Housing Act 1996

(5) Where an order for possession under subsection (1) or (4) above is made in relation to a dwelling-house let on a tenancy to which section 19A above applies, the order may not be made so as to take effect earlier than— (a) in the case of a tenancy which is not a replacement tenancy, six months after the beginning of the tenancy, and (b) in the case of a replacement tenancy, six months after the beginning of the original tenancy. (6) In subsection (5)(b) above, the reference to the original tenancy is— (a) where the replacement tenancy came into being on the coming to an end of a tenancy which was not a replacement tenancy, to the immediately preceding tenancy, and (b) where there have been successive replacement tenancies, to the tenancy immediately preceding the first in the succession of replacement tenancies. (7) For the purposes of this section, a replacement tenancy is a tenancy— (a) which comes into being on the coming to an end of an assured shorthold tenancy, and (b) under which, on its coming into being— (i) the landlord and tenant are the same as under the earlier tenancy as at its coming to an end, and (ii) the premises let are the same or substantially the same as those let under the earlier tenancy as at that time.

.

Applications for determination of rent: time limit.

100

• (1) Section 22 of the Housing Act 1988 (reference of excessive rents to rent assessment committee) shall be amended as follows.

• (2) In subsection (2) (circumstances in which no application under the section may be made) after paragraph (a) there shall be inserted—

(aa) the tenancy is one to which section 19A above applies and more than six months have elapsed since the beginning of the tenancy or, in the case of a replacement tenancy, since the beginning of the original tenancy; or

.

• (3) At the end there shall be inserted—

(6) In subsection (2)(aa) above, the references to the original tenancy and to a replacement tenancy shall be construed in accordance with subsections (6) and (7) respectively of section 21 above.

.

Grounds for possession

Mandatory possession for non-payment of rent: reduction in arrears required.

101

In Part I of Schedule 2 to the Housing Act 1988 (grounds on which court must order possession) in Ground 8 (rent unpaid for certain periods)—

• (a) in paragraph (a) (rent payable weekly or fortnightly) for “thirteen weeks”’ there shall be substituted “ eight weeks ”’, and

• (b) in paragraph (b) (rent payable monthly) for “three months”’ there shall be substituted “ two months ”’.

Recovery of possession where grant induced by false statement.

102

In Part II of Schedule 2 to the Housing Act 1988 (grounds on which court may order possession) there shall be inserted at the end—

The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by— (a) the tenant, or (b) a person acting at the tenant’s instigation.

Assured agricultural occupancies

Assured agricultural occupancies: exclusion of tenancies of agricultural holdings and farm business tenancies.

103

• (1) Section 24 of the Housing Act 1988 (assured agricultural occupancies) shall be amended as follows.

• (2) In subsection (2)(b) (under which a tenancy is an assured agricultural occupancy if it would be an assured tenancy, but for paragraph 7 of Schedule 1 to that Act) there shall be inserted at the end “ and is not an excepted tenancy ”.

• (3) After subsection (2) there shall be inserted—

(2A) For the purposes of subsection (2)(b) above, a tenancy is an excepted tenancy if it is— (a) a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 in relation to which that Act applies, or (b) a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995.

.

Consequential amendments

Consequential amendments: assured tenancies.

104

The enactments mentioned in Schedule 8 have effect with the amendments specified there which are consequential on the provisions of this Chapter.

Chapter III — Leasehold Reform

Scope of rights

Low rent test: nil rateable values.

105

• (1) In section 4(1) of the Leasehold Reform Act 1967 (meaning of “low rent”) —

• (a) in paragraph (i) (cases where rent limit of two-thirds of rateable value on later of appropriate day and first day of term applies), for the words from “or (where” to “that date” there shall be substituted “ , or on or after 1st April 1990 in pursuance of a contract made before that date, and the property had a rateable value other than nil at the date of the commencement of the tenancy or else at any time before 1st April 1990, ”,

• (b) in paragraph (ii) (other cases), for the words from “is entered” to “1990),” there shall be substituted “ does not fall within paragraph (i) above, ”, and

• (c) in paragraph (a) (definition of “appropriate day” by reference to section 25(3) of the Rent Act 1977), there shall be inserted at the end “ if the reference in paragraph (a) of that provision to a rateable value were to a rateable value other than nil ”.

• (2) In section 4A of the Leasehold Reform Act 1967 (alternative rent limits for the purposes of section 1A(2) of that Act)—

• (a) in subsection (1)(b) (cases where rent limit of two-thirds of rateable value on the relevant date applies), for sub-paragraph (ii) there shall be substituted—

(ii) the property had a rateable value other than nil at the date of commencement of the tenancy or else at any time before 1st April 1990,

, and

• (b) in subsection (2), for paragraph (b) there shall be substituted—

(b) “the relevant date” means the date of the commencement of the tenancy or, if the property did not have a rateable value, or had a rateable value of nil, on that date, the date on which it first had a rateable value other than nil;

.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Low rent test: extension of rights.

106

Schedule 9 (which makes provision for conferring an additional right to enfranchisement in relation to tenancies which fail the low rent test and for introducing an alternative to the low rent test in the case of the right to collective enfranchisement and the right to a new lease) shall have effect.

Collective enfranchisement: multiple freeholders.

107

• (1) In section 3 of the Leasehold Reform, Housing and Urban Development Act 1993 (premises in respect of which the right to collective enfranchisement is exercisable), in subsection (1)(a), the words “and the freehold of the whole of the building or of that part of the building is owned by the same person” shall be omitted.

• (2) In section 4 of that Act (premises excluded from the right to collective enfranchisement), after subsection (3) there shall be inserted—

(3A) Where different persons own the freehold of different parts of premises within subsection (1) of section 3, this Chapter does not apply to the premises if any of those parts is a self-contained part of a building for the purposes of that section.

.

• (3) In section 1(3) of that Act (additional property which may be acquired by tenants exercising the right to collective enfranchisement), the words “the freehold of it is owned by the person who owns the freehold of the relevant premises and” shall be omitted.

• (4) Schedule 10 (amendments consequential on this section) shall have effect.

Valuation

Collective enfranchisement: removal of need for professional valuation of interests to be acquired.

108

In section 13 of the Leasehold Reform, Housing and Urban Development Act 1993 (notice by qualifying tenants of claim to exercise right to collective enfranchisement) subsection (6) (tenants to obtain professional valuation of interests proposed to be acquired before giving notice) shall cease to have effect.

Collective enfranchisement: valuation principles.

109

• (1) Schedule 6 to the Leasehold Reform, Housing and Urban Development Act 1993 (purchase price payable by nominee purchaser) shall be amended as follows.

• (2) In paragraph 3(1) (freeholder’s interest to be valued on the basis that neither the nominee purchaser nor any participating tenant is in the market) for “neither the nominee purchaser nor any participating tenant” there shall be substituted “ no person who falls within sub-paragraph (1A) ”.

• (3) After paragraph 3(1) there shall be inserted—

(1A) A person falls within this sub-paragraph if he is— (a) the nominee purchaser, or (b) a tenant of premises contained in the specified premises, or (c) an owner of an interest which the nominee purchaser is to acquire in pursuance of section 2(1)(b).

.

• (4) In paragraph 7 (value of intermediate leasehold interests) after sub-paragraph (1) there shall be inserted—

(1A) In its application in accordance with sub-paragraph (1), paragraph 3(1A) shall have effect with the addition after paragraph (a) of— (“) an owner of a freehold interest in the specified premises, or”

.

• (5) In paragraph 11 (value of other interests) after sub-paragraph (3) there shall be inserted—

(4) In its application in accordance with sub-paragraph (2) above, paragraph 3(1A) shall have effect with the addition after paragraph (a) of— (“) an owner of a freehold interest in the specified premises, or”

.

New leases: valuation principles.

110

• (1) Schedule 13 to the Leasehold Reform, Housing and Urban Development Act 1993 (premium and other amounts payable by tenant on grant of new lease) shall be amended as mentioned in subsections (2) to (4) below.

• (2) In paragraph 3(2) (landlord’s interest to be valued on the basis that the tenant is not buying or seeking to buy) for “the tenant not” there shall be substituted “ neither the tenant nor any owner of an intermediate leasehold interest ”.

• (3) In paragraph 4(3) (calculation of marriage value) for paragraph (a) (value of tenant’s interest) there shall be substituted—

(a) the value of the interest of the tenant under his existing lease shall be determined in accordance with paragraph 4A; (aa) the value of the interest to be held by the tenant under the new lease shall be determined in accordance with paragraph 4B;

, and, in paragraph (b), for “that sub-paragraph” there shall be substituted “ sub-paragraph (2) ”.

• (4) After paragraph 4 there shall be inserted—

(4A) (1) Subject to the provisions of this paragraph, the value of the interest of the tenant under the existing lease is the amount which at the valuation date that interest might be expected to realise if sold on the open market by a willing seller (with neither the landlord nor any owner of an intermediate leasehold interest buying or seeking to buy) on the following assumptions— (a) on the assumption that the vendor is selling such interest as is held by the tenant subject to any interest inferior to the interest of the tenant; (b) on the assumption that Chapter I and this Chapter confer no right to acquire any interest in any premises containing the tenant’s flat or to acquire any new lease; (c) on the assumption that any increase in the value of the flat which is attributable to an improvement carried out at his own expense by the tenant or by any predecessor in title is to be disregarded; and (d) on the assumption that (subject to paragraph (b)) the vendor is selling with and subject to the rights and burdens with and subject to which any interest inferior to the existing lease of the tenant has effect. (2) It is hereby declared that the fact that sub-paragraph (1) requires assumptions to be made in relation to particular matters does not preclude the making of assumptions as to other matters where those assumptions are appropriate for determining the amount which at the valuation date the interest of the tenant under his existing lease might be expected to realise if sold as mentioned in that sub-paragraph. (3) In determining any such amount there shall be made such deduction (if any) in respect of any defect in title as on a sale of that interest on the open market might be expected to be allowed between a willing seller and a willing buyer. (4) Subject to sub-paragraph (5), the value of the interest of the tenant under his existing lease shall not be increased by reason of— (a) any transaction which— (i) is entered into after 19th January 1996, and (ii) involves the creation or transfer of an interest inferior to the tenant’s existing lease; or (b) any alteration after that date of the terms on which any such inferior interest is held. (5) Sub-paragraph (4) shall not apply to any transaction which falls within paragraph (a) of that sub-paragraph if— (a) the transaction is entered into in pursuance of a contract entered into on or before the date mentioned in that paragraph; and (b) the amount of the premium payable by the tenant in respect of the grant of the new lease was determined on or before that date either by agreement or by a leasehold valuation tribunal under this Chapter. (4B) (1) Subject to the provisions of this paragraph, the value of the interest to be held by the tenant under the new lease is the amount which at the valuation date that interest (assuming it to have been granted to him at that date) might be expected to realise if sold on the open market by a willing seller (with the owner of any interest superior to the interest of the tenant not buying or seeking to buy) on the following assumptions— (a) on the assumption that the vendor is selling such interest as is to be held by the tenant under the new lease subject to the inferior interests to which the tenant’s existing lease is subject at the valuation date; (b) on the assumption that Chapter I and this Chapter confer no right to acquire any interest in any premises containing the tenant’s flat or to acquire any new lease; (c) on the assumption that there is to be disregarded any increase in the value of the flat which would fall to be disregarded under paragraph (c) of sub-paragraph (1) of paragraph 4A in valuing in accordance with that sub-paragraph the interest of the tenant under his existing lease; and (d) on the assumption that (subject to paragraph (b)) the vendor is selling with and subject to the rights and burdens with and subject to which any interest inferior to the tenant’s existing lease at the valuation date then has effect. (2) It is hereby declared that the fact that sub-paragraph (1) requires assumptions to be made in relation to particular matters does not preclude the making of assumptions as to other matters where those assumptions are appropriate for determining the amount which at the valuation date the interest to be held by the tenant under the new lease might be expected to realise if sold as mentioned in that sub-paragraph. (3) In determining any such amount there shall be made such deduction (if any) in respect of any defect in title as on a sale of that interest on the open market might be expected to be allowed between a willing seller and a willing buyer. (4) Subject to sub-paragraph (5), the value of the interest to be held by the tenant under the new lease shall not be decreased by reason of— (a) any transaction which— (i) is entered into after 19th January 1996, and (ii) involves the creation or transfer of an interest inferior to the tenant’s existing lease; or (b) any alteration after that date of the terms on which any such inferior interest is held. (5) Sub-paragraph (4) shall not apply to any transaction which falls within paragraph (a) of that sub-paragraph if— (a) the transaction is entered into in pursuance of a contract entered into on or before the date mentioned in that paragraph; and (b) the amount of the premium payable by the tenant in respect of the grant of the new lease was determined on or before that date either by agreement or by a leasehold valuation tribunal under this Chapter.

.

• (5) This section applies in relation to any claim made after 19th January 1996 by the giving of notice under section 42 of the Act of 1993 unless the amount of the premium payable in pursuance of the claim has been determined, either by agreement or by a leasehold valuation tribunal under Chapter II of the Act of 1993, before the day on which this Act is passed.

Trusts

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

111

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

112

Powers of trustees.

113

After section 93 of the Leasehold Reform, Housing and Urban Development Act 1993 there shall be inserted—

(93A) (1) Where trustees are a qualifying tenant of a flat for the purposes of Chapter I or II, their powers under the instrument regulating the trusts shall include power to participate in the exercise of the right to collective enfranchisement under Chapter I or, as the case may be, to exercise the right to a new lease under Chapter II. (2) Subsection (1) shall not apply where the instrument regulating the trusts— (a) is made on or after the day on which section 113 of the Housing Act 1996 comes into force, and (b) contains an explicit direction to the contrary. (3) The powers conferred by subsection (1) shall be exercisable with the like consent or on the like direction (if any) as may be required for the exercise of the trustees’ powers (or ordinary powers) of investment. (4) The following purposes, namely— (a) those authorised for the application of capital money by section 73 of the Settled Land Act 1925, or by that section as applied by section 28 of the Law of Property Act 1925 in relation to trusts for sale, and (b) those authorised by section 71 of the Settled Land Act 1925, or by that section as so applied, as purposes for which moneys may be raised by mortgage, shall include the payment of any expenses incurred by a tenant for life or statutory owners or by trustees for sale, as the case may be, in or in connection with participation in the exercise of the right to collective enfranchisement under Chapter I or in or in connection with the exercise of the right to a new lease under Chapter II.

.

Miscellaneous

Minor amendment of section 1(1)(a) of Leasehold Reform Act 1967.

114

In section 1 of the Leasehold Reform Act 1967 (tenants entitled to enfranchisement or extension), in subsection (1)(a)—

• (a) in sub-paragraph (i), for the words from “or (where” to “that date,” there shall be substituted “ , or on or after 1st April 1990 in pursuance of a contract made before that date, and the house and premises had a rateable value at the date of commencement of the tenancy or else at any time before 1st April 1990, ”, and

• (b) in sub-paragraph (ii), for the words from “is entered” to “1990),” there shall be substituted “ does not fall within sub-paragraph (i) above, ”.

Power for leasehold valuation tribunal to determine amount of costs payable under Leasehold Reform Act 1967.

115

In section 21(1) of the Leasehold Reform Act 1967 (matters to be determined by leasehold valuation tribunal), after paragraph (b) there shall be inserted—

(ba) the amount of any costs payable under section 9(4) or 14(2);

.

Compensation for postponement of termination in connection with ineffective claims.

116

Schedule 11 (which makes, in relation to claims to enfranchisement or an extended lease under Part I of the Leasehold Reform Act 1967 and claims to collective enfranchisement or a new lease under Chapter I or II of Part I of the Leasehold Reform, Housing and Urban Development Act 1993, provision for compensation of the landlord where the claim has prolonged an existing tenancy, but is ineffective) shall have effect.

Priority of interests on grant of new lease.

117

After section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 there shall be inserted—

(58A) (1) Where a lease granted under section 56 takes effect subject to two or more interests to which the existing lease was subject immediately before its surrender, the interests shall have the same priority in relation to one another on the grant of the new lease as they had immediately before the surrender of the existing lease. (2) Subsection (1) is subject to agreement to the contrary. (3) Where a person who is entitled on the grant of a lease under section 56 to rights of occupation in relation to the flat comprised in that lease was entitled immediately before the surrender of the existing lease to rights of occupation in relation to the flat comprised in that lease, the rights to which he is entitled on the grant of the new lease shall be treated as a continuation of the rights to which he was entitled immediately before the surrender of the existing lease. (4) In this section— - “the existing lease”, in relation to a lease granted under section 56, means the lease surrendered on the grant of the new lease, and - “rights of occupation” has the same meaning as in the Matrimonial Homes Act 1983.

.

Estate management schemes in connection with enfranchisement by virtue of s. 106.

118

• (1) Chapter IV of Part I of the 1993 Act, except section 75(1), (estate management schemes in connection with enfranchisement by virtue of that Act) shall also have effect subject to the modifications mentioned in subsections (2) to (4) below.

• (2) In section 69(1) (definition of estate management schemes), for paragraphs (a) and (b) there shall be substituted—

(a) acquiring the landlord’s interest in their house and premises (“the house”) under Part I of the Leasehold Reform Act 1967 by virtue of the provisions of section 1AA of that Act (as inserted by paragraph 1 of Schedule 9 to the Housing Act 1996), or (b) acquiring the landlord’s interest in any premises (“the premises”) in accordance with Chapter I of this Part of this Act by virtue of the amendments of that Chapter made by paragraph 3 of Schedule 9 to the Housing Act 1996,

.

• (3) In section 70 (time limit for applications for approval), for “two years beginning with the date of the coming into force of this section” there shall be substituted “ two years beginning with the coming into force of section 118 of the Housing Act 1996 ”.

• (4) In section 74 (effect of application for approval on claim to acquire freehold), in subsection (1)—

• (a) in paragraph (b), in sub-paragraph (i), the words from “being” to the end shall be omitted, and

• (b) after that paragraph there shall be inserted

and (c) in the case of an application for the approval of a scheme as an estate management scheme, the scheme would extend to the house or premises if acquired in pursuance of the notice.

.

• (5) Section 94(6) to (8) of the 1993 Act (estate management schemes relating to Crown land) shall also have effect with the substitution for any reference to a provision of Chapter IV of Part I of that Act of a reference to that provision as it has effect by virtue of subsection (1) above.

• (6) In section 33 of the National Heritage Act 1983 (general functions of the Historic Buildings and Monuments Commission for England), after subsection (2B) there shall be inserted—

(2C) In subsection (2B), references to provisions of the Leasehold Reform, Housing and Urban Development Act 1993 include references to those provisions as they have effect by virtue of section 118(1) of the Housing Act 1996.

.

• (7) In section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (general duty as respects conservation area in exercise of planning functions), at the end there shall be inserted—

(3) In subsection (2), references to provisions of the Leasehold Reform, Housing and Urban Development Act 1993 include references to those provisions as they have effect by virtue of section 118(1) of the Housing Act 1996.

.

• (8) In this section, “the 1993 Act” means the Leasehold Reform, Housing and Urban Development Act 1993.

Leasehold valuation tribunals: pre-trial review.

119

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV — Universal Credit, Housing benefit and related matters

Payment of housing benefit to third parties.

120

• (1) In section 5 of the Social Security Administration Act 1992 (regulations about claims for and payments of benefit), after subsection (5) insert—

(6) As it has effect in relation to housing benefit subsection (1)(p) above authorises provision requiring the making of payments of benefit to another person, on behalf of the beneficiary, in such circumstances as may be prescribed.

.

• (2) The above amendment shall be deemed always to have had effect; and provision corresponding to that made by the amendment shall be deemed to have had effect at all material times in relation to corresponding earlier enactments.

Administration of housing benefit, &c.

121

Part VIII of the Social Security Administration Act 1992 (arrangements for housing benefit and council tax benefit and related subsidies) is amended in accordance with Schedule 12.

Functions of rent officers in connection with universal credit, housing benefit and rent allowance subsidy.

122

• (1) The Secretary of State may by order require rent officers to carry out such functions as may be specified in the order in connection with universal credit, housing benefit and rent allowance subsidy.

• (2) Without prejudice to the generality of subsection (1), an order under this section may contain provision—

• (a) enabling a prospective landlord to apply for a determination for the purposes of any application for housing benefit which may be made by a tenant of a dwelling which he proposes to let;

• (b) as to the payment of a fee by the landlord for that determination;

• (c) requiring the landlord to give a copy of the determination to the appropriate local authority; and

• (d) enabling the appropriate local authority to seek a redetermination when a claim for housing benefit or rent allowance subsidy is made.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In relation to rent allowance subsidy, the Secretary of State may by order under section 140B of the Social Security Administration Act 1992—

• (a) provide for any calculation under subsection (2) of that section to be made,

• (b) specify any additions and deductions as are referred to in subsection (4) or (5) of that section , and

• (c) exercise his discretion as to what is unreasonable for the purposes of subsection (5)(b) of that section,

by reference to determinations made by rent officers in exercise of functions conferred on them under this section.

• (5) The Secretary of State may by any such order as is mentioned in subsection (4) require a local authority in any prescribed case—

• (a) to apply to a rent officer for a determination to be made in pursuance of the functions conferred on them under this section, and

• (b) to do so within such time as may be specified in the order ....

• (6) An order under this section—

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

• (b) may make different provision for different cases or classes of case and for different areas; and

• (c) may contain such transitional, incidental and supplementary provisions as appear to the Secretary of State to be desirable.

• (7) In this section “housing benefit” and “rent allowance subsidy” have the same meaning as in Part VIII of the Social Security Administration Act 1992.

Consequential amendments: Part IV.

123

The enactments mentioned in Schedule 13 have effect with the amendments specified there which are consequential on the provisions of this Part.

Part V — Conduct of tenants

Chapter I — Introductory Tenancies : England

General provisions

Introductory tenancies.

124

• (1) A local housing authority or a housing action trust may elect to operate an introductory tenancy regime in England.

• (2) When such an election is in force, every periodic tenancy of a dwelling-house entered into or adopted by the authority or trust shall, if it would otherwise be a secure tenancy, be an introductory tenancy, unless immediately before the tenancy was entered into or adopted the tenant or, in the case of joint tenants, one or more of them was—

• (a) a secure tenant of the same or another dwelling-house, or

• (b) a tenant under a relevant assured tenancy, other than an assured shorthold tenancy, of the same or another dwelling-house.

• (2A) In subsection (2)(b) “relevant assured tenancy” means—

• (a) an assured tenancy in respect of social housing under which the landlord is a private registered provider of social housing, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and for these purposes “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008.

• (3) Subsection (2) does not apply to a tenancy entered into or adopted in pursuance of a contract made before the election was made.

• (4) For the purposes of this Chapter a periodic tenancy is adopted by a person if that person becomes the landlord under the tenancy, whether on a disposal or surrender of the interest of the former landlord.

• (5) An election under this section may be revoked at any time, without prejudice to the making of a further election.

Duration of introductory tenancy.

125

• (1) A tenancy remains an introductory tenancy until the end of the trial period, unless one of the events mentioned in subsection (5) occurs before the end of that period.

• (2) The “trial period” is the period of one year beginning with—

• (a) in the case of a tenancy which was entered into by a local housing authority or housing action trust—

• (i) the date on which the tenancy was entered into, or

• (ii) if later, the date on which a tenant was first entitled to possession under the tenancy; or

• (b) in the case of a tenancy which was adopted by a local housing authority or housing action trust, the date of adoption;

but this is subject to subsections (3) and (4) and to section 125A (extension of trial period by 6 months). .

• (3) Where the tenant under an introductory tenancy was formerly a tenant under another introductory tenancy, or a relevant assured shorthold tenancy , any period or periods during which he was such a tenant shall count towards the trial period, provided—

• (a) if there was one such period, it ended immediately before the date specified in subsection (2), and

• (b) if there was more than one such period, the most recent period ended immediately before that date and each period succeeded the other without interruption.

• (3A) In subsection (3) “relevant assured shorthold tenancy” means—

• (a) an assured shorthold tenancy in respect of social housing under which the landlord is a private registered provider of social housing, or

• (b) an assured shorthold tenancy under which the landlord is a registered social landlord;

and for these purposes “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008.

• (4) Where there are joint tenants under an introductory tenancy, the reference in subsection (3) to the tenant shall be construed as referring to the joint tenant in whose case the application of that subsection produces the earliest starting date for the trial period.

• (5) A tenancy ceases to be an introductory tenancy if, before the end of the trial period—

• (a) the circumstances are such that the tenancy would not otherwise be a secure tenancy,

• (b) a person or body other than a local housing authority or housing action trust becomes the landlord under the tenancy,

• (c) the election in force when the tenancy was entered into or adopted is revoked, or

• (d) the tenancy ceases to be an introductory tenancy by virtue of section 133(3) (succession).

• (6) A tenancy does not come to an end merely because it ceases to be an introductory tenancy, but a tenancy which has once ceased to be an introductory tenancy cannot subsequently become an introductory tenancy.

• (7) This section has effect subject to section 130 (effect of beginning proceedings for possession).

Extension of trial period by 6 months

125A

• (1) If both of the following conditions are met in relation to an introductory tenancy, the trial period is extended by 6 months.

• (2) The first condition is that the landlord has served a notice of extension on the tenant at least 8 weeks before the original expiry date.

• (3) The second condition is that either—

• (a) the tenant has not requested a review under section 125B in accordance with subsection (1) of that section, or

• (b) if he has, the decision on the review was to confirm the landlord’s decision to extend the trial period.

• (4) A notice of extension is a notice—

• (a) stating that the landlord has decided that the period for which the tenancy is to be an introductory tenancy should be extended by 6 months, and

• (b) complying with subsection (5).

• (5) A notice of extension must—

• (a) set out the reasons for the landlord’s decision, and

• (b) inform the tenant of his right to request a review of the landlord’s decision and of the time within which such a request must be made.

• (6) In this section and section 125B “the original expiry date” means the last day of the period of one year that would apply as the trial period apart from this section.

Review of decision to extend trial period

125B

• (1) A request for review of the landlord’s decision that the trial period for an introductory tenancy should be extended under section 125A must be made before the end of the period of 14 days beginning with the day on which the notice of extension is served.

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

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

Nothing in the following provisions affects the generality of this power.

• (4) Provision may be made by regulations—

• (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 he may be represented at such a hearing.

• (5) The landlord shall notify the tenant of the decision on the review.

If the decision is to confirm the original decision, the landlord shall also notify him of the reasons for the decision.

• (6) The review shall be carried out and the tenant notified before the original expiry date.

Licences.

126

• (1) The provisions of this Chapter 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.

• (2) Subsection (1) 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).

Proceedings for possession

Proceedings for possession.

127

• (1) The landlord may only bring an introductory tenancy to an end by obtaining —

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

• (b) the execution of the order.

• (1A) In such a case, the tenancy ends when the order is executed.

• (2) The court shall make an order of the kind mentioned in subsection (1)(a) unless the provisions of section 128 apply.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of proceedings for possession.

128

• (1) The court shall not entertain proceedings for the possession of a dwelling-house let under an introductory tenancy unless the landlord has served on the tenant a notice of proceedings complying with this section.

• (2) The notice shall state that the court will be asked to make an order for the possession of the dwelling-house.

• (3) The notice shall set out the reasons for the landlord’s decision to apply for such an order.

• (4) The notice shall specify a date after which proceedings for the possession of the dwelling-house may be begun.

The date so specified must not be earlier than the date on which the tenancy could, apart from this Chapter, be brought to an end by notice to quit given by the landlord on the same date as the notice of proceedings.

• (5) The court shall not entertain any proceedings for possession of the dwelling-house unless they are begun after the date specified in the notice of proceedings.

• (6) The notice shall inform the tenant of his right to request a review of the landlord’s decision to seek an order for possession and of the time within which such a request must be made.

• (7) The notice shall also inform the tenant that if he needs help or advice about the notice, and what to do about it, he should take it immediately to a Citizens’ Advice Bureau, a housing aid centre, a law centre or a solicitor.

Review of decision to seek possession.

129

• (1) A request for review of the landlord’s decision to seek an order for possession of a dwelling-house let under an introductory tenancy must be made before the end of the period of 14 days beginning with the day on which the notice of proceedings is served.

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

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

Nothing in the following provisions affects the generality of this power.

• (4) Provision may be made by regulations—

• (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 he may be represented at such a hearing.

• (5) The landlord shall notify the person concerned of the decision on the review.

If the decision is to confirm the original decision, the landlord shall also notify him of the reasons for the decision.

• (6) The review shall 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.

Effect of beginning proceedings for possession.

130

• (1) This section applies where the landlord has begun proceedings for the possession of a dwelling-house let under an introductory tenancy and—

• (a) the trial period ends, or

• (b) any of the events specified in section 125(5) occurs (events on which a tenancy ceases to be an introductory tenancy).

• (2) Subject to the following provisions, the tenancy remains an introductory tenancy until—

• (a) the tenancy comes to an end in accordance with section 127(1A) , or

• (b) the proceedings are otherwise finally determined.

• (3) If any of the events specified in section 125(5)(b) to (d) occurs, the tenancy shall thereupon cease to be an introductory tenancy but—

• (a) the landlord (or, as the case may be, the new landlord) may continue the proceedings, and

• (b) if he does so, section 127(1A) and (2) (termination by landlord) apply as if the tenancy had remained an introductory tenancy.

• (4) Where in accordance with subsection (3) a tenancy ceases to be an introductory tenancy and becomes a secure tenancy, the tenant is not entitled to exercise the right to buy under Part V of the Housing Act 1985 unless and until the proceedings are finally determined on terms such that he is not required to give up possession of the dwelling-house.

• (5) For the purposes of this section proceedings shall be treated as finally determined if they are withdrawn or any appeal is abandoned or the time for appealing expires without an appeal being brought.

Succession on death of tenant

Persons qualified to succeed tenant.

131

A person is qualified to succeed the tenant under an introductory tenancy 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 or 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 132.

Cases where the tenant is a successor.

132

• (1) The tenant is himself a successor if—

• (a) the tenancy vested in him by virtue of section 133 (succession to introductory tenancy),

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

• (c) he became the tenant on the tenancy being assigned to him (but subject to subsections (2) and (3)), or

• (d) he became the tenant on the tenancy being vested in him on the death of the previous tenant.

• (2) A tenant to whom the tenancy was assigned in pursuance of an order under section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings) or 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.

• (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) Where within six months of the coming to an end of an introductory tenancy (“the former tenancy”) the tenant becomes a tenant under another introductory 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.

Succession to introductory tenancy.

133

• (1) This section applies where a tenant under an introductory tenancy dies.

• (2) Where there is a person qualified to succeed the tenant, 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 or 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.

• (3) Where there is no person qualified to succeed the tenant, the tenancy ceases to be an introductory 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.), ...

• (iii) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents); 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.

Assignment

Assignment in general prohibited.

134

• (1) An introductory tenancy is not capable of being assigned except in the cases mentioned in subsection (2).

• (2) The exceptions are—

• (a) 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.), ...

• (iii) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents);, 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) an assignment to a person who would be qualified to succeed the tenant if the tenant died immediately before the assignment.

• (3) Subsection (1) also applies to a tenancy which is not an introductory tenancy but would be if the tenant, or where the tenancy is a joint tenancy, at least one of the tenants, were occupying or continuing to occupy the dwelling-house as his only or principal home.

Repairs

Right to carry out repairs.

135

The Secretary of State may by regulations under section 96 of the Housing Act 1985 (secure tenants: right to carry out repairs) apply to introductory tenants any provision made under that section in relation to secure tenants.

Provision of information and consultation

Provision of information about tenancies.

136

• (1) Every local housing authority or housing action trust which lets dwelling-houses under introductory tenancies shall from time to time publish information about its introductory 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 introductory tenancies,

• (b) the provisions of this Chapter, and

• (c) the provisions of sections 11 to 16 of the Landlord 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 an introductory tenancy shall supply the tenant with—

• (a) a copy of the information for introductory 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 on the grant of the tenancy or as soon as practicable afterwards.

Consultation on matters of housing management.

137

• (1) This section applies in relation to every local housing authority and housing action trust which lets dwelling-houses under introductory tenancies and which is a landlord authority for the purposes of Part IV of the Housing Act 1985 (secure tenancies).

• (2) The authority or trust shall maintain such arrangements as it considers appropriate to enable those of its introductory tenants who are likely to be substantially affected by a relevant matter of housing management—

• (a) to be informed of the proposals of the authority or trust in respect of the matter, and

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

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

• (3) A matter is one of housing management if, in the opinion of the authority or trust concerned, it relates to—

• (a) the management, improvement, maintenance or demolition of dwelling-houses let by the authority or trust under introductory or 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 an introductory or secure tenancy or to charges for services or facilities provided by the authority or trust.

• (4) A matter is relevant if, in the opinion of the authority or trust concerned, it represents—

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

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

and is likely substantially to affect either its introductory 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).

• (5) In the case of a local housing authority, the reference in subsection (3) 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.

• (6) The authority or trust 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 its 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.

Introductory tenancies that are to become flexible tenancies

Introductory tenancies that are to become flexible tenancies

137A

• (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.

Supplementary

Jurisdiction of county court.

138

• (1) The county court has jurisdiction to determine questions arising under this Chapter and to entertain proceedings brought under this Chapter and claims, for whatever amount, in connection with an introductory tenancy.

• (2) That jurisdiction includes jurisdiction to entertain proceedings as to whether a statement supplied in pursuance of section 136(2)(b) (written statement of certain terms of tenancy) is accurate notwithstanding that no other relief is sought than a declaration.

• (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.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “dwelling-house”.

139

• (1) For the purposes of this Chapter 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 Chapter as part of the dwelling-house unless the land is agricultural land which would not be treated as part of a dwelling-house for the purposes of Part IV of the Housing Act 1985 (see section 112(2) of that Act).

Members of a person’s family: Chapter I.

140

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

• (a) he is the spouse or civil partner of that person, or he and that person live together as if they were a married couple or civil partners, or

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

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

• (a) a relationship by marriage or 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, and

• (c) the stepchild of a person shall be treated as his child.

Consequential amendments: introductory tenancies.

141

• (1) The enactments mentioned in Schedule 14 have effect with the amendments specified there which are consequential on the provisions of this Chapter.

• (2) The Secretary of State may by order make such other amendments or repeals of any enactment as appear to him necessary or expedient in consequence of the provisions of this Chapter.

• (3) Without prejudice to the generality of subsection (2), an order under that subsection may make such provision in relation to an enactment as the Secretary of State considers appropriate as regards its application (with or without modifications) or non-application in relation to introductory tenants or introductory tenancies.

Regulations and orders.

142

Any regulations or order under this Part—

• (a) may contain such incidental, supplementary or transitional provisions, or savings, as the Secretary of State thinks fit, and

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

Index of defined expressions: introductory tenancies.

143

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

Chapter 1A

General provisions

Demoted tenancies

143A

• (1) This section applies to a periodic tenancy of a dwelling-house in England if each of the following conditions is satisfied.

• (2) The first condition is that the landlord is either a local housing authority or a housing action trust.

• (3) The second condition is that the tenant condition in section 81 of the Housing Act 1985 is satisfied.

• (4) The third condition is that the tenancy is created by virtue of a demotion order under section 82A of that Act.

• (5) In this Chapter—

• (a) a tenancy to which this section applies is referred to as a demoted tenancy;

• (b) references to demoted tenants must be construed accordingly.

Duration of demoted tenancy

143B

• (1) A demoted tenancy becomes a secure tenancy at the end of the period of one year (the demotion period) starting with the day the demotion order takes effect; but this is subject to subsections (2) to (5).

• (2) A tenancy ceases to be a demoted tenancy if any of the following paragraphs applies—

• (a) either of the first or second conditions in section 143A ceases to be satisfied;

• (b) the demotion order is quashed;

• (c) the tenant dies and no one is entitled to succeed to the tenancy.

• (3) If at any time before the end of the demotion period the landlord serves a notice of proceedings for possession of the dwelling-house subsection (4) applies.

• (4) The tenancy continues as a demoted tenancy until the end of the demotion period or (if later) until any of the following occurs—

• (a) the notice of proceedings is withdrawn by the landlord;

• (b) the proceedings are determined in favour of the tenant;

• (c) the period of 6 months beginning with the date on which the notice is served ends and no proceedings for possession have been brought.

• (5) A tenancy does not come to an end merely because it ceases to be a demoted tenancy.

Change of landlord

143C

• (1) A tenancy continues to be a demoted tenancy for the duration of the demotion period if—

• (a) at the time the demoted tenancy is created the interest of the landlord belongs to a local housing authority or a housing action trust, and

• (b) during the demotion period the interest of the landlord transfers to another person who is a local housing authority or a housing action trust.

• (2) Subsections (3) and (4) apply if—

• (a) at the time the demoted tenancy is created the interest of the landlord belongs to a local housing authority or a housing action trust, and

• (b) during the demotion period the interest of the landlord transfers to a person who is not such a body.

• (3) If the new landlord is a private registered provider of social housing, a registered social landlord or a person who does not satisfy the landlord condition the tenancy becomes an assured shorthold tenancy.

• (4) If the new landlord—

• (a) is neither a private registered provider of social housing nor a registered social landlord, and

• (b) satisfies the landlord condition,

the tenancy becomes a secure tenancy.

• (5) The landlord condition must be construed in accordance with section 80 of the Housing Act 1985.

Proceedings for possession

Proceedings for possession

143D

• (1) The landlord may only bring a demoted tenancy to an end by obtaining —

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

• (b) the execution of the order.

• (1A) In such a case, the tenancy ends when the order is executed.

• (2) The court must make an order for possession unless it thinks that the procedure under sections 143E and 143F has not been followed.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of proceedings for possession

143E

• (1) Proceedings for possession of a dwelling-house let under a demoted tenancy must not be brought unless the landlord has served on the tenant a notice of proceedings under this section.

• (2) The notice must—

• (a) state that the court will be asked to make an order for the possession of the dwelling-house;

• (b) set out the reasons for the landlord’s decision to apply for the order;

• (c) specify the date after which proceedings for the possession of the dwelling-house may be begun;

• (d) inform the tenant of his right to request a review of the landlord’s decision and of the time within which the request must be made.

• (3) The date specified under subsection (2)(c) must not be earlier than the date on which the tenancy could (apart from this Chapter) be brought to an end by notice to quit given by the landlord on the same date as the notice of proceedings.

• (4) The court must not entertain proceedings begun on or before the date specified under subsection (2)(c).

• (5) The notice must also inform the tenant that if he needs help or advice—

• (a) about the notice, or

• (b) about what to do about the notice,

he must take the notice immediately to a Citizen’s Advice Bureau, a housing aid centre, a law centre or a solicitor.

• (6) In this section—

• “relevant notice period” means—where the landlord has specified in the notice of proceedings an ASB reason for applying for a possession order (whether or not the landlord has any other reason), four weeks,where paragraph (a) does not apply and the landlord has specified in the notice of proceedings a reason for applying for a possession order which corresponds to Ground 5 of Schedule 2 to the Housing Act 1985 (whether or not the landlord has any other reason), four weekswhere paragraphs (a) and (aa) do not apply and the landlord has specified in the notice of proceedings only a reason for applying for a possession order which corresponds to Ground 1 of Schedule 2 to the Housing Act 1985 and at the time the notice is served — at least four months’ rent is unpaid, four weeks,less than four months’ rent is unpaid, and the notice is served on or after 1 August 2021, two months, andin any other case, four months;

• “ASB reason” means, in relation to a dwelling-house in England, a reason which corresponds to any of those set out in section 84A(3) to (7) of the Housing Act 1985 or Grounds 2, 2ZA and 2A of Schedule 2 to that Act and, in relation to a dwelling-house in Wales, a reason which corresponds to any of those set out in section 84A(3) to (7) of the Housing Act 1985 or Grounds 2 and 2A of Schedule 2 to that Act.

Review of decision to seek possession

143F

• (1) Before the end of the period of 14 days beginning with the date of service of a notice for possession of a dwelling-house let under a demoted tenancy the tenant may request the landlord to review its decision to seek an order for possession.

• (2) If a request is made in accordance with subsection (1) the landlord must review the decision.

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

• (4) The regulations may include provision—

• (a) requiring the decision on review to be made by a person of appropriate seniority who was not involved in the original decision;

• (b) as to the circumstances in which the tenant is entitled to an oral hearing, and whether and by whom he may be represented at the hearing.

• (5) The landlord must notify the tenant—

• (a) of the decision on the review;

• (b) of the reasons for the decision.

• (6) The review must be carried out and notice given under subsection (5) before the date specified in the notice of proceedings as the date after which proceedings for possession of the dwelling-house may be begun.

Effect of proceedings for possession

143G

• (1) This section applies if the landlord has begun proceedings for the possession of a dwelling-house let under a demoted tenancy and—

• (a) the demotion period ends, or

• (b) any of paragraphs (a) to (c) of section 143B(2) applies (circumstances in which a tenancy ceases to be a demoted tenancy).

• (2) If any of paragraphs (a) to (c) of section 143B(2) applies the tenancy ceases to be a demoted tenancy but the landlord (or the new landlord as the case may be) may continue the proceedings.

• (3) Subsection (4) applies if in accordance with subsection (2) a tenancy ceases to be a demoted tenancy and becomes a secure tenancy.

• (4) The tenant is not entitled to exercise the right to buy unless—

• (a) the proceedings are finally determined, and

• (b) he is not required to give up possession of the dwelling-house.

• (5) The proceedings must be treated as finally determined if—

• (a) they are withdrawn;

• (b) any appeal is abandoned;

• (c) the time for appealing expires without an appeal being brought.

Succession

Succession to demoted tenancy

143H

• (1) This section applies if the tenant under a demoted tenancy dies.

• (2) If the tenant was a successor, the tenancy—

• (a) ceases to be a demoted tenancy, but

• (b) does not become a secure tenancy.

• (3) In any other case a person is qualified to succeed the tenant if—

• (a) he occupies the dwelling-house as his only or principal home at the time of the tenant’s death,

• (b) he is a member of the tenant’s family, and

• (c) he has resided with the tenant throughout the period of 12 months ending with the tenant’s death.

• (4) If only one person is qualified to succeed under subsection (3) the tenancy vests in him by virtue of this section.

• (5) If there is more than one such person the tenancy vests by virtue of this section in the person preferred in accordance with the following rules—

• (a) the tenant’s spouse or civil partner or (if the tenant has neither spouse nor civil partner) the person mentioned in section 143P(1)(b) is to be preferred to another member of the tenant’s family;

• (b) if there are two or more other members of the tenant’s family the person preferred may be agreed between them or (if there is no such agreement) selected by the landlord.

No successor tenant: termination

143I

• (1) This section applies if the demoted tenant dies and no person is qualified to succeed to the tenancy as mentioned in section 143H(3).

• (2) The tenancy ceases to be a demoted tenancy if either subsection (3) or (4) applies.

• (3) This subsection applies if the tenancy 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 under—

• (a) section 23A or 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings);

• (b) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, etc);

• (c) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents).

• (d) 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.).

• (4) This subsection applies if it is known that when the tenancy is vested or otherwise disposed of in the course of the administration of the tenant’s estate it will not be in pursuance of an order mentioned in subsection (3).

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

Successor tenants

143J

• (1) This section applies for the purpose of sections 143H and 143I.

• (2) A person is a successor to a secure tenancy which is terminated by a demotion order if any of subsections (3) to (6) applies to him.

• (3) The tenancy vested in him—

• (a) by virtue of section 89 of the Housing Act 1985 or section 133 of this Act;

• (b) under the will or intestacy of the preceding tenant.

• (4) The tenancy arose by virtue of section 86 of the Housing Act 1985 and the original fixed term was granted—

• (a) to another person, or

• (b) to him jointly with another person.

• (5) He became the tenant on the tenancy being assigned to him unless—

• (a) the tenancy was assigned—

• (i) in proceedings under section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings) or section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, etc.), or

• (ii) in proceedings 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.),

• (b) where the tenancy was assigned as mentioned in paragraph (a)(i), neither he nor the other party to the marriage was a successor, and

• (c) where the tenancy was assigned as mentioned in paragraph (a)(ii), neither he nor the other civil partner was a successor.

• (6) He became the tenant on assignment under section 92 of the Housing Act 1985 if he himself was a successor to the tenancy which he assigned in exchange.

• (7) A person is the successor to a demoted tenancy if the tenancy vested in him by virtue of section 143H(4) or (5).

• (8) A person is the successor to a joint tenancy if he has become the sole tenant.

Assignment

Restriction on assignment

143K

• (1) A demoted tenancy is not capable of being assigned except as mentioned in subsection (2).

• (2) The exceptions are assignment in pursuance of an order made under—

• (a) section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings);

• (b) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, etc.);

• (c) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents).

• (d) 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.).

Repairs

Right to carry out repairs

143L

The Secretary of State may by regulations under section 96 of the Housing Act 1985 (secure tenants: right to carry out repairs) apply to demoted tenants any provision made under that section in relation to secure tenants.

Provision of information

Provision of information

143M

• (1) This section applies to a local housing authority or a housing action trust if it is the landlord of a demoted tenancy.

• (2) The landlord must from time to time publish information about the demoted tenancy in such form as it thinks best suited to explain in simple terms and so far as it considers appropriate the effect of—

• (a) the express terms of the demoted tenancy;

• (b) the provisions of this Chapter;

• (c) the provisions of sections 11 to 16 of the Landlord and Tenant Act 1985 (landlord’s repairing obligations).

• (3) The landlord must ensure that information published under subsection (2) is, so far as is reasonably practicable, kept up to date.

• (4) The landlord must supply the tenant with—

• (a) a copy of the information published under subsection (2);

• (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.

• (5) The statement required by subsection (4)(b) must be supplied on the grant of the tenancy or as soon as practicable afterwards.

Demoted tenancies that are to become flexible tenancies

Demoted tenancies that are to become flexible tenancies

143MA

• (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.

Supplementary

Jurisdiction of county court

143N

• (1) The county court has jurisdiction—

• (a) to determine questions arising under this Chapter;

• (b) to entertain proceedings brought under this Chapter;

• (c) to determine claims (for whatever amount) in connection with a demoted tenancy.

• (2) The jurisdiction includes jurisdiction to entertain proceedings as to whether a statement supplied in pursuance of section 143M(4)(b) (written statement of certain terms of tenancy) is accurate.

• (3) For the purposes of subsection (2) it is immaterial that no relief other than a declaration is sought.

• (4) 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.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of dwelling house

143O

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

• (2) Land let together with a dwelling-house must be treated for the purposes of this Chapter as part of the dwelling-house unless the land is agricultural land which would not be treated as part of a dwelling-house for the purposes of Part 4 of the Housing Act 1985.

Members of a person’s family

143P

• (1) For the purposes of this Chapter a person is a member of another’s family if—

• (a) he is the spouse or civil partner of that person;

• (b) he and that person live together as a couple in an enduring family relationship, but he does not fall within paragraph (c);

• (c) he is that person’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.

• (2) For the purposes of subsection (1)(b) it is immaterial that two persons living together in an enduring family relationship are of the same sex.

• (3) For the purposes of subsection (1)(c)—

• (a) a relationship by marriage or civil partnership must be treated as a relationship by blood;

• (b) a relationship of the half-blood must be treated as a relationship of the whole blood;

• (c) a stepchild of a person must be treated as his child.

Chapter II — Repossession, &c.: Secure and Assured Tenancies

Secure tenancies

Extension of ground of nuisance or annoyance to neighbours, &c.

144

For Ground 2 in Schedule 2 to the Housing Act 1985 (nuisance or annoyance to neighbours, &c.) substitute—

The tenant or a person residing in or visiting the dwelling-house— (a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, or (b) has been convicted of— (i) using the dwelling-house or allowing it to be used for immoral or illegal purposes, or (ii) an arrestable offence committed in, or in the locality of, the dwelling-house.

.

New ground of domestic violence: secure tenancies.

145

After Ground 2 in Schedule 2 to the Housing Act 1985 (as substituted by section 144) insert—

The dwelling-house was occupied (whether alone or with others) by a married couple or a couple living together as husband and wife and— (a) one or both of the partners is a tenant of the dwelling-house, (b) one partner has left because of violence or threats of violence by the other towards— (i) that partner, or (ii) a member of the family of that partner who was residing with that partner immediately before the partner left, and (c) the court is satisfied that the partner who has left is unlikely to return.

.

Extension of ground that grant of tenancy induced by false statement.

146

In Ground 5 in Schedule 2 to the Housing Act 1985 (grant of tenancy induced by false statement) for “by the tenant” substitute

by— (a) the tenant, or (b) a person acting at the tenant’s instigation

.

Proceedings for possession or termination.

147

• (1) For section 83 of the Housing Act 1985 (notice of proceedings for possession or termination) substitute—

(83) (1) The court shall not entertain proceedings for the possession of a dwelling-house let under a secure tenancy or proceedings for the termination of a secure tenancy 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. (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 an order for the possession of the dwelling-house or for the termination of the tenancy, and (c) give particulars of that ground. (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) Where the tenancy is a periodic tenancy 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. (5) The date specified in accordance with subsection (3) or (4) 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 subsections (3) to (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. (83A) (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 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 subsection (4)(a) of that section, 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 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 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 the notice under section 83, 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.

.

• (2) In section 84 of that Act (grounds and orders for possession), for subsection (3) substitute—

(3) Where a notice under section 83 has been served on the tenant, the court shall not make such an order on any of those grounds above 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.

.

• (3) In Schedule 2 to that Act, in Ground 16, after “notice of the proceedings for possession was served under section 83” insert “ (or, where no such notice was served, the proceedings for possession were begun) ”.

Assured tenancies

Extension of ground of nuisance or annoyance to adjoining occupiers &c.

148

For Ground 14 in Schedule 2 to the Housing Act 1988 (nuisance or annoyance to adjoining occupiers etc.) substitute—

The tenant or a person residing in or visiting the dwelling-house— (a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, or (b) has been convicted of— (i) using the dwelling-house or allowing it to be used for immoral or illegal purposes, or (ii) an arrestable offence committed in, or in the locality of, the dwelling-house.

.

New ground of domestic violence: assured tenancies.

149

After Ground 14 in Schedule 2 to the Housing Act 1988 (as substituted by section 148) insert—

The dwelling-house was occupied (whether alone or with others) by a married couple or a couple living together as husband and wife and— (a) one or both of the partners is a tenant of the dwelling-house, (b) the landlord who is seeking possession is a registered social landlord or a charitable housing trust, (c) one partner has left the dwelling-house because of violence or threats of violence by the other towards— (i) that partner, or (ii) a member of the family of that partner who was residing with that partner immediately before the partner left, and (d) the court is satisfied that the partner who has left is unlikely to return. For the purposes of this ground “registered social landlord” and “member of the family” have the same meaning as in Part I of the Housing Act 1996 and “charitable housing trust” means a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity within the meaning of the Charities Act 1993.

.

Additional notice requirements: domestic violence.

150

After section 8 of the Housing Act 1988 insert—

(8A) (1) Where the ground specified in a notice under section 8 (whether with or without other grounds) is Ground 14A in Schedule 2 to this Act and 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 possession of the dwelling-house unless— (a) the landlord or, in the case of joint landlords, at least one of them has served on the partner who has left a copy of the notice or has taken all reasonable steps to serve a copy of the notice on that partner, or (b) the court considers it just and equitable to dispense with such requirements as to service. (2) Where Ground 14A in Schedule 2 to this Act is added to a notice under section 8 with the leave of the court after proceedings for possession are begun and 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— (a) the landlord or, in the case of joint landlords, at least one of them has served a notice under subsection (3) below on the partner who has left or has taken all reasonable steps to serve such a notice on that partner, or (b) the court considers it just and equitable to dispense with the requirement of such a notice. (3) 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.

.

Early commencement of certain proceedings for possession.

151

• (1) Section 8 of the Housing Act 1988 (notice of proceedings for possession) is amended as follows.

• (2) In subsection (1)(a) for the words “subsections (3) and (4)” substitute “ subsections (3) to (4B) ”.

• (3) In subsection (3)(b) for the words from “which,” to “of the notice” substitute “ in accordance with subsections (4) to (4B) below ”.

• (4) For subsection (4) substitute—