PART 7

Miscellaneous and general

Secure tenancies

Grant of secure tenancies in cases of domestic abuse
79
1
Part 4 of the Housing Act 1985 (secure tenancies and rights of secure tenants) is amended as follows.
2
After section 81 insert—

Grant of secure tenancies in cases of domestic abuse
81ZA
1
This section applies where a local housing authority grants a secure tenancy of a dwelling-house in England before the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 (grant of new secure tenancies in England) comes fully into force.
2
The local housing authority must grant a secure tenancy that is not a flexible tenancy if—
a
the tenancy is offered to a person who is or was a tenant of some other dwelling-house under a qualifying tenancy (whether as the sole tenant or as a joint tenant), and
b
the authority is satisfied that—
i
the person or a member of the person’s household is or has been a victim of domestic abuse carried out by another person, and
ii
the new tenancy is granted for reasons connected with that abuse.
3
The local housing authority must grant a secure tenancy that is not a flexible tenancy if—
a
the tenancy is offered to a person who was a joint tenant of the dwelling-house under a qualifying tenancy, and
b
the authority is satisfied that—
i
the person or a member of the person’s household is or has been a victim of domestic abuse carried out by another person, and
ii
the new tenancy is granted for reasons connected with that abuse.
4
In this section—
- “abuse” means—
  1. physical or sexual abuse;
  2. violent or threatening behaviour;
  3. controlling or coercive behaviour;
  4. economic abuse (within the meaning of section 1(4) of the Domestic Abuse Act 2021);
  5. psychological, emotional or other abuse;
- “domestic abuse” means abuse carried out by a person who is personally connected to the victim of the abuse (within the meaning of section 2 of the Domestic Abuse Act 2021);
- “qualifying tenancy” means a tenancy of a dwelling-house in England which is—
  1. a secure tenancy other than a flexible tenancy, or
  2. an assured tenancy—
    1. which is not an assured shorthold tenancy, and
    2. which is granted by a private registered provider of social housing, by the Regulator of Social Housing or by a housing trust which is a charity.
5
For the purposes of this section, a person may be a victim of domestic abuse despite the fact that the abuse is directed at another person (for example, the person’s child).
3
In section 81B (cases where old-style English secure tenancies may be granted)—
a
in subsection (2C)—
i
for the definition of “abuse” substitute—
- “abuse” means—
  1. physical or sexual abuse;
  2. violent or threatening behaviour;
  3. controlling or coercive behaviour;
  4. economic abuse (within the meaning of section 1(4) of the Domestic Abuse Act 2021);
  5. psychological, emotional or other abuse;
;
ii
for the definition of “domestic abuse” substitute—
- “domestic abuse” means abuse carried out by a person who is personally connected to the victim of the abuse (within the meaning of section 2 of the Domestic Abuse Act 2021);
;
b
after subsection (2C) insert—
2D
For the purposes of this section, a person may be a victim of domestic abuse despite the fact that the abuse is directed at another person (for example, the person’s child).