PART 7Housing
CHAPTER 2Social housing: tenure reform
Flexible tenancies
I1155Flexible tenancies: other amendments
F11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
In section 84(1) of that Act (grounds and orders for possession of dwelling-house let on a secure tenancy) at the end insert “
or in accordance with section 107D (recovery of possession on expiry of flexible tenancy)
”
.
3
In section 97 of that Act (tenant's improvements require consent) after subsection (4) insert—
5
In this section “secure tenancy” does not include a secure tenancy that is a flexible tenancy.
4
In section 99A of that Act (right to compensation for improvement) after subsection (8) insert—
9
In this section—
a
“secure tenancy” does not include a secure tenancy that is a flexible tenancy, and
b
“secure tenant” does not include a tenant under a secure tenancy that is a flexible tenancy.
5
In section 117 of that Act (index of defined expressions: Part 4) at the appropriate place insert—
flexible tenancy
section 107A
6
After section 137 of the Housing Act 1996 (introductory tenancies) insert—
Introductory tenancies that are to become flexible tenancies
137AIntroductory tenancies that are to become flexible tenancies
1
Where this section applies, a tenancy of a dwelling-house in England that ceases to be an introductory tenancy and becomes a secure tenancy in accordance with this Chapter becomes a flexible tenancy for a term certain.
2
This section applies if, before entering into or adopting the introductory tenancy, the person who became the landlord under the tenancy served a written notice on the person who was or became the tenant under the tenancy—
a
stating that, on ceasing to be an introductory tenancy, the tenancy would become a secure tenancy that would be a flexible tenancy for a term certain of the length specified in the notice,
b
specifying a period of at least two years as the length of the term of the tenancy, and
c
setting out the other express terms of the tenancy.
3
The length of the term of a flexible tenancy that becomes such a tenancy by virtue of this section is that specified in the notice under subsection (2).
4
The other express terms of the flexible tenancy are those set out in the notice, so far as those terms are compatible with the statutory provisions relating to flexible tenancies; and in this subsection “statutory provision” means any provision made by or under an Act.
7
After section 143M of that Act (demoted tenancies) insert—
Demoted tenancies that are to become flexible tenancies
143MADemoted tenancies that are to become flexible tenancies
1
Subsection (2) applies to a demoted tenancy of a dwelling-house in England that—
a
was created on the termination of a flexible tenancy within the meaning of section 107A of the Housing Act 1985, and
b
ceases to be a demoted tenancy and becomes a secure tenancy in accordance with this Chapter.
2
If the landlord has served a notice within subsection (3) on the tenant before the end of the demoted tenancy then, on ceasing to be a demoted tenancy, the tenancy becomes a secure tenancy for a term certain that is a flexible tenancy.
3
The notice must—
a
state that, on ceasing to be a demoted tenancy, the tenancy will become a secure tenancy that is a flexible tenancy for a term certain of the length specified in the notice,
b
specify a period of at least two years as the length of the term of the tenancy, and
c
set out the other express terms of the tenancy.
4
The length of the term of a flexible tenancy that becomes such a tenancy by virtue of this section is that specified in the notice under subsection (3).
5
The other express terms of the flexible tenancy are those set out in the notice, so far as those terms are compatible with the statutory provisions relating to flexible tenancies; and in this subsection “statutory provision” means any provision made by or under an Act.