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Housing and Planning Act 2016

Type Public General Act

Publication 2016-05-12

Last updated 2026-03-11

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(c) in subsection (4), after “subsection (1)” there were inserted “ or, in the case of an application under subsection (2AA), as to the ground mentioned in that subsection ”, and

(d) after subsection (7) there were inserted—

(7A) In this section “in housing administration” and “objectives of the housing administration” are to be read in accordance with Schedule B1 to this Act, as applied by Part 1 of Schedule 5 to the Housing and Planning Act 2016.

44

In section 129(1A) (commencement of winding up), the reference to paragraph 13(1)(e) of Schedule B1 is to include section 100(1)(e) of this Act.

Power to make further modifications

45

(1) The Secretary of State may by regulations amend this Part of this Schedule so as to add further modifications.

(2) The further modifications that may be made are confined to such modifications of—

(a) the Insolvency Act 1986, or

(b) other legislation passed or made before this Act that relate to insolvency or make provision by reference to anything that is or may be done under the Insolvency Act 1986,

as the Secretary of State considers appropriate in relation to any provision made by or under this Chapter.

Interpretation of Part 3 of Schedule

46

In this Part of this Schedule—

“administration order”, “administrator”, “enters administration” and “in administration” are to be read in accordance with Schedule B1 to the Insolvency Act 1986 (disregarding Part 1 of this Schedule), and

“enters housing administration” and “in housing administration” are to be read in accordance with Schedule B1 to the Insolvency Act 1986 (as applied by Part 1 of this Schedule).

SCHEDULE 6

1

The Housing and Regeneration Act 2008 is amended as follows.

2

Omit section 144 (insolvency: preparatory steps notice).

3

For section 145 substitute—

(145) A moratorium on the disposal of land by a private registered provider begins if a notice is given to the regulator under any of the following provisions of the Housing and Planning Act 2016— (a) section 104(2)(a) (notice of winding up petition); (b) section 105(4)(a) (notice of application for permission to pass a resolution for voluntary winding up); (c) section 106(3)(a) (notice of ordinary administration application); (d) section 107(4)(a) (notice of appointment of ordinary administrator); (e) section 108(2)(a) (notice of intention to enforce security).

4

(1) Section 146 (duration of moratorium) is amended as follows.

(2) For subsections (1) and (2) substitute—

(1) The moratorium begins when the notice mentioned in section 145 is given. (2) The moratorium ends when one of the following occurs— (a) the expiry of the relevant period, (b) the making of a housing administration order under Chapter 5 of Part 4 of the Housing and Planning Act 2016 in relation to the registered provider, or (c) the cancellation of the moratorium (see subsection (5)). (2A) The “relevant period” is— (a) the period of 28 days beginning with the day on which the notice mentioned in section 145 is given, plus (b) any period by which that period is extended under subsection (3).

(3) Omit subsection (6).

(4) For subsection (9) substitute—

(9) If a notice mentioned in section 145 is given during a moratorium, that does not— (a) start a new moratorium, or (b) alter the existing moratorium's duration.

5

(1) Section 147 (further moratorium) is amended as follows.

(2) In subsection (1)(b), for “step specified in section 145 is taken” substitute “ notice mentioned in section 145 is given ”.

(3) In subsection (2), for “step” substitute “ notice ”.

6

In section 154 (proposals: effect), in subsection (2), after paragraph (a) insert—

(aa) in the case of a charitable incorporated organisation, its charity trustees (as defined by section 177 of the Charities Act 2011),

7

Omit section 162 (consent to company winding up).

8

Omit section 164 (consent to registered society winding up).

9

In section 275 (general interpretation), omit the definition of “working day”.

10

In section 276 (index of defined terms), omit the entry relating to “working day”.

SCHEDULE 7

Law of Property Act 1925 (c. 20)

1

(1) Section 52 of the Law of Property Act 1925 (conveyances to be by deed, unless excepted by subsection (2) of that section) is amended as follows.

(2) In subsection (2), after paragraph (db) insert—

(dc) secure tenancies of dwellings in England granted on or after the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 comes fully into force, other than old-style secure tenancies;”; (dd) introductory tenancies of dwellings in England granted on or after the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 comes fully into force;

(3) In subsection (3)—

(a) in the definition of “flexible tenancy”, for “107A” substitute “ 115B ”;

(b) at the appropriate places insert—

“introductory tenancy” has the same meaning as in Chapter 1 of Part 5 of the Housing Act 1996;

;

“secure tenancy” has the meaning given by section 79 of the Housing Act 1985 and “old-style secure tenancy” has the meaning given by section 115C of that Act;

Housing Act 1985 (c. 68)

2

The Housing Act 1985 is amended as follows.

3

For the italic heading before section 79 substitute— “ Secure tenancies ”.

4

After section 81 insert—

(81A) (1) A person may grant a secure tenancy of a dwelling-house in England only if it is a tenancy for a fixed term that is— (a) at least 2 years, and (b) no longer than the permitted maximum length. (2) The permitted maximum length is 10 years, unless subsection (3) applies. (3) If the person granting the tenancy has been notified in writing that a child aged under 9 will live in the dwelling-house, the permitted maximum length is the period— (a) beginning with the day on which the tenancy is granted, and (b) ending with the day on which the child will reach the age of 19. (4) If a person purports to grant a secure tenancy in breach of subsection (1), it takes effect as a tenancy for a fixed term of 5 years. (5) In deciding what length of tenancy to grant in a case to which this section applies a person must have regard to any guidance given by the Secretary of State. (6) This section does not apply to the grant of an old-style secure tenancy (as to which, see section 81B). (81B) (1) A person may grant an old-style secure tenancy of a dwelling-house in England only— (a) in circumstances specified in regulations made by the Secretary of State, (b) in accordance with subsection (2), or (c) if required to do so by section 158(9B) of the Localism Act 2011 (which relates to transfer requests made before section 121 of the Housing and Planning Act 2016 comes into force). (2) A local housing authority that grants a secure tenancy of a dwelling-house in England must grant an old-style secure tenancy if— (a) the tenancy is offered as a replacement for an old-style secure tenancy of some other dwelling-house, and (b) the tenant has not made an application to move. (3) Other provisions of this Part set out the consequences of a tenancy being an old-style secure tenancy. (4) Regulations under subsection (1) may include transitional or saving provision. (5) Regulations under subsection (1) are to be made by statutory instrument. (6) A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (81C) (1) This section applies where a change in circumstances means that a tenancy that is not a secure tenancy would become a secure tenancy but for the exception in paragraph 1ZA of Schedule 1. (2) The landlord must, within the period of 28 days, make the tenant a written offer of a secure tenancy in return for the tenant surrendering the original tenancy. (3) If the tenant accepts in writing within the period of 28 days beginning with the day on which the tenant receives the offer, the landlord must grant the secure tenancy on the tenant surrendering the original tenancy. (81D) (1) A person who is offered a secure tenancy of a dwelling-house in England (under section 81C or otherwise) may request a review under this section, unless the tenancy on offer is an old-style secure tenancy. (2) The sole purpose of a review under this section is to consider whether the length of the tenancy is in accordance with any policy that the prospective landlord has about the length of secure tenancies it grants. (3) The request must be made before the end of— (a) the period of 21 days beginning with the day on which the person making the request first receives the offer, or (b) such longer period as the prospective landlord may allow in writing. (4) On receiving the request the prospective landlord must carry out the review. (5) On completing the review the prospective landlord must — (a) notify the tenant in writing of the outcome, (b) revise its offer or confirm its original decision about the length of the tenancy, and (c) if it decides to confirm its original decision, give reasons. (6) The Secretary of State may by regulations make provision about the procedure to be followed in connection with a review under this section. (7) The regulations may, in particular— (a) require the review to be carried out by a person of appropriate seniority who was not involved in the original decision; (b) make provision as to the circumstances in which the person who requested the review is entitled to an oral hearing, and whether and by whom that person may be represented. (8) Regulations under this section may include transitional or saving provision. (9) Regulations under this section are to be made by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.

5

In section 82 (security of tenure), in subsection (3), for the words from “section 86” to the end substitute “ section 86 or 86D shall apply ”.

6

After section 82 insert— “ Orders for possession and expiry of term etc ”.

7

(1) Section 82A (demoted tenancy) is amended as follows.

(2) After subsection (4) insert—

(4A) The court may not make a demotion order in relation to a secure tenancy of a dwelling-house in England if— (a) the landlord is a local housing authority or housing action trust, and (b) the term has less than 1 year and 9 months left to run (4B) But subsection (4A) does not apply to a tenancy to which an exception in section 86A(2) or (3) applies.

(3) In subsection (5), for paragraph (b) substitute—

(b) the period or term of the tenancy (but see subsection (6));

(4) For subsection (6) substitute—

(6) Subsection (5)(b) does not apply if— (a) the secure tenancy was for a fixed term and was an old-style secure tenancy or a flexible tenancy, or (b) the secure tenancy was for a fixed term and was a tenancy of a dwelling-house in Wales, and in such a case the demoted tenancy is a weekly periodic tenancy.

8

In section 83 (proceedings for possession or termination: general notice requirements), in subsection (A1), for paragraph (b) substitute—

(b) proceedings for possession of a dwelling-house under section 86E (recovery of possession on expiry of certain English secure tenancies).

9

In section 84 (grounds and orders for possession), in subsection (1), for “section 107D (recovery of possession on expiry of flexible tenancy)” substitute “ section 86E (recovery of possession on expiry of certain English secure tenancies) ”.

10

(1) Section 86 (periodic tenancy arising on termination of fixed term) is amended as follows.

(2) In subsection (1), after “secure tenancy” insert “ to which this section applies ”.

(3) After subsection (1) insert—

(1A) This section applies to a secure tenancy of a dwelling-house in Wales. (1B) This section also applies to a secure tenancy of a dwelling-house in England that is— (a) an old-style secure tenancy, or (b) a flexible tenancy the term of which ends within the period of 9 months beginning with the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 comes fully into force, unless it is a tenancy excluded by subsection (1C).

(4) In subsection (2), for “this section” substitute “ subsection (1) ”.

11

After section 86 insert—

(86A) (1) The landlord under a fixed term secure tenancy of a dwelling-house in England must carry out a review to decide what to do at the end of the term, unless one of the following exceptions applies. (2) Exception 1 is where the tenancy is an old-style secure tenancy. (3) Exception 2 is where the tenancy is a flexible tenancy the term of which ends within the period of 9 months beginning with the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 comes fully into force. (4) A review under this section must be carried out while the term has 6 to 9 months left to run. (5) On a review under this section the landlord must decide which of the following options to take.

Option 1:	offer to grant a new secure tenancy of the dwelling-house at the end of the current tenancy.
Option 2:	seek possession of the dwelling house at the end of the current tenancy but offer to grant a secure tenancy of another dwelling-house instead.
Option 3:	seek possession of the dwelling-house at the end of the current tenancy without offering to grant a secure tenancy of another dwelling-house.

(6) The landlord must also— (a) offer the tenant advice on buying a home if the landlord considers that to be a realistic option for the tenant, and (b) in appropriate cases, offer the tenant advice on other housing options. (86B) (1) On completing a review under section 86A the landlord must notify the tenant in writing of the outcome of the review. (2) The notice must be given by no later than 6 months before the end of the term of the current tenancy. (3) The notice must state which of the options mentioned in section 86A the landlord has decided to take. (4) If the landlord has decided to seek possession of the dwelling-house at the end of the secure tenancy the notice must also— (a) inform the tenant of the right under section 86C to request the landlord to reconsider, and (b) specify the time limit for making a request under that section. (5) If the notice states that the landlord has decided to offer a new tenancy and the tenant accepts in writing before the end of the current tenancy, the landlord must grant the new tenancy in accordance with the offer. (86C) (1) Where a tenant is notified that the outcome of a review under section 86A is that the landlord has decided to seek possession of the dwelling-house at the end of the current tenancy, the tenant may request the landlord to reconsider its decision. (2) The request must be made before the end of the period of 21 days beginning with the day on which tenant was notified of the decision. (3) On receiving the request, the landlord must reconsider its decision. (4) The landlord must, in particular, consider whether the original decision is in accordance with any policy that the landlord has about the circumstances in which it will grant a further tenancy on the coming to an end of an existing fixed term tenancy. (5) Once the landlord has reconsidered the decision the landlord must— (a) notify the tenant in writing of the outcome, (b) revise or confirm its original decision, and (c) if it decides to confirm its original decision, give reasons. (6) The Secretary of State may by regulations make provision about the procedure to be followed in connection with reconsidering a decision for the purposes of this section. (7) The regulations may, in particular— (a) require the original decision to be reconsidered by a person of appropriate seniority who was not involved in the original decision, and (b) make provision as to the circumstances in which the person who requested the landlord to reconsider the original decision is entitled to an oral hearing, and whether and by whom that person may be represented. (8) Regulations under this section may include transitional or saving provision. (9) Regulations under this section are to be made by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament. (86D) (1) This section applies to a secure tenancy of a dwelling-house in England other than— (a) an old-style secure tenancy, or (b) a flexible tenancy the term of which ends within the period of 9 months beginning with the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 comes fully into force. (2) If the tenancy comes to an end by virtue of the term expiring, or by virtue of an order under section 82(3), a new tenancy of the same dwelling-house arises by virtue of this subsection. (3) Where the landlord has offered the tenant a new tenancy of the same dwelling-house following a review under section 86A but the tenant has failed to accept, the new tenancy that arises by virtue of subsection (2) is a fixed term tenancy of whatever length the landlord offered. (4) In any other case, the new tenancy that arises by virtue of subsection (2) is a 5 year fixed term tenancy. (5) The parties and other terms of a new tenancy that arises by virtue of subsection (2) are the same as those of the tenancy that it replaces, except that the terms are confined to those which are compatible with a tenancy of the length determined in accordance with subsection (3) or (4). (6) A new tenancy does not arise by virtue of subsection (2) if the tenant has been granted another secure tenancy of the same dwelling-house to begin at the same time as the earlier tenancy ends. (86E) (1) The landlord under a secure tenancy of a dwelling-house in England may bring proceedings for possession under this section if— (a) the landlord has decided on a review under section 86A to seek possession at the end of the tenancy, and (b) the landlord has not subsequently revised the decision under section 86C. (2) If the landlord brings proceedings under this section the court must make an order for possession if satisfied that— (a) the landlord has complied with all of the requirements of sections 86A to 86C, (b) the tenancy that was the subject of the review section 86A has ended, (c) the proceedings were commenced before the end of the period of 3 months beginning with the day on which the tenancy ended, and (d) the only fixed term tenancy still in existence is a new secure tenancy arising by virtue of section 86D. (3) But the court may refuse to grant an order for possession under this section if the court considers that a decision of the landlord under section 86A or 86C was wrong in law. (4) Where a court makes an order for possession of a dwelling-house under this section, any fixed term tenancy arising by virtue of section 86D on the coming to an end of the tenancy that was the subject of the review under section 86A comes to an end (without further notice) in accordance with section 82(2). (5) This section does not limit any right of the landlord under a secure tenancy to recover possession of the dwelling-house let on the tenancy in accordance with other provisions of this Part. (86F) (1) It is a term of every secure tenancy of a dwelling-house in England, other than an old-style secure tenancy, that the tenant may terminate the tenancy in accordance with the following provisions of this section. (2) The tenant must serve a notice in writing on the landlord stating that the tenancy will be terminated on the date specified in the notice. (3) That date must be after the end of the period of four weeks beginning with the date on which the notice is served. (4) The landlord may agree with the tenant to dispense with the requirement in subsection (2) or (3). (5) The tenancy is terminated on the date specified in the notice or (as the case may be) determined in accordance with arrangements made under subsection (4) only if on that date— (a) no arrears of rent are payable under the tenancy, and (b) the tenant is not otherwise materially in breach of a term of the tenancy.

12

(1) Section 97 (tenant's improvements require consent) is amended as follows.

(2) In subsection (1), after “secure tenancy” insert “ to which this section applies ”.

(3) After subsection (1) insert—

(1A) This section applies to— (a) a secure tenancy of a dwelling-house in Wales, or (b) an old-style secure tenancy of a dwelling-house in England.

(4) Omit subsection (5).

13

(1) Section 99A (right to compensation for improvements) is amended as follows.

(2) In subsection (1)(c), after “secure tenancy” insert “ to which this section applies ”.

(3) After subsection (1) insert—

(1A) This section applies to— (a) a secure tenancy of a dwelling-house in Wales, or (b) an old-style secure tenancy of a dwelling-house in England.

(4) Omit subsection (9).

14

Omit sections 107A to 107E (flexible tenancies).

15

After section 115A insert—

(115B) (1) For the purposes of this Act, a flexible tenancy is a secure tenancy to which any of the following subsections applies. (2) This subsection applies to a secure tenancy if— (a) it was granted by a landlord in England for a fixed term of not less than two years, (b) it was granted before the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 came fully into force, and (c) before it was granted the person who became the landlord under the tenancy served a written notice on the person who became the tenant under the tenancy stating that the tenancy would be a flexible tenancy. (3) This subsection applies to a secure tenancy if— (a) it became a secure tenancy by virtue of a notice under paragraph 4ZA(2) of Schedule 1 (family intervention tenancies becoming secure tenancies), (b) the notice was given before the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 came fully into force, (c) the landlord under the family intervention tenancy in question was a local housing authority in England, (d) the family intervention tenancy was granted to a person on the coming to an end of a flexible tenancy under which the person was a tenant, (e) the notice states that the tenancy is to become a secure tenancy that is a flexible tenancy for a fixed term of the length specified in the notice, and sets out the other express terms of the tenancy, and (f) the length of the term specified in the notice is at least two years. (4) The length of the term of a flexible tenancy that becomes such a tenancy by virtue of subsection (3) is that specified in the notice under paragraph 4ZA(2) of Schedule 1. (5) The other express terms of the flexible tenancy are those set out in the notice, so far as those terms are compatible with the statutory provisions relating to flexible tenancies; and in this subsection “statutory provision” means any provision made by or under an Act. (6) This subsection applies to a secure tenancy if— (a) it is created by virtue of section 137A of the Housing Act 1996 (introductory tenancies becoming flexible tenancies), or (b) it arises by virtue of section 143MA or 143MB of that Act (demoted tenancies becoming flexible tenancies).” (115C) In this Part “old-style secure tenancy” means a secure tenancy of a dwelling-house in England that— (a) is a secure tenancy, other than a flexible tenancy, granted before the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 came fully into force, (b) is a secure tenancy granted on or after that date that contains an express term stating that it is an old-style secure tenancy, or (c) is a tenancy that arose by virtue of section 86 on the coming to an end of a secure tenancy within paragraph (a) or (b).

16

(1) Section 117 (index of defined expressions) is amended as follows.

(2) In the entry relating to flexible tenancies, for “section 107A” substitute “ section 115B ”.

(3) At the appropriate place insert—

old-style secure tenancy	section 115C

17

(1) Schedule 1 (tenancies which are not secure tenancies) is amended as follows.

(2) After paragraph 1 insert—

(1ZA) A tenancy of a dwelling-house in England cannot become a secure tenancy if— (a) it was granted on or after the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 came fully into force, (b) it was not a secure tenancy or an introductory tenancy at the time it was granted, and (c) it is a periodic tenancy or a tenancy for a fixed term of less than 2 years or more than 5 years.

(3) In paragraph 4ZA, after sub-paragraph (2) insert—

(2A) A notice under sub-paragraph (2) that relates to a tenancy of a dwelling-house in England must— (a) state that the tenancy is to become a secure tenancy for a fixed term of a length specified in the notice, and (b) set out the other express terms of the tenancy. (2B) The length of the term specified in a notice in accordance with sub-paragraph (2A) must not be— (a) less than 2 years, or (b) more than the permitted maximum length. (2C) The permitted maximum length is 10 years, unless sub-paragraph (2D) applies. (2D) If the landlord has been notified in writing that a child aged under 9 will live in the dwelling-house, the permitted maximum length is the period— (a) beginning with the day on which the tenancy becomes a secure tenancy, and (b) ending with the day on which the child will reach the age of 19. (2E) In deciding what length to specify in a notice under sub-paragraph (2A)(a) the landlord must have regard to any guidance given by the Secretary of State. (2F) Where a notice is given in accordance with sub-paragraph (2A) the length of the secure tenancy, and the other terms, are those set out in the notice. (2G) Sub-paragraphs (2A) to (2F) do not apply to notices given before the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 comes fully into force.

Landlord and Tenant Act 1985 (c. 70)

18

(1) Section 13 of the Landlord and Tenant Act 1985 is amended as follows.

(2) After subsection (1A) insert—

(1AB) Section 11 also applies to a lease of a dwelling-house in England which is an introductory tenancy for a fixed term of seven years or more granted on or after the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 comes fully into force.

(3) In subsection (1B)—

(a) for “In subsection (1A)” substitute “ In this section ”, and

(b) after the definition of “assured tenancy” insert—

“introductory tenancy” has the same meaning as in Chapter 1 of Part 5 of the Housing Act 1996;

Housing Act 1996 (c. 52)

19

The Housing Act 1996 is amended as follows.

20

(1) Section 124 (introductory tenancies) is amended as follows.

(2) After subsection (1) insert—

(1A) When such an election is in force, every fixed term tenancy of a dwelling-house in England entered into or adopted by the authority or trust shall, if it would otherwise be a secure tenancy, be an introductory tenancy, unless section 124A(7) applies or 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.

(3) In subsection (2), in the words before paragraph (a), after “dwelling-house” insert “ in Wales ”.

(4) In subsection (2A), for “subsection (2)(b)” substitute “ subsections (1A)(b) and (2)(b) ”.

(5) In subsection (3), for “subsection (2)” substitute “ subsections (1A) and (2) ”.

(6) After subsection (5) insert—

(6) In relation to a tenancy entered into or adopted by a local housing authority or a housing action trust before the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 comes fully into force, this section has effect— (a) as if subsection (1A) were omitted, and (b) as if, in subsection (2), the words “in Wales” were omitted.

21

After section 124 insert—

(124A) (1) A local housing authority or a housing action trust may enter into an introductory tenancy of a dwelling-house in England only if it is a tenancy for a fixed term that is— (a) at least 2 years, and (b) no longer than the permitted maximum length. (2) The permitted maximum length is 10 years, unless subsection (3) applies. (3) If the person entering into the tenancy has been notified in writing that a child aged under 9 will live in the dwelling-house, the permitted maximum length is the period— (a) beginning with the day on which the tenancy is entered into, and (b) ending with the day on which the child will reach the age of 19. (4) If a local housing authority or a housing action trust purports to enter into an introductory tenancy in breach of subsection (1), it takes effect as a tenancy for a fixed term of 5 years. (5) In deciding what length of tenancy to enter into in a case to which subsection (1) applies, the local housing authority or housing action trust must have regard to any guidance given by the Secretary of State. (6) Subsections (1) and (4) apply only to tenancies entered into on or after the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 comes fully into force. (7) A tenancy of a dwelling-house in England that is adopted by a local housing authority or a housing action trust does not become an introductory tenancy if— (a) it is adopted on or after the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 came fully into force, and (b) the tenancy is a periodic tenancy or it is a tenancy for a fixed term of less than 2 years or more than 5 years. (8) Subsections (9) and (10) apply where a tenancy that has been adopted by a local housing authority or a housing action trust is not an introductory tenancy but would (on adoption or at any later time) become a secure tenancy but for subsection (7). (9) The local housing authority or housing action trust must, within the period of 28 days, make the tenant a written offer of an introductory tenancy in return for the tenant surrendering the original tenancy. (10) If the tenant accepts in writing within the period of 28 days beginning with the day on which the tenant receives the offer, the local housing authority or housing action trust must grant an introductory tenancy on the tenant surrendering the original tenancy. (124B) (1) A person who is offered an introductory tenancy of a dwelling-house in England may request a review under this section. (2) The sole purpose of a review under this section is to consider whether the length of the tenancy is in accordance with any policy that the prospective landlord has about the length of introductory tenancies it grants. (3) The request must be made before the end of— (a) the period of 21 days beginning with the day on which the person making the request first receives the offer, or (b) such longer period as the prospective landlord may allow in writing. (4) On receiving the request the prospective landlord must carry out the review. (5) On completing the review the prospective landlord must — (a) notify the tenant in writing of the outcome, (b) revise its offer or confirm its original decision about the length of the tenancy, and (c) if it decides to confirm its original decision, give reasons. (6) The Secretary of State may by regulations make provision about the procedure to be followed in connection with a review under this section. (7) The regulations may, in particular— (a) require the review to be carried out by a person of appropriate seniority who was not involved in the original decision; (b) make provision as to the circumstances in which the person who requested the review is entitled to an oral hearing, and whether and by whom that person may be represented.

22

(1) Section 125A (extension of trial period by 6 months) is amended as follows.

(2) In subsection (1), for “both” substitute “ each ”.

(3) After subsection (3) insert—

(3A) The third condition must be met only if the introductory tenancy — (a) is one to which section 124A(1) or (2) applies, or (b) is adopted by a local housing authority or housing action trust on or after the day on which paragraph 4 of Schedule 7 came fully into force. (3B) The third condition is that the new expiry date would be before the period mentioned in section 86A(3) of the Housing Act 1985 (review to determine what to do at end of fixed term secure tenancy); and for this purpose “the new expiry date” means the last day of the 6 month extension period mentioned in subsection (1).

23

In section 128 (notice of proceedings for possession), in subsection (4), for the second sentence substitute—

The date so specified— (a) in a case where the introductory tenancy is a periodic tenancy, 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 proceedings, and (b) in a case where the introductory tenancy is a fixed term tenancy, must not be earlier than the end of the period of 6 weeks beginning with the date on which the notice of proceedings is served.

24

In section 137A (introductory tenancies that are to become flexible tenancies), in subsection (2), for “, before entering into or adopting the introductory tenancy” substitute “ the introductory tenancy was entered into or adopted before the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 came fully into force and, before entering into or adopting it, ”.

25

In section 143A (demoted tenancies), in subsection (1), omit “periodic”.

26

In section 143E (notice of proceedings for possession), for subsection (3) substitute—

(3) The date specified under subsection (2)(c)— (a) in a case where the demoted tenancy is a periodic tenancy, 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 proceedings, and (b) in a case where the demoted tenancy is a fixed term tenancy, must not be earlier than the end of the period of 6 weeks beginning with the date on which the notice of proceedings is served.

27

(1) Section 143MA (demoted tenancies that are to become flexible tenancies) is amended as follows.

(2) In subsection (1), for “section 107A of the Housing Act 1985” substitute “ section 115B of the Housing Act 1985 (certain tenancies granted etc before the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 came fully into force) ”.

(3) After subsection (3) insert—

(3A) If the notice is given on or after the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 comes fully into force, the period specified under subsection (3)(b) must be no longer than the permitted maximum length. (3B) The permitted maximum length is 10 years, unless subsection (3C) applies. (3C) If the landlord has been notified in writing that a child aged under 9 will live in the dwelling-house, the permitted maximum length is the period— (a) beginning with the day on which the tenancy becomes a secure tenancy, and (b) ending with the day on which the child will reach the age of 19. (3D) In deciding what length to specify in a notice under paragraph (3)(b) the landlord must have regard to any guidance given by the Secretary of State.

28

After section 143MA insert—

(143MB) (1) This section applies where— (a) a landlord has the power to serve a notice under section 143MA on the tenant under a demoted tenancy but fails to do so, and (b) the tenancy comes to an end on or after the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 comes fully into force. (2) On ceasing to be a demoted tenancy, the tenancy becomes a secure tenancy for a fixed term of 5 years that is a flexible tenancy. (3) The terms of the new tenancy are the same as those of the tenancy that it replaces, so far as those terms are compatible with— (a) a tenancy for a fixed term of 5 years, and (b) the statutory provisions relating to flexible tenancies (within the meaning given by section 143MA(5).

Land Registration Act 2002 (c. 9)

29

In section 132 of the Land Registration Act 2002 (interpretation), in subsection (1)—

(a) in the definition of “flexible tenancy”, for “107A” substitute “ 115B ”;

(b) in the definition of “relevant social housing tenancy”, after paragraph (a) (but before the “or” at the end) insert—

(aa) a secure tenancy of a dwelling-house in England granted on or after the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 comes fully into force, (ab) an introductory tenancy of a dwelling-house in England granted on or after the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 comes fully into force,

;

“introductory tenancy” has the same meaning as in Chapter 1 of Part 5 of the Housing Act 1996;

;

“secure tenancy” has the meaning given by section 79 of the Housing Act 1985;

Localism Act 2011 (c. 20)

30

The Localism Act 2011 (flexible tenancies: other amendments) is amended as follows.

31

In section 155, omit subsections (3) and (4).

32

In section 159 (further provisions about transfer of tenancy under section 158), in subsection (6)(b), for “107A” substitute “ 115B ”.

Savings for flexible tenancies with only 9 months left to run

33

(1) Despite the repeal of sections 107D and 107E of the Housing Act 1985 (flexible tenancies: recovery of possession) by paragraph 14 above, those sections continue to apply in relation to a flexible tenancy the term of which ends within the period of 9 months beginning with the day on which paragraph 4 of this Schedule comes fully into force.

(2) The amendments made by paragraphs 8 and 9 (which replace references to proceedings for possession under section 107D of the Housing Act 1985) do not apply in relation to such a tenancy.

SCHEDULE 8

Housing Act 1985 (c. 68)

1

The Housing Act 1985 is amended as follows.

2

In section 86 (periodic tenancy arising on termination of fixed term), after subsection (1B) (inserted by Schedule 7) insert—

(1C) This section does not apply to a secure tenancy of a dwelling-house in England if— (a) the original secure tenant has died, (b) the tenancy has been vested in, or otherwise disposed of to, the current tenant in the course of the administration of the original tenant's estate, and (c) the current tenant qualified to succeed the original tenant under section 86G(2) or (4).

3

(1) Section 86A (persons qualified to succeed: England) as inserted by the Localism Act 2011—

(a) is renumbered section 86G (so that it follows on from section 86F as inserted by Schedule 7 without making the numbering more complex than it has to be), and

(b) is amended as follows.

(2) After subsection (7) insert—

(8) This section applies to a tenancy that was granted before 1 April 2012, or that arose by virtue of section 86 on the coming to the end of a secure tenancy granted before 1 April 2012, as it applies to a secure tenancy granted on or after that day.

4

In section 88 (cases where the tenant is a successor), in subsection (1), after paragraph (b) insert—

(ba) the tenancy arose by virtue of section 89(2A) (fixed term tenancy arising in certain cases following succession to periodic tenancy), or

5

(1) Section 89 (succession to periodic tenancy) is amended as follows.

(2) In subsection (1A), for “section 86A” substitute “ section 86G ”.

(3) After subsection (2) insert—

(2A) Where the tenancy vests in a person qualified to succeed the tenant under section 86G(2) or (4) and continues to be a secure tenancy— (a) the periodic tenancy (“the old tenancy”) comes to an end immediately after vesting, and (b) a new tenancy of the same dwelling-house arises by virtue of this subsection for a fixed term of 5 years. (2B) The parties and terms of a tenancy arising by virtue of subsection (2A) are the same as those of the tenancy that it replaces, except that the terms are confined to those which are compatible with a tenancy for a fixed term of 5 years. (2C) Where a possession order was in force in relation to the old tenancy— (a) the possession order is to be treated, so far as possible, as if it applied in relation to the new tenancy, and (b) any other court orders made in connection with the possession order are also to be treated, so far as possible, as if they applied in relation to the new tenancy. (2D) In subsection (2C) “possession order” means an order for possession of the dwelling house.

6

In section 117 (index of defined expressions), in the entry relating to persons qualified to succeed, for “section 87” substitute “ sections 86G and 87 ”.

Housing Act 1996 (c. 52)

7

Before section 131 (but after the italic heading) insert—

(130A) (1) A person is qualified to succeed the tenant under an introductory tenancy of a dwelling-house in England if— (a) the person occupies the dwelling-house as his or her only or principal home at the time of the tenant's death, and (b) the person is the tenant's spouse or civil partner. (2) A person is qualified to succeed the tenant under an introductory tenancy of a dwelling-house in England if— (a) at the time of the tenant's death the dwelling-house is not occupied by a spouse or civil partner of the tenant as his or her only or principal home, (b) an express term of the tenancy makes provision for a person other than such a spouse or civil partner of the tenant to succeed to the tenancy, and (c) the person's succession is in accordance with that term. (3) Subsection (1) or (2) does not apply if the tenant was a successor as defined in section 132. (4) In such a case, a person is qualified to succeed the tenant if— (a) an express term of the tenancy makes provision for a person to succeed a successor to the tenancy, and (b) the person's succession is in accordance with that term. (5) For the purposes of this section a person who was living with the tenant as the tenant's wife or husband is to be treated as the tenant's spouse. (6) Subsection (7) applies if, on the death of the tenant, there is by virtue of subsection (5) more than one person who fulfils the condition in subsection (1)(b). (7) Such one of those persons as may be agreed between them or as may, where there is no such agreement, be selected by the landlord is for the purpose of this section to be treated as the fulfilling that condition.

8

(1) Section 131 (persons qualified to succeed tenant) is amended as follows.

(2) At the end of the heading for “tenant” substitute “ to introductory tenancy: Wales ”.

(3) After “introductory tenancy” insert “ of a dwelling-house in Wales ”.

9

(1) Section 133 (succession to introductory tenancy) is amended as follows.

(2) After subsection (1) insert—

(1A) Where there is a person qualified to succeed the tenant under section 130A, the tenancy vests by virtue of this section— (a) in that person, or (b) if there is more than one such person, in such one of them as may be agreed between them or as may, where there is no agreement, be selected by the landlord.

(3) In subsection (2), after “ “tenant” insert “ under section 131 ”.

10

Before section 143H (but after the italic heading) insert—

(143GA) (1) A person is qualified to succeed the tenant under a demoted tenancy of a dwelling-house in England if— (a) the person occupies the dwelling-house as his or her only or principal home at the time of the tenant's death, and (b) the person is the tenant's spouse or civil partner. (2) A person is qualified to succeed the tenant under a demoted tenancy of a dwelling-house in England if— (a) at the time of the tenant's death the dwelling-house is not occupied by a spouse or civil partner of the tenant as his or her only or principal home, (b) an express term of the tenancy makes provision for a person other than such a spouse or civil partner of the tenant to succeed to the tenancy, and (c) the person's succession is in accordance with that term. (3) Subsection (1) or (2) does not apply if the tenant was a successor as defined in section 132. (4) In such a case, a person is qualified to succeed the tenant if— (a) an express term of the tenancy makes provision for a person to succeed a successor to the tenancy, and (b) the person's succession is in accordance with that term. (5) For the purposes of this section a person who was living with the tenant as the tenant's wife or husband is to be treated as the tenant's spouse. (6) Subsection (7) applies if, on the death of the tenant, there is by virtue of subsection (5) more than one person who fulfils the condition in subsection (1)(b). (7) Such one of those persons as may be agreed between them or as may, where there is no such agreement, be selected by the landlord is for the purpose of this section to be treated as fulfilling that condition. (8) This section applies to a tenancy that became a demoted tenancy before or after Schedule 8 of the Housing Act 2015 comes into force. (143GB) (1) This section applies if the tenant under a demoted tenancy of a dwelling-house in England dies. (2) Where there is a person qualified to succeed the tenant under section 143GA, the tenancy vests by virtue of this section— (a) in that person, or (b) if there is more than one such person, in such one of them as may be agreed between them or as may, where there is no agreement, be selected by the landlord. (3) Where a periodic demoted tenancy vests in a person qualified to succeed the tenant under section 143GA(2) or (4) and continues to be a demoted tenancy— (a) the tenancy comes to an end immediately after vesting, and (b) a new tenancy of the same dwelling-house arises by virtue of this subsection for a fixed term of 5 years. (4) The parties and terms of a tenancy arising by virtue of subsection (3) are the same as those of the tenancy that it replaces, except that the terms are confined to those which are compatible with a tenancy for a fixed term of 5 years. (5) Where a demoted tenancy comes to an end and a new tenancy arises by virtue of subsection (3), as from that time the demotion order is to be treated for all purposes as it had been made in relation to the new tenancy (and the demotion period remains the same).

11

(1) Section 143H (succession to demoted tenancy) is amended as follows.

(2) At the heading insert “ : Wales ”.

(3) In subsection (1), after “tenancy” insert “ of a dwelling-house in Wales ”.

12

In section 143I (no successor tenant: termination), after “section” insert “ 143GA or ”.

13

(1) Section 143J of the Housing Act 1996 (demoted tenancies: successor tenants) is amended as follows.

(2) After subsection (3) insert—

(3A) The tenancy arose by virtue of section 89(2A) of the Housing Act 1985.

(3) For subsection (7) substitute—

(7) A person is the successor to a demoted tenancy if— (a) the tenancy vests in the person by virtue of section 143GB(2) or 143H(4) or (5), or (b) the tenancy arose by virtue of section 143GB(3).

Localism Act 2011 (c. 20)

14

In section 160 of the Localism Act 2011 (succession to secure tenancies), omit subsection (6).

Savings

15

The amendments made by this Schedule do not apply in relation to cases where the tenant under a secure tenancy dies before it comes into force.

16

The amendments made by paragraphs 7 and 8 do not apply in relation to an introductory tenancy granted before the day on which this Schedule comes into force.

17

The amendments made by paragraphs 10 to 13 do not apply in relation to cases where the tenant under a demoted tenancy dies before this Schedule comes into force.

SCHEDULE 9

1

The Housing Act 2004 is amended as follows.

2

In section 30 (offence of failing to comply with improvement notice), after subsection (6) insert—

(7) See also section 249A (financial penalties as alternative to prosecution for certain housing offences in England). (8) If a local housing authority has imposed a financial penalty on a person under section 249A in respect of conduct amounting to an offence under this section the person may not be convicted of an offence under this section in respect of the conduct.

3

In section 72 (offences in relation to licensing of HMOs), after subsection (7) insert—

(7A) See also section 249A (financial penalties as alternative to prosecution for certain housing offences in England). (7B) If a local housing authority has imposed a financial penalty on a person under section 249A in respect of conduct amounting to an offence under this section the person may not be convicted of an offence under this section in respect of the conduct.

4

In section 95 (offences in relation to licensing of houses under Part 3), after subsection (6) insert—

(6A) See also section 249A (financial penalties as alternative to prosecution for certain housing offences in England). (6B) If a local housing authority has imposed a financial penalty on a person under section 249A in respect of conduct amounting to an offence under this section the person may not be convicted of an offence under this section in respect of the conduct.

5

In section 139 (overcrowding notices), after subsection (9) insert—

(10) See also section 249A (financial penalties as alternative to prosecution for certain housing offences in England). (11) If a local housing authority has imposed a financial penalty on a person under section 249A in respect of conduct amounting to an offence under this section the person may not be convicted of an offence under this section in respect of the conduct.

6

In section 234 (management regulations in respect of HMOs), after subsection (5) insert—

(6) See also section 249A (financial penalties as alternative to prosecution for certain housing offences in England). (7) If a local housing authority has imposed a financial penalty on a person under section 249A in respect of conduct amounting to an offence under this section the person may not be convicted of an offence under this section in respect of the conduct.

7

After section 249 insert—

(249A) (1) The local housing authority may impose a financial penalty on a person if satisfied, beyond reasonable doubt, that the person's conduct amounts to a relevant housing offence in respect of premises in England. (2) In this section “relevant housing offence” means an offence under— (a) section 30 (failure to comply with improvement notice), (b) section 72 (licensing of HMOs), (c) section 95 (licensing of houses under Part 3), (d) section 139(7) (failure to comply with overcrowding notice), or (e) section 234 (management regulations in respect of HMOs). (3) Only one financial penalty under this section may be imposed on a person in respect of the same conduct. (4) The amount of a financial penalty imposed under this section is to be determined by the local housing authority, but must not be more than £30,000. (5) The local housing authority may not impose a financial penalty in respect of any conduct amounting to a relevant housing offence if— (a) the person has been convicted of the offence in respect of that conduct, or (b) criminal proceedings for the offence have been instituted against the person in respect of the conduct and the proceedings have not been concluded. (6) Schedule 13A deals with— (a) the procedure for imposing financial penalties, (b) appeals against financial penalties, (c) enforcement of financial penalties, and (d) guidance in respect of financial penalties. (7) The Secretary of State may by regulations make provision about how local housing authorities are to deal with financial penalties recovered. (8) The Secretary of State may by regulations amend the amount specified in subsection (4) to reflect changes in the value of money. (9) For the purposes of this section a person's conduct includes a failure to act.

8

After Schedule 13 insert—

SCHEDULE 13A (1) Before imposing a financial penalty on a person under section 249A the local housing authority must give the person notice of the authority's proposal to do so (a “notice of intent”). (2) (1) The notice of intent must be given before the end of the period of 6 months beginning with the first day on which the authority has sufficient evidence of the conduct to which the financial penalty relates. (2) But if the person is continuing to engage in the conduct on that day, and the conduct continues beyond the end of that day, the notice of intent may be given— (a) at any time when the conduct is continuing, or (b) within the period of 6 months beginning with the last day on which the conduct occurs. (3) For the purposes of this paragraph a person's conduct includes a failure to act. (3) The notice of intent must set out— (a) the amount of the proposed financial penalty, (b) the reasons for proposing to impose the financial penalty, and (c) information about the right to make representations under paragraph 4. (4) (1) A person who is given a notice of intent may make written representations to the local housing authority about the proposal to impose a financial penalty. (2) Any representations must be made within the period of 28 days beginning with the day after that on which the notice was given (“the period for representations”). (5) After the end of the period for representations the local housing authority must— (a) decide whether to impose a financial penalty on the person, and (b) if it decides to impose a financial penalty, decide the amount of the penalty. (6) If the authority decides to impose a financial penalty on the person, it must give the person a notice (a “final notice”) imposing that penalty. (7) The final notice must require the penalty to be paid within the period of 28 days beginning with the day after that on which the notice was given. (8) The final notice must set out— (a) the amount of the financial penalty, (b) the reasons for imposing the penalty, (c) information about how to pay the penalty, (d) the period for payment of the penalty, (e) information about rights of appeal, and (f) the consequences of failure to comply with the notice. (9) (1) A local housing authority may at any time— (a) withdraw a notice of intent or final notice, or (b) reduce the amount specified in a notice of intent or final notice. (2) The power in sub-paragraph (1) is to be exercised by giving notice in writing to the person to whom the notice was given. (10) (1) A person to whom a final notice is given may appeal to the First-tier Tribunal against— (a) the decision to impose the penalty, or (b) the amount of the penalty. (2) If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined or withdrawn. (3) An appeal under this paragraph— (a) is to be a re-hearing of the local housing authority's decision, but (b) may be determined having regard to matters of which the authority was unaware. (4) On an appeal under this paragraph the First-tier Tribunal may confirm, vary or cancel the final notice. (5) The final notice may not be varied under sub-paragraph (4) so as to make it impose a financial penalty of more than the local housing authority could have imposed. (11) (1) This paragraph applies if a person fails to pay the whole or any part of a financial penalty which, in accordance with this Schedule, the person is liable to pay. (2) The local housing authority which imposed the financial penalty may recover the penalty or part on the order of the county court as if it were payable under an order of that court. (3) In proceedings before the county court for the recovery of a financial penalty or part of a financial penalty, a certificate which is— (a) signed by the chief finance officer of the local housing authority which imposed the penalty, and (b) states that the amount due has not been received by a date specified in the certificate, is conclusive evidence of that fact. (4) A certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved. (5) In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989. (12) A local housing authority must have regard to any guidance given by the Secretary of State about the exercise of its functions under this Schedule or section 249A.

SCHEDULE 10

Leasehold Reform Act 1967

1

(1) In Schedule 1 to the Leasehold Reform Act 1967 (enfranchisement and extension by sub-tenants), paragraph 7A is amended as follows.

(2) For sub-paragraph (1) substitute—

(1) The price payable for a minor superior tenancy is to be calculated in accordance with regulations made by the appropriate national authority instead of in accordance with section 9.

(3) Omit sub-paragraphs (5) and (6).

(4) At the end insert—

(7) In sub-paragraph (1) “appropriate national authority” means— (a) in relation to a tenancy of land in England, the Secretary of State; (b) in relation to a tenancy of land in Wales, the Welsh Ministers. (8) Regulations under sub-paragraph (1) may include transitional provision. (9) Regulations under sub-paragraph (1) are to be made by statutory instrument. (10) A statutory instrument containing regulations under sub-paragraph (1) is subject to annulment— (a) in the case of an instrument made by the Secretary of State, in pursuance of a resolution of either House of Parliament; (b) in the case of an instrument made by the Welsh Ministers, in pursuance of a resolution of the National Assembly for Wales.

(5) The amendments made by this paragraph apply to cases where the relevant time is—

(a) before this Act is passed, but

(b) on or after 11 July 2015,

as well as to cases where the relevant time is after this Act is passed.

(6) The “relevant time” has the meaning given by section 37(1)(d) of the Leasehold Reform Act 1967.

Leasehold Reform, Housing and Urban Development Act 1993

2

The Leasehold Reform, Housing and Urban Development Act 1993 is amended as follows.

3

(1) Section 100 (orders and regulations) is amended as follows.

(2) In subsection (1), after “Secretary of State” insert “ or the Welsh Ministers ”.

(3) After subsection (2) insert—

(3) Any power of the Welsh Ministers to make regulations under this Part shall be exercisable by statutory instrument which (except in the case of regulations making only such provision as is mentioned in section 99(6)) shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

4

(1) In Schedule 6, paragraph 7 is amended as follows.

(2) For sub-paragraph (2) substitute—

(2) The value of an intermediate leasehold interest which is the interest of the tenant under a minor intermediate lease is to be calculated in accordance with regulations made by the appropriate national authority instead of in accordance with sub-paragraph (1).

(3) In sub-paragraph (4)—

(a) for “formula set out in sub-paragraph (7)” substitute “ calculation method mentioned in sub-paragraph (2) ”;

(b) for “by so applying the formula” substitute “ in accordance with that method ”.

(4) Omit sub-paragraphs (7) and (8).

(5) After sub-paragraph (10) insert—

(11) In sub-paragraph (2) “appropriate national authority” means— (a) in relation to a leasehold interest of land in England, the Secretary of State; (b) in relation to a leasehold interest of land in Wales, the Welsh Ministers.

(6) The amendments made by this paragraph apply to cases where the relevant date is—

(a) before this Act is passed, but

(b) on or after 11 July 2015,

as well as to cases where the relevant date is after this Act is passed.

(7) The “relevant date” has the meaning given by section 1(8) of the Leasehold Reform, Housing and Urban Development Act 1993.

5

(1) In Schedule 13 (premium and other amounts payable by tenant on grant of new lease), paragraph 8 is amended as follows.

(2) For sub-paragraph (2) substitute—

(2) The value of an intermediate leasehold interest which is the interest of the tenant under a minor intermediate lease is to be calculated in accordance with regulations made by the appropriate national authority instead of in accordance with sub-paragraph (1).

(3) Omit sub-paragraphs (6) and (7).

(4) After sub-paragraph (9) insert—

(10) In sub-paragraph (2) “appropriate national authority” means— (a) in relation to a leasehold interest of land in England, the Secretary of State; (b) in relation to a leasehold interest of land in Wales, the Welsh Ministers.

(5) The amendments made by this paragraph apply to cases where the relevant date is—

(a) before this Act is passed, but

(b) on or after 11 July 2015,

as well as to cases where the relevant date is after this Act is passed.

(6) The “relevant date” has the meaning given by section 39(8) of the Leasehold Reform, Housing and Urban Development Act 1993.

SCHEDULE 11

SCHEDULE 12

Town and Country Planning Act 1990 (c. 8)

1

The Town and Country Planning Act 1990 is amended as follows.

2

In section 2A (the Mayor of London: applications of potential strategic importance), in subsections (1)(a) and (1B), after “planning permission” insert “ or permission in principle ”.

3

In the heading before section 61W, after “planning permission” insert “ or permission in principle ”.

4

In section 61W (requirement to carry out pre-application consultation), in subsection (1)(a), after “planning permission” insert “ , or permission in principle, ”.

5

In section 61X (duty to take account of responses to consultation), in subsection (1)(a) and (b), after “planning permission” insert “ or permission in principle ”.

6

In section 61Y (power to make supplementary provision), in subsection (1), after “planning permission” insert “ or permission in principle ”.

7

In the heading before section 62, after “planning permission” insert “ or permission in principle ”.

8

(1) Section 62 (applications for planning permission) is amended as follows.

(2) In the heading and in subsection (1), after “planning permission” insert “ or permission in principle ”.

(3) In subsection (7)—

(a) after “the application for planning permission” insert “ or permission in principle ”;

(b) in paragraphs (a) and (b), after “planning permission” insert “ or permission in principle ”.

9

In section 65 (notice etc of applications for planning permission), in the heading and in subsections (1)(a), (3), (5) and (8), after “planning permission” insert “ or permission in principle ”.

10

In section 69 (register of applications etc), after paragraph (a) of subsection (1) insert—

(aza) applications for permission in principle;

11

(1) Section 70 (determination of applications: general considerations) is amended as follows.

(2) In subsection (2), for “such an application” substitute “ an application for planning permission or permission in principle ”.

(3) In subsection (2A), for “Subsection (2)(b) does not” substitute “ Subsections (1A), (2)(b) and (2ZZA) to (2ZZC) do not ”.

12

(1) Section 70A (power to decline to determine subsequent application) is amended as follows.

(2) In subsection (5), after paragraph (a) insert—

(aa) an application for permission in principle for the development of any land;

(3) In subsection (8), for “An application for planning permission is similar” substitute “ Subject to subsection (9), an application is similar ”.

(4) After that subsection insert—

(9) An application within subsection (5)(a) or (b) is not similar to an earlier application within subsection (5)(aa).

13

(1) Section 70B (power to decline to determine overlapping application) is amended as follows.

(2) In subsections (1) and (4A), after “planning permission” insert “ , or permission in principle, ”.

(3) In subsection (5) omit “for planning permission”.

14

In section 70C (power to decline to determine retrospective application), in subsections (1) and (2), after “for planning permission” insert “ or permission in principle ”.

15

In section 71 (consultation in connection with determinations under section 70), in subsection (1), after “planning permission” insert “ or permission in principle ”.

16

In section 71A (assessment of environmental effects), in subsection (1), after “planning permission” insert “ , or permission in principle, ”.

17

(1) Section 74 (directions etc as to method of dealing with applications) is amended as follows.

(2) In subsection (1)—

(a) after “applications for planning permission” insert “ , or permission in principle, ”;

(b) in paragraphs (a), (c), (d) and (f), after “planning permission” insert “ or permission in principle ”;

(3) In subsection (1B)—

(a) in paragraph (a), after “planning permission” insert “ , or permission in principle, ”;

(b) in paragraph (c), after “planning permission” insert “ or permission in principle ”.

18

In section 76C (provisions applying to applications made under section 62A), after subsection (2) insert—

(2A) Sections 65(5) and 70 to 70C apply, with any necessary modifications, to an application for permission in principle made to the Secretary of State under section 62A as they apply to an application for permission in principle which is to be determined by the local planning authority. (2B) Any requirements imposed by a development order by virtue of section 62(1), (2) or (8), 65 or 71 or paragraph 8(6) of Schedule 1 may be applied by a development order, with or without modifications, to an application for permission in principle made to the Secretary of State under section 62A.

19

In section 76D (deciding applications made under section 62A), in subsection (3), after “planning permission” insert “ or permission in principle ”.

20

(1) Section 77 (references of applications to Secretary of State) is amended as follows.

(2) In subsection (1), after “planning permission” insert “ or permission in principle ”.

(3) In subsection (4)—

(a) for “subsection (5), where” substitute

subsection (5)— (a) where

;

(b) for “local planning authority and” substitute

local planning authority; (b) where an application for permission in principle is referred to the Secretary of State under this section, section 70 shall apply, with any necessary modifications, as it applies to such an application which falls to be determined by the local planning authority; and

21

In section 78 (right of appeal against planning decisions and failure to take such decision), in subsection (1), after paragraph (a) insert—

(aa) refuse an application for permission in principle;

22

(1) Section 78A (appeal made: functions of local planning authorities) is amended as follows.

(2) In subsection (1), after “section 78(1)(a)” insert “ or (aa) ”.

(3) In subsection (4), for “to grant the application” substitute “ to grant an application mentioned in section 78(1)(a) ”.

23

(1) Section 79 (determination of appeals) is amended as follows.

(2) In subsection (4)—

(a) for “subsection (2), the provisions of sections” substitute

subsection (2)— (a) sections

;

(b) after “under section 78” insert “ in respect of an application within section 78(1)(a), (b) or (c) ”;

local planning authority; (b) section 70 shall apply, with any necessary modifications, in relation to an appeal to the Secretary of State under section 78 in respect of an application for permission in principle as it applies in relation to such an application which falls to be determined by the local planning authority; and

(3) After subsection (6) insert—

(6ZA) If, before or during the determination of such an appeal in respect of an application for permission in principle to develop land, the Secretary of State forms the opinion that, having regard to the provisions of section 70 and the development order, permission in principle for that development could not have been granted by the local planning authority, he may decline to determine the appeal or to proceed with the determination.

24

In the heading before section 97, after “planning permission” insert “ or permission in principle ”.

25

(1) Section 97 (power to revoke or modify planning permission) is amended as follows.

(2) In the heading, at the end insert “ or permission in principle ”.

(3) In subsection (1), for the words from “modify” to “the authority” substitute

modify— (a) any permission (including permission in principle) to develop land granted on an application made under this Part, or (b) any permission in principle granted by a development order, the authority

(4) In subsection (3)(a) and (b), for “where the permission” substitute “ in the case of planning permission that ”.

(5) In subsection (4), for “permission” substitute “ planning permission ”.

26

In section 99 (procedure for section 97 orders: unopposed cases), in subsection (8)(a), after “planning permission” insert “ or permission in principle ”.

27

(1) In section 106BB (duty to notify the Mayor of London of certain applications under section 106BA), in paragraphs (a), (b) and (c) of subsection (1), for “planning permission” substitute “ permission ”.

(2) At the end of that subsection insert—

In this subsection, “permission” means planning permission or permission in principle.

28

(1) Section 107 (compensation where planning permission revoked or modified) is amended as follows.

(2) In the heading, after “planning permission” insert “ or permission in principle ”.

(3) In subsection (1)—

(a) after “planning permission” insert “ or permission in principle ”;

(b) or “section 97” substitute “section 97(1)(a)”.

(4) In subsections (2) and (3), for “this section” substitute “ subsection (1) ”.

(5) In subsection (4)—

(a) for “this section” substitute “ subsection (1) ”;

(b) for “consisting” substitute “ that is attributable to the revocation or modification of planning permission and consists ”.

(6) After that subsection insert—

(4A) A development order may make provision for the payment of compensation, in such circumstances and subject to such conditions as may be prescribed in the order, where permission in principle is revoked or modified by an order under section 97(1)(b).

29

(1) Section 108 (compensation for refusal or conditional grant of planning permission formerly granted by development order etc) is amended as follows.

(2) In the heading, after “planning permission” insert “ etc ”.

(3) After subsection (2A) insert—

(2B) Where— (a) permission in principle granted by a development order is withdrawn by the revocation or amendment of the order, and (b) on an application made under Part 3 or section 293A before the end of the period of 12 months beginning with the date on which the revocation or amendment came into operation, permission in principle is refused for development of a description that is the same as, or falls within, that to which the withdrawn permission in principle related, section 107 shall apply as if the permission in principle granted by the development order had been granted by the local planning authority under Part 3 or section 293A, and had been revoked or modified by an order under section 97.

(4) In subsection (3), after “planning permission” insert “ , or permission in principle, ”.

(5) In subsections (3B)(a) and (3C)(a), after “planning permission” insert “ or permission in principle ”.

(6) In subsection (3C)(b), for “planning permission” substitute “ permission ”.

(7) In subsection (3C)(d), before “either” insert “ where the development order granted planning permission, ”.

30

In section 109 (apportionment of compensation for depreciation), in the definition of “relevant planning decision” in subsection (6), for “by which planning permission is refused, or is granted” substitute “ by which planning permission or permission in principle is refused, or by which planning permission is granted ”.

31

In section 284 (validity of development plans and certain orders, decisions and directions), in subsection (3)(i), after “planning permission” insert “ or permission in principle ”.

32

In section 286 (challenges to validity on ground of authority's powers), in subsections (1)(a) and (2), after “planning permission” insert “ or permission in principle ”.

33

In section 293 (application to Crown: definitions), in subsection (2A), after “planning permission” insert “ or permission in principle ”.

34

(1) Section 293A (urgent Crown development: application) is amended as follows.

(2) In subsection (2), after “planning permission” (in both places) insert “ or permission in principle ”.

(3) In subsection (4)(a), after “planning permission” insert “ , or (as the case may be) permission in principle, ”.

35

(1) Section 298A (application for planning permission by Crown) is amended as follows.

(2) In the heading, after “planning permission” insert “ etc ”.

(3) In subsection (1), after “for planning permission” insert “ , for permission in principle ”.

36

In section 303 (fees for planning applications etc), in subsection (4), after “planning permission” insert “ or permission in principle ”.

37

In section 316 (land of interested planning authorities and development by them), for subsection (7) substitute—

(7) This section applies— (a) to permission in principle to develop any land, and (b) to any consent required in respect of any land, as it applies to planning permission to develop land.

38

In section 322B (local inquiries in London: special provision as to costs in certain cases)—

(a) in subsection (1)(a),

(b) in paragraph (a) of the subsection set out in subsection (5), and

after “planning permission” insert “ or permission in principle ”.

39

In section 332 (combined applications), in subsection (1)(a), after “planning permission” insert “ , or permission in principle, ”.

40

(1) In section 336 (interpretation), subsection (1) is amended as follows.

(2) At the appropriate place insert—

“permission in principle” means permission of the kind referred to in section 58A;

(3) At the end of the definition of “planning permission” insert “ but does not include permission in principle ”.

41

(1) Schedule 1 (local planning authorities: distribution of functions) is amended as follows.

(2) In paragraph 3(1)(a), after “planning permission” insert “ or permission in principle ”.

(3) In paragraph 4(2), after “application for planning permission” insert “ or permission in principle ”.

(4) In paragraphs 7(1), 8(1) and 8(2)(b)(i), 11(1)(a), 16(2)(a) and 18, after “planning permission” insert “ or permission in principle ”.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

42

(1) In section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (general duty as respects listed buildings in exercise of planning functions) in subsection (1), after “planning permission” insert “ or permission in principle ”.

43

In section 91(2) of that Act (expressions that have the same meaning as in the principal Act), at the appropriate place insert—

permission in principle

Commons Act 2006 (c. 26)

44

(1) Schedule 1A to the Commons Act 2006 (exclusion of right under section 15) is amended as follows.

(2) In the first column of the Table, in paragraphs 1 and 2, after “An application for planning permission” insert “ , or permission in principle, ”.

(3) In the second column of the Table, in paragraphs 1(c) and 2(c), after “planning permission” insert “ or permission in principle ”.

SCHEDULE 13

SCHEDULE 14

Defence Act 1842 (5 & 6 Vict c. 94)

1

In section 16 of the Defence Act 1842, at the end insert—

(3) A person may not be authorised under subsection (1) to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).

Coast Protection Act 1949 (12 & 13 Geo 6 c. 74)

2

In section 25 of the Coast Protection Act 1949, after subsection (1) insert—

(1A) A person may not be authorised under subsection (1) to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).

National Parks and Access to the Countryside Act 1949 (12, 13 & 14 Geo 6 c. 97)

3

(1) Section 108 of the National Parks and Access to the Countryside Act 1949 is amended as follows.

(2) In subsection (1)(a), after “therein” insert “ in relation to land in Scotland ”.

(3) After subsection (1) insert—

(1A) A person may not be authorised under subsection (1) to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).

Land Powers (Defence) Act 1958 (6 & 7 Eliz 2 c. 30)

4

In section 21 of the Land Powers (Defence) Act 1958, after subsection (1) insert—

(1A) A person may not be authorised under subsection (1) to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).

Caravan Sites and Control of Development Act 1960 (8 & 9 Eliz 2 c. 62)

5

In section 26 of the Caravan Sites and Control of Development Act 1960, after subsection (1) insert—

(1A) A person may not be authorised under subsection (1) to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).

Compulsory Purchase Act 1965 (c. 56)

6

In section 11(3) of the Compulsory Purchase Act 1965 for “surveying and taking levels” substitute “ surveying, valuing or taking levels ”.

Criminal Justice Act 1972 (c. 71)

7

In the Criminal Justice Act 1972 omit section 60.

Welsh Development Agency Act 1975 (c. 70)

8

In Schedule 4 to the Welsh Development Agency Act 1975 omit paragraph 14(1).

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

9

In the Local Government (Miscellaneous Provisions) Act 1976 omit section 15.

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

10

In section 43 of the Ancient Monuments and Archaeological Areas Act 1979, for subsection (1) substitute—

(1) Any person authorised under this section may at any reasonable time enter any land in Scotland for the purpose of surveying it, or estimating its value, in connection with any proposal to acquire that or any other land under this Act or in connection with any claim for compensation under this Act in respect of any such acquisition. (1A) Any person authorised under this section may at any reasonable time enter any land in England and Wales or Scotland for the purpose of surveying it, or estimating its value, in connection with any claim for compensation under this Act for any damage to that or any other land. (1B) See section 172 of the Housing and Planning Act 2016 for a power to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land.

Local Government, Planning and Land Act 1980 (c. 65)

11

(1) Section 167 of the Local Government, Planning and Land Act 1980 is amended as follows.

(2) In the heading, after “land” insert “ in Scotland ”.

(3) In subsection (1)—

(a) in paragraph (a) after “any land” insert “ in Scotland ”;

(b) in paragraph (b) after “other land” insert “ in Scotland ”.

(4) In subsection (7)—

(a) for the words before paragraph (a) substitute “ Where it is proposed to search or bore in pursuance of this section in a road within the meaning of Part 4 of the New Roads and Street Works Act 1991— ”;

(b) in paragraph (a) omit “55 or”;

(d) in paragraph (c) omit “82 or”;

(e) for the words after paragraph (c) substitute “ have effect in relation to the searching or boring as if they were road works within the meaning of Part 4 of that Act. ”

(5) In subsection (9)—

(a) for “Upper Tribunal” substitute “ Lands Tribunal for Scotland ”;

(b) for the words from “section 4” to “costs)” substitute “ sections 9(2) to (5) and 11 of the Land Compensation (Scotland) Act 1963 (procedure and expenses) ”.

(6) Omit subsection (13).

Highways Act 1980 (c. 66)

12

In section 289 of the Highways Act 1980, after subsection (1) insert—

(1A) A person may not be authorised under subsection (1) to enter and survey or value land in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).

New Towns Act 1981 (c. 64)

13

In section 73(1) of the New Towns Act 1981 omit paragraph (b) (and the “or” before it).

Civil Aviation Act 1982 (c. 16)

14

(1) Section 50 of the Civil Aviation Act 1982 is amended as follows.

(2) In subsection (1), for paragraph (e) substitute—

(e) in any case not falling within paragraphs (a) to (d) above where the Secretary of State has made an order under or in pursuance of this Part of this Act— (i) authorising the compulsory purchase of land, (ii) providing for the creation in favour of a particular person of a right in or in relation to land, or (iii) declaring that an area of land shall be subject to control by directions. (f) in any case not falling within paragraphs (a) to (d) above where the Secretary of State is considering making an order under or in pursuance of this Part of this Act— (i) authorising the compulsory purchase of land in Scotland or Northern Ireland, (ii) providing for the creation in favour of a particular person of a right in or in relation to land in Scotland or Northern Ireland, or (iii) declaring that an area of land in England and Wales, Scotland or Northern Ireland shall be subject to control by directions.

(3) In subsection (3)(e), after “(1)(e)” insert “ or (f) ”.

(4) In subsection (4)(b), after “(1)(e)” insert “ or (f) ”.

(5) In subsection (7)(c), after “(1)(e)” insert “ or (f) ”.

Industrial Development Act 1982 (c. 52)

15

In section 14 of the Industrial Development Act 1982 omit subsection (6).

Housing Act 1985 (c. 68)

16

In section 54 of the Housing Act 1985, after subsection (2) insert—

(3) A person may not be authorised by a local housing authority under subsection (1)(a) to enter and survey or value land in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).

Local Government and Housing Act 1989 (c. 42)

17

In section 97 of the Local Government and Housing Act 1989, after subsection (1) insert—

(1A) A person may not be authorised by a local housing authority under subsection (1)(a) to enter and survey or value land in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).

Electricity Act 1989 (c. 29)

18

In Schedule 4 to the Electricity Act 1989, in paragraph 10, after sub-paragraph (1) insert—

(1A) A person may not be authorised under sub-paragraph (1) to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).

Town and Country Planning Act 1990 (c. 8)

19

In section 324 of the Town and Country Planning Act 1990 omit subsection (6).

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

20

In section 88 of the Planning (Listed Buildings and Conservation Areas) Act 1990 omit subsection (5).

Land Drainage Act 1991 (c. 59)

21

In section 64 of the Land Drainage Act 1991, after subsection (1) insert—

(1A) A person may not be authorised under subsection (1)(a) or (b) to enter and survey or value land in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).

Water Industry Act 1991 (c. 56)

22

(1) Section 169 of the Water Industry Act 1991 is amended as follows.

(2) In subsection (2) omit paragraph (a) (and the “or” at the end of it).

(3) In subsection (4), for the words before paragraph (a) substitute “ The powers conferred by this section or section 172 of the Housing and Planning Act 2016 shall not be exercised on behalf of a water undertaker in any case for purposes connected with the determination of— ”.

Water Resources Act 1991 (c. 57)

23

(1) Section 171 of the Water Resources Act 1991 is amended as follows.

(2) In subsection (2) omit paragraph (a) (and the “or” at the end of it).

(3) In subsection (4), for the words before paragraph (a) substitute “ The powers conferred by this section or section 172 of the Housing and Planning Act 2016 shall not be exercised on behalf of the Agency or the NRBW in any case for purposes connected with the determination of— ”.

Environment Act 1995 (c. 25)

24

(1) Schedule 8 to the Environment Act 1995 is amended as follows.

(2) In paragraph 1(2) omit paragraph (b).

(3) In paragraph 2(3)—

(a) at the end of paragraph (a) insert “ and ”;

(b) omit paragraph (c) (and the “and” before it).

Greater London Authority Act 1999 (c. 29)

25

In the Greater London Authority Act 1999 omit section 333ZD.

Postal Services Act 2000 (c. 26)

26

In Schedule 6 to the Postal Services Act 2000, in paragraph 2, after sub-paragraph (2) insert—

(2A) A person may not be authorised under sub-paragraph (1) to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).

Housing and Regeneration Act 2008 (c. 17)

27

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