PART 7Housing

CHAPTER 2Social housing: tenure reform

Flexible tenancies

I1155Flexible tenancies: other amendments

1

In section 83(1) of the Housing Act 1985 (proceedings for possession of dwelling-house let on a secure tenancy: notice requirements) after “section 82(1A)” insert “ , other than proceedings under section 107D (recovery of possession on expiry of flexible tenancy), ”.

2

In section 84(1) of that Act (grounds and orders for possession of dwelling-house let on a secure tenancy) at the end insert “ or in accordance with section 107D (recovery of possession on expiry of flexible tenancy) ”.

3

In section 97 of that Act (tenant's improvements require consent) after subsection (4) insert—

5

In this section “secure tenancy” does not include a secure tenancy that is a flexible tenancy.

4

In section 99A of that Act (right to compensation for improvement) after subsection (8) insert—

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.

5

In section 117 of that Act (index of defined expressions: Part 4) at the appropriate place insert—

flexible tenancy

section 107A

6

After section 137 of the Housing Act 1996 (introductory tenancies) insert—

Introductory tenancies that are to become flexible tenancies

137AIntroductory tenancies that are to become flexible tenancies

1

Where this section applies, a tenancy of a dwelling-house in England that ceases to be an introductory tenancy and becomes a secure tenancy in accordance with this Chapter becomes a flexible tenancy for a term certain.

2

This section applies if, before entering into or adopting the introductory tenancy, the person who became the landlord under the tenancy served a written notice on the person who was or became the tenant under the tenancy—

a

stating that, on ceasing to be an introductory tenancy, the tenancy would become a secure tenancy that would be a flexible tenancy for a term certain of the length specified in the notice,

b

specifying a period of at least two years as the length of the term of the tenancy, and

c

setting out the other express terms of the tenancy.

3

The length of the term of a flexible tenancy that becomes such a tenancy by virtue of this section is that specified in the notice under subsection (2).

4

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.

7

After section 143M of that Act (demoted tenancies) insert—

Demoted tenancies that are to become flexible tenancies

143MADemoted tenancies that are to become flexible tenancies

1

Subsection (2) applies to a demoted tenancy of a dwelling-house in England that—

a

was created on the termination of a flexible tenancy within the meaning of section 107A of the Housing Act 1985, and

b

ceases to be a demoted tenancy and becomes a secure tenancy in accordance with this Chapter.

2

If the landlord has served a notice within subsection (3) on the tenant before the end of the demoted tenancy then, on ceasing to be a demoted tenancy, the tenancy becomes a secure tenancy for a term certain that is a flexible tenancy.

3

The notice must—

a

state that, on ceasing to be a demoted tenancy, the tenancy will become a secure tenancy that is a flexible tenancy for a term certain of the length specified in the notice,

b

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

c

set out the other express terms of the tenancy.

4

The length of the term of a flexible tenancy that becomes such a tenancy by virtue of this section is that specified in the notice under subsection (3).

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.