(1)A local housing authority or a housing action trust may elect to operate an introductory tenancy regime.
(2)When such an election is in force, every periodic tenancy of a dwelling-house entered into or adopted by the authority or trust shall, if it would otherwise be a secure tenancy, be an introductory tenancy, unless 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
[F1(b)a tenant under a relevant assured tenancy, other than an assured shorthold tenancy, of the same or another dwelling-house.]
[F2(2A)In subsection (2)(b) “relevant assured tenancy” means—
(a)an assured tenancy in respect of social housing under which the landlord is a private registered provider of social housing, or
(b)an assured tenancy under which the landlord is a registered social landlord;
and for these purposes “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008.]
(3)Subsection (2) does not apply to a tenancy entered into or adopted in pursuance of a contract made before the election was made.
(4)For the purposes of this Chapter a periodic tenancy is adopted by a person if that person becomes the landlord under the tenancy, whether on a disposal or surrender of the interest of the former landlord.
(5)An election under this section may be revoked at any time, without prejudice to the making of a further election.
Textual Amendments
F1S. 124(2)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 96(2) (with art. 6, Sch. 3)
F2S. 124(2A) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 96(3) (with art. 6, Sch. 3)
Modifications etc. (not altering text)
C1S. 124 modified (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(b), Sch. 7 para. 12(6)(b) (with Sch. 7 para. 12(9)); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)
C2S. 124 modified (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(b), Sch. 7 para. 4(6)(b); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)