I para. 2

110 Jurisdiction of county court.E+W

(1)[F150The county court] has jurisdiction to determine questions arising under this Part and to entertain proceedings brought under this Part and claims, for whatever amount, in connection with a secure tenancy.

(2)That jurisdiction includes jurisdiction to entertain proceedings on the following questions—

(a)whether a consent required by section 92 (assignment by way of exchange) was withheld otherwise than on one or more of the grounds set out in Schedule 3,

(b)whether a consent required by section 93(1)(b) or 97(1) (landlord’s consent to subletting of part of dwelling-house or to carrying out of improvements) was withheld or unreasonably withheld, or

(c)whether a statement supplied in pursuance of section 104(2)(b) (written statement of certain terms of tenancy) is accurate,

notwithstanding that no other relief is sought than a declaration.

[F151( 3 )If a person takes proceedings in the High Court which, by virtue of this section, he could have taken in the county court, he is not entitled to recover any costs.]

Textual Amendments

F150Words in s. 110(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C18S. 110(3) excluded (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), ss. 5(9), 12; S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2

111 County court rules and directions.E+W

F152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F153111A Introductory tenanciesE+W

Sections 102(1), (2) and (3)(a), 103 and 108 apply in relation to introductory tenancies as they apply in relation to secure tenancies.]

Textual Amendments

F153S. 111A inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 3(i)

112 Meaning of “dwelling-house”.E+W

(1)For the purposes of this Part a dwelling-house may be a house or a part of a house.

(2)Land let together with a dwelling-house shall be treated for the purposes of this Part as part of the dwelling-house unless the land is agricultural land (as defined in section 26(3)(a) of the M6General Rate Act 1967) exceeding two acres.

Marginal Citations

113 Members of a person’s family.E+W

(1)A person is a member of another’s family within the meaning of this Part if—

(a)he is the spouse [F154or civil partner] of that person, or he and that person live together [F155as if they were a married couple or] [F156civil partners], or

(b)he is that person’s parent, grandparent, child, grand-child, brother, sister, uncle, aunt, nephew or niece.

(2)For the purpose of subsection (1)(b)—

(a)a relationship by marriage [F157or civil partnership] shall be treated as a relationship by blood,

(b)a relationship of the half-blood shall be treated as a relationship of the whole blood,

(c)the stepchild of a person shall be treated as his child, and

(d)an illegitimate child shall be treated as the legitimate child of his mother and reputed father.

Textual Amendments

Modifications etc. (not altering text)

C20S. 113 applied by Protection from Eviction Act 1977 (c.43, SIF 75:1), s. 3A(5) as inserted by Housing Act 1988 (c.50, SIF 61), ss. 31, 42(2)(b)

C21S. 113 applied by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 138(2)

S. 113 applied (17.12.1996) by 1996 c. 53, s. 98(1); S.I. 1996/2842, art. 3

S. 113 applied (11.9.1996 for specified purposes and 16.12.1997 otherwise) by 1996 c. 53, s. 140(4); S.I. 1996/2352, art. 2(2); S.I. 1997/2846, art. 2

114 Meaning of “landlord authority”.E+W

(1)In this Part “landlord authority” means—

  • a local housing authority,

  • [F158a private registered provider of social housing other than a co-operative housing association,]

  • a [F159registered social landlord] other than a co-operative housing association,

  • a housing trust [F160, or] which is a charity,

  • a development corporation,

  • [F161a Mayoral development corporation, ]

  • [F162a housing action trust][F160, or]

  • an urban development corporation, F163. . .

  • F163. . .

other than an authority in respect of which an exemption certificate has been issued.

(2)The Secretary of State may, on an application duly made by the authority concerned, issue an exemption certificate to—

  • a development corporation,

  • [F162a housing action trust][F160, or]

  • an urban development corporation, F163. . .

  • F163. . .

if he is satisfied that it has transferred, or otherwise disposed of, at least three-quarters of the dwellings which have at any time before the making of the application been vested in it.

(3)The application shall be in such form and shall be accompanied by such information as the Secretary of State may, either generally or in relation to a particular case, direct.

Textual Amendments

F159Words in s. 114(1) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(12)

F160Words in s. 114(1)(2) inserted (1.10.1998) by 1998 c. 38, s. 129, Sch. 15 para. 10 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F161Words in s. 114(1) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 12

F163Words in s. 114(1)(2) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

115 Meaning of “long tenancy”.E+W

(1)The following are long tenancies for the purposes of this Part, subject to subsection (2)—

(a)a tenancy granted for a term certain exceeding 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;

(b)a tenancy for a term fixed by law under a grant with a covenant or obligation for perpetual renewal, other than a tenancy by sub-demise from one which is not a long tenancy;

(c)any tenancy granted in pursuance of Part V (the right to buy) [F164, including any tenancy granted in pursuance of that Part F165... by virtue of section 17 of the Housing Act 1996 (the right to acquire)].

(2)A tenancy granted so as to become terminable by notice after a death is not a long tenancy for the purposes of this Part, unless—

(a)it is granted by a housing association which at the time of the grant is [F166a private registered provider of social housing or] [F167a registered social landlord],

(b)it is granted at a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, and

(c)at the time it is granted it complies with the requirements of the regulations then in force under section 140(4)(b) of the M7Housing Act 1980 [F168or paragraph 4(2)(b) of schedule 4A to the Leasehold Reform Act 1967] (conditions for exclusion of shared ownership leases from Part I of the M8Leasehold Reform Act 1967) or, in the case of a tenancy granted before any such regulations were brought into force, with the first such regulations to be in force.

Textual Amendments

F164Words in s. 115(1)(c) inserted (1.4.1997) by S.I. 1997/627, art. 2, Sch. para. 3(2)

F167Words in s. 115(2)(a) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(13)

Marginal Citations

[F169115A Meaning of “introductory tenancy”.E+W

In this Part “introductory tenancy” has the same meaning as in Chapter I of Part V of the Housing Act 1996.]

Textual Amendments

F169S. 115A inserted (4.2.1997) by 1996 c. 52, s. 141(1), Sch. 14 para. 3; S.I. 1997/66, art. 2 (subject to savings in Sch.)

116 Minor definitions.E+W

In this Part—

  • “common parts”, in relation to a dwelling-house let under a tenancy, means any part of a building comprising the dwelling-house and any other premises which the tenant is entitled under the terms of the tenancy to use in common with the occupiers of other dwelling-houses let by the landlord;

  • “housing purposes” means the purposes for which dwelling-houses are held by local housing authorities under Part II (provision of housing) or purposes corresponding to those purposes;

  • “rental period” means a period in respect of which a payment of rent falls to be made;

  • “term”, in relation to a secure tenancy, includes a condition of the tenancy.

117 Index of defined expressions: Part IVE+W

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression in the same section or paragraph):—

[F170assured tenancy][F170section 622]
cemeterysection 622
charitysection 622
common parts (in relation to a dwelling-house let under a tenancy)section 116
[F171consent (in Schedule 3A)][F171paragraph 2(3) of that Schedule]
co-operative housing associationsection 5(2)
F172. . .F172. . .
development corporationsection 4(c)
dwelling-housesection 112
family (member of)section 113
[F173flexible tenancysection 107A]
housing associationsection 5(1)
housing authoritysection 4(a)
housing purposessection 116
housing trustsection 6
improvementsection 97(2)
[F174introductory tenancy][F174section 115A]
[F175landlord (in Part V of Schedule 2)][F175paragraph 5 of that Part]
landlord authoritysection 114
local authoritysection 4(e)
local housing authoritysection 1, 2(2)
long tenancysection 115
[F171management agreement and manager][F171sections 27(2)and 27B(4)]
new town corporationsection 4(b)
qualified to succeed (on the death of a secure tenant)section 87
[F176registered social landlord][F176section 5(4) and (5)]
[F177the Relevant Authority][F177section 6A]
rental periodsection 116
secure tenancysection 79
term (in relation to a secure tenancy)section 116
urban development corporationsection 4(d)
variation (of the terms of a secure tenancy)section 102(2)

Textual Amendments

F173Entry in s. 117 inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 155(5), 240(2); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)

F174Entry in s. 117 inserted (4.2.1997) by 1996 c. 52, s. 141(1), Sch. 14 para. 4; S.I. 1997/66, art. 2 (subject to savings in Sch.)

F176Entry in s. 117 substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(14)

F177Entry in s. 117 inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 11(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

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