Housing and Planning Act 2016

Housing Act 1985 (c. 68)

This section has no associated Explanatory Notes

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.