Housing and Planning Act 2016

Housing Act 1996 (c. 52)

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.”