PART 4 E+W+S+N.I.Social housing in England

Prospective

CHAPTER 6E+WSecure tenancies etc.

121Secure and assured tenancies: transfer of tenancyE+W

(1)The Localism Act 2011 is amended as follows.

(2)In section 158 of the Localism Act 2011 (secure and assured tenancies: transfer of tenancy)—

(a)in subsection (3)(a), for “not a flexible tenancy” substitute “ an old-style secure tenancy ”;

(b)in subsection (4)(a), for “is a flexible tenancy” substitute “ is not an old-style secure tenancy ”;

(c)omit subsection (6);

(d)in subsection (7), for “fifth” substitute “ fourth ”;

(e)for subsections (8) and (9) substitute—

(8)The new tenancy is to be granted on whatever terms the landlord determines.

(9)A landlord must, on request by a relevant tenant, inform the tenant of the terms on which a new tenancy will be granted to that tenant.

(9A)Subsection (9B) applies in a case where—

(a)the request was made before section 121 of the Housing and Planning Act 2016 came into force, and

(b)one or more of the landlords had not yet complied with the request when that section came into force.

(9B)In that case any new tenancy granted in pursuance of this section to a relevant tenant whose existing tenancy is an old-style secure tenancy, or an assured tenancy that is not an assured shorthold tenancy, must be—

(a)an old-style secure tenancy, or

(b)an assured tenancy that is not an assured shorthold tenancy,

according to the landlord's capacity to grant a tenancy of either kind.

(3)In section 159 (interpretation of section 158 etc), in subsection (6), omit paragraph (b).