115BMeaning of “flexible tenancy”

1

For the purposes of this Act, a flexible tenancy is a secure tenancy to which any of the following subsections applies.

2

This subsection applies to a secure tenancy if—

a

it was granted by a landlord in England for a fixed term of not less than two years,

b

it was granted before the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 came fully into force, and

c

before it was granted the person who became the landlord under the tenancy served a written notice on the person who became the tenant under the tenancy stating that the tenancy would be a flexible tenancy.

3

This subsection applies to a secure tenancy if—

a

it became a secure tenancy by virtue of a notice under paragraph 4ZA(2) of Schedule 1 (family intervention tenancies becoming secure tenancies),

b

the notice was given before the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 came fully into force,

c

the landlord under the family intervention tenancy in question was a local housing authority in England,

d

the family intervention tenancy was granted to a person on the coming to an end of a flexible tenancy under which the person was a tenant,

e

the notice states that the tenancy is to become a secure tenancy that is a flexible tenancy for a fixed term of the length specified in the notice, and sets out the other express terms of the tenancy, and

f

the length of the term specified in the notice is at least two years.

4

The length of the term of a flexible tenancy that becomes such a tenancy by virtue of subsection (3) is that specified in the notice under paragraph 4ZA(2) of Schedule 1.

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.

6

This subsection applies to a secure tenancy if—

a

it is created by virtue of section 137A of the Housing Act 1996 (introductory tenancies becoming flexible tenancies), or

b

it arises by virtue of section 143MA or 143MB of that Act (demoted tenancies becoming flexible tenancies).”

115CMeaning of “old-style secure tenancy” in England

In this Part “old-style secure tenancy” means a secure tenancy of a dwelling-house in England that—

a

is a secure tenancy, other than a flexible tenancy, granted before the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 came fully into force,

b

is a secure tenancy granted on or after that date that contains an express term stating that it is an old-style secure tenancy, or

c

is a tenancy that arose by virtue of section 86 on the coming to an end of a secure tenancy within paragraph (a) or (b).