Search Legislation

Localism Act 2011

Status:

This is the original version (as it was originally enacted).

155Flexible tenancies: other amendments
This section has no associated Explanatory Notes

(1)In section 83(1) of the Housing Act 1985 (proceedings for possession of dwelling-house let on a secure tenancy: notice requirements) after “section 82(1A)” insert “, other than proceedings under section 107D (recovery of possession on expiry of flexible tenancy),”.

(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 tenancysection 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.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources