Housing and Planning Act 2016

Housing Act 1985 (c. 68)

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

(2) After paragraph 1 insert—

“Certain English tenancies that were not secure tenancies when originally granted

1ZA A tenancy of a dwelling-house in England cannot become a secure tenancy if—

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

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

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

(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.”