PART 7

Housing
CHAPTER 2

Social housing: tenure reform

Other provisions relating to tenancies of social housing

Secure and assured tenancies: transfer of tenancy
158
1
This section applies if the tenants (“the relevant tenants”) under two or more tenancies of dwelling-houses in England (“the existing tenancies”) make a request in writing to the landlord under each existing tenancy asking the landlord to—
a
permit the relevant tenant or tenants under the existing tenancy to surrender it, and
b
grant a new tenancy of the dwelling-house let under the tenancy to another relevant tenant or other relevant tenants.
2
The landlord must comply with the request if the following conditions are met.
3
The first condition is that at least one of the existing tenancies is—
a
a secure tenancy that is not a flexible tenancy, or
b
an assured tenancy—
i
which is not an assured shorthold tenancy, and
ii
under which the landlord is the Regulator of Social Housing, a private registered provider of social housing or a housing trust which is a charity.
4
The second condition is that at least one of the existing tenancies is—
a
a secure tenancy that is a flexible tenancy, or
b
an assured shorthold tenancy under which the landlord is the Regulator of Social Housing, a private registered provider of social housing or a housing trust which is a charity.
5
The third condition is that the remaining existing tenancies (if any) fall within subsection (3) or (4).
6
The fourth condition is that at least one of the existing tenancies to which subsection (3) applies was granted before the day on which this section came into force.
7
The fifth condition is that none of the landlords under the existing tenancies has refused to comply with the request (and see further section 159).
8
Subsection (9) applies where a relevant tenant's existing tenancy is—
a
a secure tenancy that is not a flexible tenancy, or
b
an assured tenancy that is not an assured shorthold tenancy.
9
The new tenancy granted to the relevant tenant pursuant to this section must be—
a
a secure tenancy that is not a flexible 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.
10
The Secretary of State may by regulations provide that this section does not apply in relation to an assured shorthold tenancy of a kind specified in the regulations.
S. 158 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 4(1)(q) (with arts. 6, 7, arts. 9-11)
S. 158 excluded (E.) (1.4.2012) by The Transfer of Tenancies and Right to Acquire (Exclusion) Regulations 2012 (S.I. 2012/696), regs. 1(1), 3
S. 158 in force at 1.4.2012 in so far as not already in force by S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)