Modifications etc. (not altering text)
C1S. 47, 48, 50, 51, Pt. IV(ss. 79–117) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 paras. 22 and 23 as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61
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))
Textual Amendments
F1Ss. 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)
(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).]