Housing Act 198511
1
The Housing Act 198533 is amended as follows.
2
In section 2534 (increase of rent where tenancy not secure), in subsection (1), after “introductory tenancy”, insert “or a dwelling (in Wales) is let by such an authority on a weekly or other periodic tenancy which is not an occupation contract”
.
3
In section 27AB35 (management agreements with tenant management organisations)—
a
in subsection (7)(b)(ii), after “secure tenants”, insert “or tenants who are secure contract-holders”
;
b
in subsection (8), at the appropriate places, insert—
“contract-holder” has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 7 of that Act);
“secure contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 8 of that Act);
4
In section 27BA36 (consultation with respect to management), in subsection (8), after “secure tenants”, insert “or tenants who are secure contract-holders”
.
5
In section 3237 (power to dispose of land held for purposes of this Part)—
a
in subsection (2), for “subsection (3)”, substitute “subsections (3) and (3A)”
;
b
after subsection (3), insert—
3A
No consent is required for the letting of land (in Wales) under—
a
a secure contract,
b
a supported standard contract,
c
an introductory standard contract, or
d
a standard contract—
i
in relation to which the exception in section 11(2) of the Renting Homes (Wales) Act 2016 (anaw 1) applies (first exception to requirement that contract made by a community landlord is a secure contract), and
ii
which is within any of paragraphs 4 and 6 to 14 of Schedule 3 to that Act (occupation contracts made with or adopted by community landlords which may be standard contracts).
6
In section 4338 (consent required for certain disposals not within section 32)—
a
in subsection (1), for “appropriate national body”, substitute “Secretary of State”
;
b
after subsection (1), insert—
1A
The consent of the Welsh Ministers is required for the disposal by a local authority of a dwelling belonging to the authority which is subject to a tenancy which is a secure contract or is an introductory standard contract.
c
in this section, after “house”, in each place it occurs, insert “or dwelling”
;
d
in subsection (2)(b), after “houses”, insert “or dwellings”
.
7
In section 5639 (minor definitions), after subsection (1), insert—
1A
In this Part, the following terms have the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1)—
a
“contract-holder” (see section 7 (see also section 48) of that Act);
b
“dwelling” (see section 246 of that Act);
c
“introductory standard contract” (see section 16 of that Act);
d
“occupation contract” (see section 7 of that Act);
e
“secure contract” (see section 8 of that Act);
f
“standard contract” (see section 8 of that Act);
g
“supported standard contract” (see section 143 of that Act).
8
In section 5740 (index of defined expressions: Part 2), at the appropriate places in the Table, insert—
contract-holder
section 56
dwelling
section 56
introductory standard contract
section 56
occupation contract
section 56
secure contract
section 56
standard contract
section 56
supported standard contract
section 56
9
In section 79 (secure tenancies)—
a
in subsection (1), after “dwelling-house”, insert “in England”
, and
b
in subsection (3), after “dwelling-house”, insert “in England”
.
10
In section 84A41 (absolute ground for possession for anti-social behaviour)—
a
omit subsection (11),
b
in subsection (12), after “(10)” omit “or (11)”, and
c
in subsection (13)—
i
after “(10)” omit “or (11)”, and
ii
omit paragraph (b) and the “, or” which precedes it.
11
In section 85ZA42 (review of decision to seek possession on absolute ground for anti-social behaviour)—
a
omit subsection (8),
b
in subsection (9), for “subsections (7) and (8)”, substitute “subsection (7)”
, and
c
in subsection (10)(b), omit sub-paragraph (ii).
12
Omit section 8743 (persons qualified to succeed tenant: Wales).
13
In section 9244 (assignments by way of exchange)—
a
for subsection (1), substitute—
1
It is a term of every secure tenancy that the tenancy may, with the written consent of the landlord, assign the tenancy to—
a
another secure tenant who satisfies the condition in subsection (2),
b
an assured tenant who satisfies the conditions in subsection (2A), or
c
a tenant who is a secure contract-holder and who satisfies the conditions in subsection (2B).
b
after subsection (2A), insert—
2B
The conditions to be satisfied with respect to a tenant who is a secure contract-holder are that—
a
their landlord is a community landlord, and
b
they intend to transfer their secure contract to—
i
the secure tenant referred to in subsection (1),
ii
another secure tenant who satisfies the condition in subsection (2), or
iii
another secure contract-holder.
c
after subsection (6), insert—
7
In this section, the following terms have the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1)—
a
“community landlord” (see section 9 of that Act);
b
“contract-holder” (see section 7 (see also section 48) of that Act);
c
“secure contract” (see section 8 of that Act).
14
In section 10545 (consultation on matters of housing management)—
a
in subsection (1), after “secure tenants”, insert “or secure contract-holders”
;
b
in subsection (2)—
i
in paragraph (a), after “secure tenancies”, insert “or secure contracts”
;
ii
after “secure tenancy”, insert “or secure contract”
;
c
in subsection (6), in paragraph (b), after “secure tenancies”, insert “or secure contracts”
;
d
in subsection (7), after paragraph (b), insert—
c
secure contract-holders include prohibited conduct standard contract-holders;
d
secure contracts include prohibited conduct standard contracts.
15
In section 10646 (information about housing allocation)—
a
in subsection (1)(b), after “secure tenants”, insert “or secure contract-holders”
;
b
after “secure tenancies”, in each place it occurs, insert “or secure contracts”
.
16
In section 106A47 (consultation before disposal to private sector landlord), in subsection (2), after “disposal to which that Schedule applies”, insert “under paragraph 1(1) of that Schedule”
.
17
In section 116 (minor definitions)—
a
the existing provision becomes subsection (1);
b
after that subsection, insert—
2
In this Part, the following terms have the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1)—
a
“contract-holder” (see section 7 (see also section 48) of that Act);
b
“prohibited conduct standard contract” (see section 116 of that Act);
c
“secure contract” (see section 8 of that Act).
18
In section 11748 (index of defined expressions: Part 4), at the appropriate places in the Table, insert—
contract-holder
section 116
prohibited conduct standard contract
section 116
secure contract
section 116
19
In section 247 (changes of ownership or occupation of land to be notified to local housing authority)—
a
after subsection (5)(ca)49, insert—
cb
the grant of an occupation contract, or of a tenancy or licence which is not an occupation contract by reason only of the shared accommodation exception in paragraph 6 of Part 2 of Schedule 2 to the Renting Homes (Wales) Act 2016 (anaw 1) applying and the notice condition in paragraph 3(3) of Part 2 of that Schedule not being met;
b
after subsection (6), insert—
7
In this section, “occupation contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 7 of that Act).
20
In section 270 (demolition orders: recovery of possession of building to be demolished), in subsection (3)50 after “Rent Acts”, insert “, the Renting Homes (Wales) Act 2016 (anaw 1) or secondary legislation made under that Act”
.
21
In section 55351 (effect of repurchase on certain existing tenancies)—
a
in the section heading, at the end, insert “(England)”
;
b
in subsection (1), after “defective dwelling”, insert “in England”
.
22
After section 553, insert—
553AEffect of repurchase on certain existing tenancies (Wales)
1
Where an authority mentioned in section 80 (authorities satisfying the landlord condition for secure tenancy) acquire an interest in a defective dwelling in Wales in pursuance of Schedule 20 (repurchase) and—
a
the land in which the interest subsists is or includes a dwelling-house occupied as a separate dwelling, and
b
the interest of the person entitled to assistance by way of repurchase is, immediately before the completion of the authority’s acquisition, subject to a tenancy of the dwelling-house,
the tenancy shall not, on or after the acquisition, become a secure contract unless the conditions specified in subsection (2) are met.
2
The conditions are—
a
that the tenancy was a protected tenancy throughout the period beginning with the making of an application for assistance under this Part in respect of the defective dwelling and ending immediately before the authority’s acquisition, and
b
no notice was given in respect of the tenancy in accordance with any of the Cases 11 to 18 and 20 in Schedule 15 to the Rent Act 1977 (c. 42) (notice that possession might be recovered under that Case).
3
This section has effect notwithstanding any provision to the contrary in section 11 of the Renting Homes (Wales) Act 2016 (anaw 1).
23
In section 55452 (grant of tenancy to former owner-occupier)—
a
in subsection (2), after “a secure tenancy”, insert “or secure contract”
;
b
in subsection (2A)—
i
after “secure tenancy”, insert “or, where the dwelling-house is in Wales, a secure contract”
;
ii
in paragraph (a), after “secure tenant”, insert “or a secure contract-holder”
;
c
in subsection (3), at the end of paragraph (c), insert
, or
d
a secure contract.
24
In section 555 (grant of tenancy to former statutory tenant)—
a
in subsection (1), after “secure tenancy”, insert “or, where the dwelling-house is in Wales, a secure contract”
;
b
in subsection (3), after “secure tenancy”, insert “or secure contract”
;
c
after subsection (3), insert—
4
This section has effect notwithstanding any provision to the contrary in section 11 of the Renting Homes (Wales) Act 2016 (anaw 1).
25
In section 558 (interpretation of sections 553 to 557), after paragraph (c), insert—
d
references to the grant of a secure contract are to the grant of an occupation contract which would be a secure contract (within the meaning given by section 8 of the Renting Homes (Wales) Act 2016 (anaw 1)) assuming that the contract-holder under the contract occupies the dwelling as their only or principal home;
e
the following terms have the same meaning as in the Renting Homes (Wales) Act 2016—
i
“contract-holder” (see section 7 (see also section 48) of that Act);
ii
“occupation contract” (see section 7 of that Act).
26
In section 57753 (index of defined expressions: Part 16), in the Table, at the appropriate places in alphabetical order, insert—
contract-holder
section 558
occupation contract
section 558
secure contract
section 558
27
In section 61254 (exclusion of Rent Act protection), after “Rent Acts”, insert “, or the Renting Homes (Wales) Act 2016 (anaw 1)”
.
28
In Schedule 1 (tenancies which are not secure tenancies)—
a
in paragraph 455 (accommodation for homeless persons), omit “or Part 2 of the Housing (Wales) Act 2014 (homelessness)”;
b
in paragraph 4ZA56 (family intervention tenancies)—
i
omit sub-paragraph (10)(b) and the “and” which precedes it;
ii
omit sub-paragraph (11)(b) and the “and” which precedes it;
iii
in sub-paragraph (12), in the definition of “appropriate national authority”, omit paragraph (b) and the “and” which precedes it.
29
In Schedule 2 (grounds for possession of dwelling-houses let under secure tenancies), in Part 3 (grounds on which the court may order possession if it considers it reasonable and suitable alternative accommodation is available) omit Ground 1657.