Certain English tenancies that were not secure tenancies when originally granted

1ZA

A tenancy of a dwelling-house in England cannot become a secure tenancy if—

a

it was granted on or after the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 came fully into force,

b

it was not a secure tenancy or an introductory tenancy at the time it was granted, and

c

it is a periodic tenancy or a tenancy for a fixed term of less than 2 years or more than 5 years.

2A

A notice under sub-paragraph (2) that relates to a tenancy of a dwelling-house in England must—

a

state that the tenancy is to become a secure tenancy for a fixed term of a length specified in the notice, and

b

set out the other express terms of the tenancy.

2B

The length of the term specified in a notice in accordance with sub-paragraph (2A) must not be—

a

less than 2 years, or

b

more than the permitted maximum length.

2C

The permitted maximum length is 10 years, unless sub-paragraph (2D) applies.

2D

If the landlord has been notified in writing that a child aged under 9 will live in the dwelling-house, the permitted maximum length is the period—

a

beginning with the day on which the tenancy becomes a secure tenancy, and

b

ending with the day on which the child will reach the age of 19.

2E

In deciding what length to specify in a notice under sub-paragraph (2A)(a) the landlord must have regard to any guidance given by the Secretary of State.

2F

Where a notice is given in accordance with sub-paragraph (2A) the length of the secure tenancy, and the other terms, are those set out in the notice.

2G

Sub-paragraphs (2A) to (2F) do not apply to notices given before the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 comes fully into force.