66 Duties to persons found to be threatened with homelessness.
(1) This section has effect as regards the duties owed by the local housing authority to an applicant where they are satisfied that he is threatened with homelessness.
(2) Where they are satisfied that he has a priority need and are not satisfied that he became threatened with homelessness intentionally, they shall take reasonable steps to secure that accommodation does not cease to be available for his occupation.
(3) Where—
(a) they are not satisfied that he has a priority need, or
(b) they are satisfied that he has a priority need but are also satisfied that he became threatened with homelessness intentionally,
they shall furnish him with advice and such assistance as they consider appropriate in the circumstances in any attempts he may make to secure that accommodation does not cease to be available for his occupation.
(4) Subsection (2) does not affect any right of the local housing authority, whether by virtue of a contract, enactment or rule of law, to secure vacant possession of accommodation.
67 Referral of application to another local housing authority.
(1) If the local housing authority—
(a) are satisfied that an applicant is homeless and has a priority need, and are not satisfied that he became homeless intentionally, but
(b) are of opinion that the conditions are satisfied for referral of his application to another local housing authority in England, Wales or Scotland, they may notify that other authority of the fact that his application has been made and that they are of that opinion.
(2) The conditions for referral of an application to another local housing authority are—
(a) that neither the applicant nor any person who might reasonably be expected to reside with him has a local connection with the district of the authority to whom his application was made,
(b) that the applicant or a person who might reasonably be expected to reside with him has a local connection with the district of that other authority, and
(c) that neither the applicant nor any person who might reasonably be expected to reside with him will run the risk of domestic violence in that other district.
(3) For this purpose a person runs the risk of domestic violence—
(a) if he runs the risk of violence from a person with whom, but for the risk of violence, he might reasonably be expected to reside, or from a person with whom he formerly resided, or
(b) if he runs the risk of threats of violence from such a person which are likely to be carried out.
(4) The question whether the conditions for referral of an application are satisfied shall be determined by agreement between the notifying authority and the notified authority or, in default of agreement, in accordance with such arrangements as the Secretary of State may direct by order made by statutory instrument.
(5) An order may direct that the arrangements shall be—
(a) those agreed by any relevant authorities or associations of relevant authorities, or
(b) in default of such agreement, such arrangements as appear to the Secretary of State to be suitable, after consultation with such associations representing relevant authorities, and such other persons, as he thinks appropriate.
(6) No order shall be made unless a draft of the order has been approved by resolution of each House of Parliament.
68 Duties to persons whose applications are referred.
(1) Where, in accordance with section 67(1), a local housing authority notify another authority of an application, the notifying authority shall secure that accommodation is available for occupation by the applicant until it is determined whether the conditions for referral of his application to the other authority are satisfied.
(2) If it is determined that the conditions for referral are satisfied, the notified authority shall secure that accommodation becomes available for occupation by the applicant; if it is determined that the conditions are not satisfied, the notifying authority shall secure that accommodation becomes available for occupation by him.
(3) When the matter has been determined, the notifying authority shall notify the applicant—
(a) whether they or the notified authority are the authority whose duty it is to secure that accommodation becomes available for his occupation, and
(b) of the reasons why the authority subject to that duty are subject to it.
(4) The notice required to be given to a person under subsection (3) shall be given in writing and shall, if not received by him, be treated as having been given to him only if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.
(1) A local housing authority may perform any duty under section 65 or 68 (duties to persons found to be homeless) to secure that accommodation becomes available for the occupation of a person—
(a) by making available suitable accommodation held by them under Part II (provision of housing) or any enactment, or
(b) by securing that he obtains suitable accommodation from some other person, or
(c) by giving him such advice and assistance as will secure that he obtains suitable accommodation from some other person,
and in determining whether accommodation is suitable they shall have regard to Part IX (slum clearance), X (overcrowding) and XI (houses in multiple occupation) of this Act.
(2) A local housing authority may require a person to whom they were subject to a duty under section 63, 65 or 68 (interim duty to accommodate pending inquiries and duties to persons found to be homeless)—
(a) to pay such reasonable charges as they may determine in respect of accommodation which they secure for his occupation (either by making it available themselves or otherwise), or
(b) to pay such reasonable amount as they may determine in respect of sums payable by them for accommodation made available by another person.
70 Protection of property of homeless persons and persons threatened with homelessness.
(1) This section applies where a local housing authority have reason to believe that an applicant is homeless or threatened with homelessness (or, in the case of an applicant to whom they owe a duty under section 63 (interim duty to accommodate pending inquiries), that he may be homeless) and that—
(a) there is a danger of loss of, or danger to, any personal property of his by reason of his inability to protect it or deal with it, and
(b) no other suitable arrangements have been or are being made.
(2) If the authority have become subject to a duty towards the applicant under section 63, 65(2) or (3)(a), 66(2) or 68 (duty to accommodate during inquiries and duties to persons found to be homeless or threatened with homelessness), then, whether or not they are still subject to such a duty, they shall take reasonable steps to prevent the loss of the property or prevent or mitigate damage to it; and if they have not become subject to such a duty, they may take any steps they consider reasonable for that purpose.
(3) The authority may for the purposes of this section—
(a) enter, at all reasonable times, any premises which are the usual place of residence of the applicant or which were his last usual place of residence, and
(b) deal with any personal property of his in any way which is reasonably necessary, in particular by storing it or arranging for its storage.
(4) The authority may decline to take action under this section except upon such conditions as they consider appropriate in the particular case, which may include conditions as to—
(a) the making and recovery by the authority of reasonable charges for the action taken, or
(b) the disposal by the authority, in such circumstances as may be specified, of property in relation to which they have taken action.
(5) When in the authority’s opinion there is no longer any reason to believe that there is a danger of loss of or damage to a person’s personal property by reason of his inability to protect it or deal with it, the authority cease to have any duty or power to take action under this section; but property stored by virtue of their having taken such action may be kept in store and any conditions upon which it was taken into store continue to have effect, with any necessary modifications.
(6) Where the authority—
(a) cease to be subject to a duty to take action under this section in respect of an applicant’s property, or
(b) cease to have power to take such action, having previously taken such action,
they shall notify the applicant of that fact and of the reason why they are of opinion that there is no longer any reason to believe that there is a danger of loss of or damage to his personal property by reason of his inability to protect it or deal with it.
(7) The notification shall be given to the applicant—
(a) by delivering it to him, or
(b) by leaving it, or sending it to him, at his last known address.
(8) References in this section to personal property of the applicant include personal property of any person who might reasonably be expected to reside with him.
71 Guidance to authorities by the Secretary of State.
(1) In relation to homeless persons and persons threatened with homelessness, a relevant authority shall have regard in the exercise of their functions to such guidance as may from time to time be given by the Secretary of State.
(2) The Secretary of State may given guidance either generally or to specified descriptions of authorities.
Where a local housing authority—
(a) request another local housing authority in England, Wales or Scotland, a new town corporation, a registered social landlorda housing action trust or Scottish Homes to assist them in the discharge of their functions under sections 62, 63, 65 to 67 and 68(1) and (2) (which relate to homelessness and threatened homelessness as such),
(b) request a social services authority in England, Wales or Scotland to exercise any of their functions in relation to a case which the local housing authority are dealing with under those provisions, or
(c) request another local housing authority in England, Wales or Scotland to assist them in the discharge of their functions under section 70 (protection of property of homeless persons and persons threatened with homelessness),
the authority or other body to whom the request is made shall co-operate in rendering such assistance in the discharge of the functions to which the request relates as is reasonable in the circumstances.
73 Financial and other assistance for voluntary organisations concerned with homelessness.
(1) The Secretary of State, with the consent of the Treasury, may, upon such terms and subject to such conditions as he may determine, give to a voluntary organisation concerned with homelessness, or with matters relating to homelessness, assistance by way of grant or loan.
(2) A local housing authority may, upon such terms and subject to such conditions as they may determine, give to such a voluntary organisation such assistance as is mentioned in subsection (1), and may also assist such an organisation by—
(a) permitting them to use premises belonging to the authority upon such terms and subject to such conditions as may be agreed,
(b) making available furniture or other goods, whether by way of gift, loan or otherwise, and
(c) making available the services of staff employed by the authority.
(3) No assistance shall be given under subsection (1) or (2) unless the voluntary organisation first give an undertaking—
(a) that they will use the money, furniture or other goods or premises made available to them for a specified purpose, and
(b) that they will, if the person giving the assistance serves notice on them requiring them to do so, furnish, within the period of 21 days beginning with the date on which the notice is served, a certificate giving such information as may reasonably be required by the notice with respect to the manner in which the assistance given to them is being used.
(4) The conditions subject to which assistance is given under this section shall in all cases include, in addition to any conditions determined or agreed under subsection (1) or (2), conditions requiring the voluntary organisation to—
(a) keep proper books of account and have them audited in such manner as may be specified,
(b) keep records indicating how they have used the money, furniture or other goods or premises made available to them, and
(c) submit the books of account and records for inspection by the person giving the assistance.
(5) If it appears to the person giving the assistance that the voluntary organisation have failed to carry out their undertaking as to the purpose for which the assistance was to be used, he shall take all reasonable steps to recover from the organisation an amount equal to the amount of the assistance; but no sum is so recoverable unless he has first served on the voluntary organisation a notice specifying the amount which in his opinion is recoverable and the basis on which that amount has been calculated.
74 False statements, withholding information and failure to disclose change of circumstances.
(1) If a person with intent to induce a local housing authority to believe, in connection with the exercise of their functions under this Part, that he or another person—
(a) is homeless or threatened with homelessness, or
(b) has a priority need, or
(c) did not become homeless or threatened with homelessness intentionally,
knowingly or recklessly makes a statement which is false in a material particular, or knowingly withholds information which the authority have reasonably required him to give in connection with the exercise of those functions, he commits a summary offence.
(2) If before an applicant receives notification of the local housing authority’s decision on his application there is any change of facts material to his case, he shall notify the authority as soon as possible; and the authority shall explain to every applicant, in ordinary language, the duty imposed on him by this subsection and the effect of subsection (3).
(3) A person who fails to comply with subsection (2) commits a summary offence unless he shows that he was not given the explanation required by that subsection or that he had some other reasonable excuse for non-compliance.
(4) A person guilty of an offence under this section is liable on conviction to a fine not exceeding level 4 on the standard scale.
75 Meaning of accommodation available for occupation.
For the purposes of this Part accommodation shall be regarded as available for a person’s occupation only if it is available for occupation both by him and by any other person who might reasonably be expected to reside with him; and references to securing accommodation for a person’s occupation shall be construed accordingly.
76 Application of this Part to cases arising in Scotland.
(1) Sections 67 and 68 (referral of application to another local housing authority and duties to persons whose applications are referred) apply—
(a) to applications referred by a housing authority in Scotland in pursuance of section 5(1) of the Housing (Homeless Persons) Act 197733 and 34 of the Housing (Scotland) Act 1987, and
(b) to persons whose applications are so transferred,
as they apply to cases arising under this Part.
(2) Section 72 (duty of other authorities to co-operate with local housing authority) applies to a request by a housing authority in Scotland under section 9(1) of the Housing (Homeless Persons) Act 197738 of the Act of 1987 as it applies to a request by a local housing authority in England or Wales.
(3) In this Part, in relation to Scotland—
(a) “local housing authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 and references to the district of such an authority are to the area of that council,
(b) “social services authority” means a local authority for the purposes of the Social Work (Scotland) Act 1968, that is to say, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
and in section 72(a) (requests for co-operation) “new town corporation” includes a development corporation established under the New Towns (Scotland) 1968.
In this Part—
“relevant authority” means a local housing authority or social services authority;
“social services authority” means a local authority for the purposes of the Local Authority Social Services Act 1970, as defined in section 1 of that Act;
“voluntary organisation” means a body, not being a public or local authority, whose activities are carried on otherwise than for profit.
The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section):—
accommodation available for occupation | section 75.
applicant (for housing accommodation) | section 62(1).
district (of a local housing authority) | sections 2(1) and 76(3).
homeless | sections 58(1) to (3).
housing association | section 5(1).
intentionally homeless or threatened with homelessness | section 60.
local connection (in relation to the district of a local housing authority) | section 61.
local housing authority (in England and Wales)(in Scotland) | section 1, 2(2).
section 76(3).
new town corporation | sections 4(b) and 76(3).
priority need (for accommodation) | section 59.
registered social landlord | section 5(4) and (5) .
regular armed forces of the Crown | section 622.
relevant authority | section 77.
securing accommodation for a person’s occupation | section 75.
social services authority | sections 76(3) and 77.
standard scale (in reference to the maximum fine on summary conviction) | section 622.
threatened with homelessness | section 58(4).
voluntary organisation | section 77.
(1) A tenancy under which a dwelling-house in England is let as a separate dwelling is a secure tenancy at any time when the conditions described in sections 80 and 81 as the landlord condition and the tenant condition are satisfied.
(2) Subsection (1) has effect subject to—
(a) the exceptions in Schedule 1 (tenancies which are not secure tenancies),
(b) sections 89(3) and (4) and 90(3) and (4) (tenancies ceasing to be secure after death of tenant), and
(c) sections 91(2) and 93(2) (tenancies ceasing to be secure in consequence of assignment of subletting).
(3) The provisions of this Part apply in relation to a licence to occupy a dwelling-house in England (whether or not granted for a consideration) as they apply in relation to a tenancy.
(4) Subsection (3) does not apply to a licence granted as a temporary expedient to a person who entered the dwelling-house or any other land as a trespasser (whether or not, before the grant of that licence, another licence to occupy that or another dwelling-house had been granted to him).
(1) The landlord condition is that the interest of the landlord belongs to one of the following authorities or bodies—
a local authority,
a development corporation,
a housing action trust
a Mayoral development corporation,
an urban development corporation, in the case of a tenancy falling within subsections (2A) to (2E), the Homes and Communities Agency , the Greater London Authority or the Welsh Ministers (as the case may be),
. . .
. . .
. . .
. . . housing co-operative to which this section applies.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2A) A tenancy falls within this subsection if the interest of the landlord is transferred to—
(a) the Homes and Communities Agency as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008,
(aa) the Greater London Authority as mentioned in section 333ZI(2)(a) to (d) of the Greater London Authority Act 1999, or
(b) the Welsh Ministers as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.
(2B) A tenancy falls within this subsection if it is entered into pursuant to a contract under which the rights and liabilities of the prospective landlord are transferred to the Homes and Communities Agency , the Greater London Authority or the Welsh Ministers as mentioned in subsection (2A)(a), (aa) or (b) (as the case may be).
(2C) A tenancy falls within this subsection if it is granted by the Homes and Communities Agency , the Greater London Authority or the Welsh Ministers to a person (alone or jointly with others) who, immediately before it was entered into, was a secure tenant of the Homes and Communities Agency , the Greater London Authority or the Welsh Ministers (as the case may be).
(2D) A tenancy falls within this subsection if—
(a) it is granted by the Homes and Communities Agency , the Greater London Authorityor the Welsh Ministers to a person (alone or jointly with others),
(b) before the grant of the tenancy, an order for possession of a dwelling-house let under a secure tenancy was made against the person (alone or jointly with others) and in favour of the Homes and Communities Agency , the Greater London Authority or the Welsh Ministers (as the case may be) on the court being satisfied as mentioned in section 84(2)(b) or (c), and
(c) the tenancy is of the premises which constitute the suitable accommodation as to which the court was so satisfied.
(2E) A tenancy falls within this subsection if it is granted by the Homes and Communities Agency , the Greater London Authority or the Welsh Ministers pursuant to an obligation under section 554(2A).
(3) If a co-operative housing association ceases to be a private registered provider of social housing or a registered social landlord, it shall, within the period of 21 days beginning with the date on which it ceases to be such a body, notify each of its tenants who thereby becomes a secure tenant, in writing, that he has become a secure tenant.
(4) This section applies to a housing co-operative within the meaning of section 27B (agreements under certain superseded provisions) where the dwelling-house is comprised in a housing co-operative agreement within the meaning of that section.
(5) In this Act and in any provision made under this Act, or made by or under any other enactment, a reference to—
(a) a person within section 80 or 80(1) of this Act, or
(b) a person who satisfies the landlord condition under this section,
includes a reference to the Homes and Communities Agency , to the Greater London Authority or to the Welsh Ministers so far as acting in their capacity as landlord (or, in the case of disposals, former landlord) in respect of a tenancy which falls within subsections (2A) to (2E) above but, subject to this, does not include the Homes and Communities Agency , the Greater London Authority or the Welsh Ministers.
(6) Subsection (5)—
(a) applies whether the person is described as an authority, body or landlord or in any other way and whether the reference is otherwise expressed in a different way, and
(b) is subject to any provision to the contrary.
The tenant condition is that the tenant is an individual and occupies the dwelling-house as his only or principal home; or, where the tenancy is a joint tenancy, that each of the joint tenants is an individual and at least one of them occupies the dwelling-house as his only or principal home.
81ZA Grant of secure tenancies in cases of domestic abuse
(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—
physical or sexual abuse;
violent or threatening behaviour;
controlling or coercive behaviour;
economic abuse (within the meaning of section 1(4) of the Domestic Abuse Act 2021);
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—
a secure tenancy other than a flexible tenancy, or
an assured tenancy—
which is not an assured shorthold tenancy, and
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).
(1) A secure tenancy which is either—
(a) a weekly or other periodic tenancy, or
(b) a tenancy for a term certain but subject to termination by the landlord,
cannot be brought to an end by the landlord except asmentioned in subsection (1A) .
(1A) The tenancy may be brought to an end by the landlord—
(a) obtaining—
(i) an order of the court for the possession of the dwelling-house, and
(ii) the execution of the order,
(b) obtaining an order under subsection (3), or
(c) obtaining a demotion order under section 82A.
(2) In the case mentioned in subsection (1A)(a), the tenancy ends when the order is executed.
(3) Where a secure tenancy is a tenancy for a term certain but with a provision for re-entry or forfeiture, the court shall not order possession of the dwelling-house in pursuance of that provision, but in a case where the court would have made such an order it shall instead make an order terminating the tenancy on a date specified in the order and section 86 (periodic tenancy arising on termination of fixed term) shall apply.
(4) Section 146 of the Law of Property Act 1925 (restriction on and relief against forfeiture), except subsection (4) (vesting in under-lessee), and any other enactment or rule of law relating to forfeiture, shall apply in relation to proceedings for an order under subsection (3) of this section as if they were proceedings to enforce a right of re-entry or forfeiture.
(1) This section applies to a secure tenancy if the landlord is—
(a) a local housing authority;
(b) a housing action trust;
(ba) a private registered provider of social housing;
(c) a registered social landlord.
(2) The landlord may apply to the county court for a demotion order.
(3) A demotion order has the following effect—
(a) the secure tenancy is terminated with effect from the date specified in the order;
(b) if the tenant remains in occupation of the dwelling-house after that date a demoted tenancy is created with effect from that date;
(c) it is a term of the demoted tenancy that any arrears of rent payable at the termination of the secure tenancy become payable under the demoted tenancy;
(d) it is also a term of the demoted tenancy that any rent paid in advance or overpaid at the termination of the secure tenancy is credited to the tenant’s liability to pay rent under the demoted tenancy.
(4) The court must not make a demotion order unless it is satisfied—
(a) that the tenant or a person residing in or visiting the dwelling-house has engaged or has threatened to engage in—
(i) conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and that directly or indirectly relates to or affects the landlord's housing management functions, or
(ii) conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose, and
(b) that it is reasonable to make the order.
(5) Each of the following has effect in respect of a demoted tenancy at the time it is created by virtue of an order under this section as it has effect in relation to the secure tenancy at the time it is terminated by virtue of the order—
(a) the parties to the tenancy;
(b) the period of the tenancy;
(c) the amount of the rent;
(d) the dates on which the rent is payable.
(6) Subsection (5)(b) does not apply if the secure tenancy was for a fixed term and in such a case the demoted tenancy is a weekly periodic tenancy.
(7) If the landlord of the demoted tenancy serves on the tenant a statement of any other express terms of the secure tenancy which are to apply to the demoted tenancy such terms are also terms of the demoted tenancy.
(7A) In subsection (4)(a)(ii) “housing accommodation” includes—
(a) flats, lodging-houses and hostels;
(b) any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it;
(c) any common areas used in connection with the accommodation.
(8) For the purposes of this section a demoted tenancy is—
(a) a tenancy to which section 143A of the Housing Act 1996 applies if the landlord of the secure tenancy is a local housing authority or a housing action trust;
(b) a tenancy to which section 20B of the Housing Act 1988 applies if the landlord of the secure tenancy is a private registered provider of social housing or a registered social landlord.
83 Proceedings for possession or termination: general notice requirements.
(1) The court shall not entertain proceedings to which this section applies unless—
(a) the landlord has served a notice on the tenant complying with the provisions of this section, or
(b) the court considers it just and equitable to dispense with the requirement of such a notice.
(A1) This section applies in relation to proceedings for an order mentioned in section 82(1A) other than—
(a) proceedings for possession of a dwelling-house under section 84A (absolute ground for possession for anti-social behaviour), including proceedings where possession is also sought on one or more of the grounds set out in Schedule 2, or
(b) proceedings for possession of a dwelling-house under section 107D (recovery of possession on expiry of flexible tenancy).
(2) A notice under this section shall—
(a) be in a form prescribed by regulations made by the Secretary of State,
(b) specify the ground on which the court will be asked to make the order and
(c) give particulars of that ground.
(3) Where the tenancy is a periodic tenancy and the ground or one of the grounds specified in the notice is Ground 2 in Schedule 2 (nuisance or other anti-social behaviour), the notice—
(a) shall also—
(i) state that proceedings for the possession of the dwelling-house may be begun immediately, and
(ii) specify the date sought by the landlord as the date on which the tenant is to give up possession of the dwelling-house, and
(b) ceases to be in force twelve months after the date so specified.
(4) Where the tenancy is a periodic tenancy and Ground 2 in Schedule 2 is not specified in the notice, the notice—
(a) shall also specify the date after which proceedings for the possession of the dwelling-house may be begun, and
(b) ceases to be in force twelve months after the date so specified.
(4A) If the proceedings are for a demotion order under section 82A the notice—
(a) must specify the date after which the proceedings may be begun;
(b) ceases to be in force twelve months after the date so specified.
(5) The date specified in accordance with subsection (3) (4) or (4A) must not be earlier than the date on which the tenancy could, apart from this Part, be brought to an end by notice to quit given by the landlord on the same date as the notice under this section.
(6) Where a notice under this section is served with respect to a secure tenancy for a term certain, it has effect also with respect to any periodic tenancy arising on the termination of that tenancy by virtue of section 86; and subsections (3) to (5) of this section do not apply to the notice.
(7) Regulations under this section shall be made by statutory instrument and may make different provision with respect to different cases or descriptions of case, including different provision for different areas.
83ZA Notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour
(1) This section applies in relation to proceedings for possession of a dwelling-house under section 84A (absolute ground for possession for anti-social behaviour), including proceedings where possession is also sought on one or more of the grounds set out in Schedule 2.
(2) The court must not entertain the proceedings unless the landlord has served on the tenant a notice under this section.
(3) The notice must—
(a) state that the court will be asked to make an order under section 84A for the possession of the dwelling-house,
(b) set out the reasons for the landlord's decision to apply for the order (including the condition or conditions in section 84A on which the landlord proposes to rely), and
(c) inform the tenant of any right that the tenant may have under section 85ZA to request a review of the landlord's decision and of the time within which the request must be made.
(4) In a case where possession is also sought on one or more of the grounds set out in Schedule 2, the notice must also—
(a) specify the ground on which the court will be asked to make the order, and
(b) give particulars of that ground.
(5) A notice which states that the landlord proposes to rely upon condition 1, 3 or 5 in section 84A—
(a) must also state the conviction on which the landlord proposes to rely, and
(b) must be served on the tenant within—
(i) the period of 12 months beginning with the day of the conviction, or
(ii) if there is an appeal against the conviction, the period of 12 months beginning with the day on which the appeal is finally determined or abandoned.
(6) A notice which states that the landlord proposes to rely upon condition 2 in section 84A—
(a) must also state the finding on which the landlord proposes to rely, and
(b) must be served on the tenant within—
(i) the period of 12 months beginning with the day on which the court has made the finding, or
(ii) if there is an appeal against the finding, the period of 12 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn.
(7) A notice which states that the landlord proposes to rely upon condition 4 in section 84A—
(a) must also state the closure order concerned, and
(b) must be served on the tenant within—
(i) the period of 3 months beginning with the day on which the closure order was made, or
(ii) if there is an appeal against the making of the order, the period of 3 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn.
(8) A notice under this section must also inform the tenant that, if the tenant needs help or advice about the notice and what to do about it, the tenant should take it immediately to a Citizens' Advice Bureau, a housing aid centre, a law centre or a solicitor.
(9) The notice—
(a) must also specify the date after which proceedings for the possession of the dwelling-house may be begun, and
(b) ceases to be in force 12 months after the date so specified.
(10) The date specified in accordance with subsection (9)(a) must not be earlier than—
(a) in the case of a periodic tenancy, the date on which the tenancy could, apart from this Part, be brought to an end by notice to quit given by the landlord on the same day as the notice under this section;
(b) in the case of a secure tenancy for a term certain, one month after the date of the service of the notice.
(11) Where a notice under this section is served with respect to a secure tenancy for a term certain, it has effect also with respect to any periodic tenancy arising on the termination of that tenancy by virtue of section 86; and subsection (10)(a) does not apply to the notice.
83A Additional requirements in relation to certain proceedings for possession.
(1) Where a notice under section 83 has been served on a tenant containing the information mentioned in subsection (3)(a) of that section, the court shall not entertain proceedings for the possession of the dwelling-house unless they are begun at a time when the notice is still in force.
(2) Where—
(a) a notice under section 83 or 83ZA has been served on a tenant, and
(b) a date after which proceedings may be begun has been specified in the notice in accordance with section 83(4)(a) or section 83ZA(9)(a),
the court shall not entertain proceedings for the possession of the dwelling-house unless they are begun after the date so specified and at a time when the notice is still in force.
(3) Where—
(a) the ground or one of the grounds specified in a notice under section 83 or 83ZA is Ground 2A in Schedule 2 (domestic violence), and
(b) the partner who has left the dwelling-house as mentioned in that ground is not a tenant of the dwelling-house,
the court shall not entertain proceedings for the possession of the dwelling-house unless it is satisfied that the landlord has served a copy of the notice on the partner who has left or has taken all reasonable steps to serve a copy of the notice on that partner.
This subsection has effect subject to subsection (5).
(4) Where—
(a) Ground 2A in Schedule 2 is added to a notice under section 83 or 83ZA with the leave of the court after proceedings for possession are begun, and
(b) the partner who has left the dwelling-house as mentioned in that ground is not a party to the proceedings,
the court shall not continue to entertain the proceedings unless it is satisfied that the landlord has served a notice under subsection (6) on the partner who has left or has taken all reasonable steps to serve such a notice on that partner.
This subsection has effect subject to subsection (5).
(5) Where subsection (3) or (4) applies and Ground 2 in Schedule 2 (nuisance or other anti-social behaviour) is also specified in a notice under section 83 or a notice is served under section 83ZA, the court may dispense with the requirements as to service in relation to the partner who has left the dwelling-house if it considers it just and equitable to do so.
(6) A notice under this subsection shall—
(a) state that proceedings for the possession of the dwelling-house have begun,
(b) specify the ground or grounds on which possession is being sought, and
(c) give particulars of the ground or grounds.
(1) The court shall not make an order for the possession of a dwelling-house let under a secure tenancy except on one or more of the grounds set out in Schedule 2 or in accordance with section 84A (absolute ground for possession for anti-social behaviour) or section 107D (recovery of possession on expiry of flexible tenancy).
(2) The court shall not make an order for possession—
(a) on the grounds set out in Part I of Schedule 2 (grounds 1 to 8), unless it considers it reasonable to make the order,
(b) on the grounds set out in Part II of that Schedule (grounds 9 to 11), unless it is satisfied that suitable accommodation will be available for the tenant when the order takes effect,
(c) on the grounds set out in Part III of that Schedule (grounds 12 to 16), unless it both considers it reasonable to make the order and is satisfied that suitable accommodation will be available for the tenant when the order takes effect;
and Part IV of that Schedule has effect for determining whether suitable accommodation will be available for a tenant.
(3) Where a notice under section 83 or 83ZA has been served on the tenant, the court shall not make an order on any of the grounds mentioned in subsection (2) unless the ground is specified in the notice; but the grounds so specified may be altered or added to with the leave of the court.
(4) Where a date is specified in a notice under section 83 in accordance with subsection (3) of that section, the court shall not make an order which requires the tenant to give up possession of the dwelling-house in question before the date so specified.
84A Absolute ground for possession for anti-social behaviour
(1) If the court is satisfied that any of the following conditions is met, it must make an order for the possession of a dwelling-house let under a secure tenancy.
This is subject to subsection (2) (and to any available defence based on the tenant's Convention rights, within the meaning of the Human Rights Act 1998).
(2) Subsection (1) applies only where the landlord has complied with any obligations it has under section 85ZA (review of decision to seek possession).
(3) Condition 1 is that—
(a) the tenant, or a person residing in or visiting the dwelling-house, has been convicted of a serious offence, and
(b) the serious offence—
(i) was committed (wholly or partly) in, or in the locality of, the dwelling-house,
(ii) was committed elsewhere against a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or
(iii) was committed elsewhere against the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and directly or indirectly related to or affected those functions.
(4) Condition 2 is that a court has found in relevant proceedings that the tenant, or a person residing in or visiting the dwelling-house, has breached a provision of an injunction under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 or a respect order, other than a provision requiring a person to participate in a particular activity, and—
(a) the breach occurred in, or in the locality of, the dwelling-house, or
(b) the breach occurred elsewhere and the provision breached was a provision intended to prevent—
(i) conduct that is capable of causing nuisance or annoyance to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or
(ii) conduct that is capable of causing nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions.
(5) Condition 3 is that the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under section 30 of the Anti-social Behaviour, Crime and Policing Act 2014 or section 339 of the Sentencing Code consisting of a breach of a provision of a criminal behaviour order prohibiting a person from doing anything described in the order, and the offence involved—
(a) a breach that occurred in, or in the locality of, the dwelling-house, or
(b) a breach that occurred elsewhere of a provision intended to prevent—
(i) behaviour that causes or is likely to cause harassment, alarm or distress to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or
(ii) behaviour that causes or is likely to cause harassment, alarm or distress to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions.
(6) Condition 4 is that—
(a) the dwelling-house is or has been subject to a closure order under section 80 of the Anti-social Behaviour, Crime and Policing Act 2014, and
(b) access to the dwelling-house has been prohibited (under the closure order or under a closure notice issued under section 76 of that Act) for a continuous period of more than 48 hours.
(7) Condition 5 is that—
(a) the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under—
(i) section 80(4) of the Environmental Protection Act 1990 (breach of abatement notice in relation to statutory nuisance), or
(ii) section 82(8) of that Act (breach of court order to abate statutory nuisance etc. ), and
(b) the nuisance concerned was noise emitted from the dwelling-house which was a statutory nuisance for the purposes of Part 3 of that Act by virtue of section 79(1)(g) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance).
(8) Condition 1, 2, 3, 4 or 5 is not met if—
(a) there is an appeal against the conviction, finding or order concerned which has not been finally determined, abandoned or withdrawn, or
(b) the final determination of the appeal results in the conviction, finding or order being overturned.
(9) In this section—
“ relevant proceedings ” means proceedings for contempt of court or proceedings under Schedule 2 to the Anti-social Behaviour, Crime and Policing Act 2014;
“relevant proceedings” means—
proceedings for an offence under section I1 of the Anti-social Behaviour, Crime and Policing Act 2014,
proceedings under Schedule 2 to that Act, or
proceedings for contempt of court;
“respect order” means an order under section A1 of the Anti-social Behaviour, Crime and Policing Act 2014;
“ serious offence ” means an offence which—
was committed on or after the day on which subsection (3) comes into force,
is specified, or falls within a description specified, in Schedule 2A at the time the offence was committed and at the time the court is considering the matter, and
is not an offence that is triable only summarily by virtue of section 22 of the Magistrates' Courts Act 1980 (either-way offences where value involved is small).
(10) The Secretary of State may by order amend Schedule 2A as it applies in relation to dwelling-houses in England by—
(a) adding an indictable offence;
(b) removing an offence.
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12) An order under subsection (10) ...—
(a) is to be made by statutory instrument;
(b) may make different provision for different purposes;
(c) may include incidental, supplementary, consequential, transitional or saving provision.
(13) A statutory instrument containing an order under subsection (10) ... may not be made unless a draft of the instrument has been laid before and approved by a resolution of—
(a) each House of Parliament (in the case of an order of the Secretary of State)...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
85 Extended discretion of court in certain proceedings for possession.
(1) Where proceedings are brought for possession of a dwelling-house let under a secure tenancy on any of the grounds set out in Part I or Part III of Schedule 2 (grounds 1 to 8 and 12 to 16: cases in which the court must be satisfied that it is reasonable to make a possession order), the court may adjourn the proceedings for such period or periods as it thinks fit.
(2) On the making of an order for possession of such a dwelling-house on any of those grounds, or at any time before the execution of the order, the court may—
(a) stay or suspend the execution of the order, or
(b) postpone the date of possession,
for such period or periods as the court thinks fit.
(3) On such an adjournment, stay, suspension or postponement the court—
(a) shall impose conditions with respect to the payment by the tenant of arrears of rent (if any) and rent . . . unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, and
(b) may impose such other conditions as it thinks fit.
(4) The court may discharge or rescind the order for possession if it thinks it appropriate to do so having had regard to—
(a) any conditions imposed under subsection (3), and
(b) the conduct of the tenant in connection with those conditions.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
85ZA Review of decision to seek possession on absolute ground for anti-social behaviour
(1) A tenant may request a review of a landlord's decision to seek an order for possession of a dwelling-house under section 84A if the interest of the landlord belongs to—
(a) a local housing authority, or
(b) a housing action trust.
(2) Such a request must be made in writing before the end of the period of 7 days beginning with the day on which the notice under section 83ZA is served.
(3) On a request being duly made to it, the landlord must review its decision.
(4) The landlord must notify the tenant in writing of the decision on the review.
(5) If the decision is to confirm the original decision, the landlord must also notify the tenant of the reasons for the decision.
(6) The review must be carried out, and the tenant notified, before the day specified in the notice under section 83ZA as the day after which proceedings for the possession of the dwelling-house may be begun.
(7) The Secretary of State may by regulations make provision about the procedure to be followed in connection with a review under this section that relates to an order for possession of a dwelling-house in England.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) Regulations under subsection (7) may, in particular, make provision—
(a) requiring the decision on review to be made by a person of appropriate seniority who was not involved in the original decision, and
(b) as to the circumstances in which the person concerned is entitled to an oral hearing, and whether and by whom the person may be represented at such a hearing.
(10) Regulations under this section—
(a) may contain transitional or saving provision;
(b) are to be made by statutory instrument which—
(i) in the case of regulations made by the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament;
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
85A Proceedings for possession on non-absolute grounds : anti-social behaviour
(1) This section applies if the court is considering under section 84(2)(a) whether it is reasonable to make an order for possession on ground 2 set out in Part 1 of Schedule 2 (conduct of tenant or other person).
(2) The court must consider, in particular—
(a) the effect that the nuisance or annoyance has had on persons other than the person against whom the order is sought;
(b) any continuing effect the nuisance or annoyance is likely to have on such persons;
(c) the effect that the nuisance or annoyance would be likely to have on such persons if the conduct is repeated.
86 Periodic tenancy arising on termination of fixed term.
(1) Where a secure tenancy (“the first tenancy”) is a tenancy for a term certain and comes to an end—
(a) by effluxion of time, or
(b) by an order of the court under section 82(3) (termination in pursuance of provision for re-entry or forfeiture),
a periodic tenancy of the same dwelling-house arises by virtue of this section, unless the tenant is granted another secure tenancy of the same dwelling-house (whether a tenancy for a term certain or a periodic tenancy) to begin on the coming to an end of the first tenancy.
(2) Where a periodic tenancy arises by virtue of this section—
(a) the periods of the tenancy are the same as those for which rent was last payable under the first tenancy, and
(b) the parties and the terms of the tenancy are the same as those of the first tenancy at the end of it;
except that the terms are confined to those which are compatible with a periodic tenancy and do not include any provision for re-entry or forfeiture.
(1) A person (“P”) is qualified to succeed the tenant under a secure tenancy of a dwelling-house in England if—
(a) P occupies the dwelling-house as P's only or principal home at the time of the tenant's death, and
(b) P is the tenant's spouse or civil partner.
(2) A person (“P”) is qualified to succeed the tenant under a secure tenancy of a dwelling-house in England if—
(a) at the time of the tenant's death the dwelling-house is not occupied by a spouse or civil partner of the tenant as his or her only or principal home,
(b) an express term of the tenancy makes provision for a person other than such a spouse or civil partner of the tenant to succeed to the tenancy, and
(c) P's succession is in accordance with that term.
(3) Subsection (1) or (2) does not apply if the tenant was a successor as defined in section 88.
(4) In such a case, a person (“P”) is qualified to succeed the tenant if—
(a) an express term of the tenancy makes provision for a person to succeed a successor to the tenancy, and
(b) P's succession is in accordance with that term.
(5) For the purposes of this section, a person who was living with the tenant as if they were a married couple or civil partners is to be treated as the tenant’s spouse or civil partner.
(6) Subsection (7) applies if, on the death of the tenant, there is by virtue of subsection (5) more than one person who fulfils the condition in subsection (1)(b).
(7) Such one of those persons as may be agreed between them or as may, where there is no such agreement, be selected by the landlord is for the purpose of this section to be treated ... as the tenant's spouse or civil partner.
(1) The tenant is himself a successor if—
(a) the tenancy vested in him by virtue of section 89 (succession to a periodic tenancy), or
(b) he was a joint tenant and has become the sole tenant, or
(c) the tenancy arose by virtue of section 86 (periodic tenancy arising on ending of term certain) and the first tenancy there mentioned was granted to another person or jointly to him and another person, or
(d) he became the tenant on the tenancy being assigned to him (but subject to subsections (2) to (3) , or
(e) he became the tenant on the tenancy being vested in him on the death of the previous tenant or.
(f) the tenancy was previously an introductory tenancy and he was a successor to the introductory tenancy.
(2) A tenant to whom the tenancy was assigned in pursuance of an order under section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings) or section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.)is a successor only if the other party to the marriage was a successor.
(2A) A tenant to whom the tenancy was assigned in pursuance of an order under Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. ) is a successor only if the other civil partner was a successor.
(3) A tenant to whom the tenancy was assigned by virtue of section 92 (assignments by way of exchange) is a successor only if he was a successor in relation to the tenancy which he himself assigned by virtue of that section.
(4) Where within six months of the coming to an end of a secure tenancy which is a periodic tenancy (“the former tenancy”) the tenant becomes a tenant under another secure tenancy which is a periodic tenancy, and—
(a) the tenant was a successor in relation to the former tenancy, and
(b) under the other tenancy either the dwelling-house or the landlord, or both, are the same as under the former tenancy,
the tenant is also a successor in relation to the other tenancy unless the agreement creating that tenancy otherwise provides.
(1) This section applies where a secure tenant dies and the tenancy is a periodic tenancy.
(1A) Where there is a person qualified to succeed the tenant under section 86A, the tenancy vests by virtue of this section—
(a) in that person, or
(b) if there is more than one such person, in such one of them as may be agreed between them or as may, where there is no agreement, be selected by the landlord.
(2) Where there is a person qualified to succeed the tenant under section 87, the tenancy vests by virtue of this section in that person, or if there is more than one such person in the one to be preferred in accordance with the following rules—
(a) the tenant’s spouse or civil partner is to be preferred to another member of the tenant’s family;
(b) of two or more other members of the tenant’s family such of them is to be preferred as may be agreed between them or as may, where there is no such agreement, be selected by the landlord.
(3) Where there is no person qualified to succeed the tenant, the tenancy ceases to be a secure tenancy—
(a) when it is vested or otherwise disposed of in the course of the administration of the tenant’s estate, unless the vesting or other disposal is in pursuance of an order made under—
(i) section 24 of the Matrimonial Causes Act 1973 (property adjustment orders made in connection with matrimonial proceedings),
(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), . . .
(iii) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents) , or
(iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. )
(b) when it is known that when the tenancy is so vested or disposed of it will not be in pursuance of such an order.
(4) A tenancy which ceases to be a secure tenancy by virtue of this section cannot subsequently become a secure tenancy.
(1) This section applies where a secure tenant dies and the tenancy is a tenancy for a term certain.
(2) The tenancy remains a secure tenancy until—
(a) it is vested or otherwise disposed of in the course of the administration of the tenant’s estate, as mentioned in subsection (3), or
(b) it is known that when it is so vested or disposed of it will not be a secure tenancy.
(3) The tenancy ceases to be a secure tenancy on being vested or otherwise disposed of in the course of administration of the tenant’s estate, unless—
(a) the vesting or other disposal is in pursuance of an order made under—
(i) section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),
(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), . . .
(iii) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents), or
(iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. ), or
(b) the vesting or other disposal is to a person qualifed to succeed the tenant.
(4) A tenancy which ceases to be a secure tenancy by virtue of this section cannot subsequently become a secure tenancy.
(5) The following provisions apply where a tenancy that was a secure tenancy of a dwelling-house in England—
(a) has been vested or otherwise disposed of in the course of the administration of the secure tenant's estate, and
(b) has ceased to be a secure tenancy by virtue of this section.
(6) Subject as follows, the landlord may apply to the court for an order for possession of the dwelling-house let under the tenancy.
(7) The court may not entertain proceedings for an order for possession under this section unless—
(a) the landlord has served notice in writing on the tenant—
(i) stating that the landlord requires possession of the dwelling-house, and
(ii) specifying a date after which proceedings for an order for possession may be begun, and
(b) that date has passed without the tenant giving up possession of the dwelling-house.
(8) The date mentioned in subsection (7)(a)(ii) must fall after the end of the period of four weeks beginning with the date on which the notice is served on the tenant.
(9) On an application to the court for an order for possession under this section, the court must make such an order if it is satisfied that subsection (5) applies to the tenancy.
(10) The tenancy ends when the order is executed.
(1) A secure tenancy which is—
(a) a periodic tenancy, or
(b) a tenancy for a term certain granted on or after 5th November 1982,
is not capable of being assigned except in the cases mentioned in subsection (3).
(2) If a secure tenancy for a term certain granted before 5th November 1982 is assigned, then, except in the cases mentioned in subsection (3), it ceases to be a secure tenancy and cannot subsequently become a secure tenancy.
(3) The exceptions are—
(a) an assignment in accordance with section 92 (assignment by way of exchange);
(b) an assignment in pursuance of an order made under—
(i) section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),
(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), . . .
(iii) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents) , or
(iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. )
(c) an assignmment to a person who would be qualified to succeed the tenant if the tenant died immediately before the assignment.
(1) It is a term of every secure tenancy that the tenant may, with the written consent of the landlord, assign the tenancy to another secure tenant who satisfies the condition in subsection (2) or to an assured tenant who satisfies the conditions in subsection (2A).
(1) It is a term of every secure tenancy that the tenancy may, with the written consent of the landlord, assign the tenancy to—
(a) another secure tenant who satisfies the condition in subsection (2),
(b) an assured tenant who satisfies the conditions in subsection (2A), or
(c) a tenant who is a secure contract-holder and who satisfies the conditions in subsection (2B).
(2) The condition is that the other secure tenant has the written consent of his landlord to an assignment of his tenancy either to the first-mentioned tenant or to another secure tenant who satisfies the condition in this subsection.
(2A) The conditions to be satisfied with respect to an assured tenant are—
(a) that the landlord under his assured tenancy is the Regulator of Social Housing, a private registered provider of social housing, . . . a a registered social landlord or a housing trust which is a charity; and
(b) that he intends to assign his assured tenancy to the secure tenant referred to in subsection (1) or to another secure tenant who satisfies the condition in subsection (2).
(2B) The conditions to be satisfied with respect to a tenant who is a secure contract-holder are that—
(a) their landlord is a community landlord, and
(b) they intend to transfer their secure contract to—
(i) the secure tenant referred to in subsection (1),
(ii) another secure tenant who satisfies the condition in subsection (2), or
(iii) another secure contract-holder.
(3) The consent required by virtue of this section shall not be withheld except on one or more of the grounds set out in Schedule 3, and if withheld otherwise than on one of those grounds shall be treated as given.
(4) The landlord may not rely on any of the grounds set out in Schedule 3 unless he has, within 42 days of the tenant’s application for the consent, served on the tenant a notice specifying the ground and giving particulars of it.
(5) Where rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed, the consent required by virtue of this section may be given subject to a condition requiring the tenant to pay the outstanding rent, remedy the breach or perform the obligation.
(6) Except as provided by subsection (5), a consent required by virtue of this section cannot be given subject to a condition, and a condition imposed otherwise than as so provided shall be disregarded.
(7) In this section, the following terms have the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1)—
(a) “community landlord” (see section 9 of that Act);
(b) “contract-holder” (see section 7 (see also section 48) of that Act);
(c) “secure contract” (see section 8 of that Act).
(1) It is a term of every secure tenancy that the tenant—
(a) may allow any persons to reside as lodgers in the dwelling-house, but
(b) will not, without the written consent of the landlord, sublet or part with possession of part of the dwelling-house.
(2) If the tenant under a secure tenancy parts with the possession of the dwelling-house or sublets the whole of it (or sublets first part of it and then the remainder), the tenancy ceases to be a secure tenancy and cannot subsequently become a secure tenancy.
(1) This section applies to the consent required by virtue of section 93(1)(b) (landlord’s consent to subletting of part of dwelling-house).
(2) Consent shall not be unreasonably withheld (and if unreasonably withheld shall be treated as given), and if a question arises whether the withholding of consent was unreasonable it is for the landlord to show that it was not.
(3) In determining that question the following matters, if shown by the landlord, are among those to be taken into account—
(a) that the consent would lead to overcrowding of the dwelling-house within the meaning of Part X (overcrowding);
(b) that the landlord proposes to carry out works on the dwelling-house, or on the building of which it forms part, and that the proposed works will affect the accommodation likely to be used by the sub-tenant who would reside in the dwelling-house as a result of the consent.
(4) Consent may be validly given notwithstanding that it follows, instead of preceding, the action requiring it.
(5) Consent cannot be given subject to a condition (and it purporting to be given subject to a condition shall be treated as given unconditionally).
(6) Where the tenant has applied in writing for consent, then—
(a) if the landlord refuses to give consent, it shall give the tenant a written statement of the reasons why consent was refused, and
(b) if the landlord neither gives nor refuses to give consent within a reasonable time, consent shall be taken to have been withheld.
95 Assignment or subletting where tenant condition not satisfied.
(1) This section applies to a tenancy which is not a secure tenancy but would be if the tenant condition referred to in section 81 (occupation by the tenant) were satisfied.
(2) Sections 91 and 93(2) (restrictions on assignment or sub-letting of whole dwelling-house) apply to such a tenancy as they apply to a secure tenancy, except that—
(a) section 91(3)(b) and (c) (assignments excepted from restrictions) do not apply to such a tenancy for a term certain granted before 5th November 1982, and
(b) references to the tenancy ceasing to be secure shall be disregarded, without prejudice to the application of the remainder of the provisions in which those references occur.
(1) The Secretary of State may make regulations for entitling secure tenants whose landlords are local housing authorities, subject to and in accordance with the regulations, to have qualifying repairs carried out, at their landlords’ expense, to the dwelling-houses of which they are such tenants.
(2) The regulations may make all or any of the following provisions, namely—
(a) provision that, where a secure tenant makes an application to his landlord for a qualifying repair to be carried out, the landlord shall issue a repair notice—
(i) specifying the nature of the repair, the listed contractor by whom the repair is to be carried out and the last day of any prescribed period; and
(ii) containing such other particulars as may be prescribed;
(b) provision that, if the contractor specified in a repair notice fails to carry out the repair within a prescribed period, the landlord shall issue a further repair notice specifying such other listed contractor as the tenant may require; and
(c) provision that, if the contractor specified in a repair notice fails to carry out the repair within a prescribed period, the landlord shall pay to the tenant such sum by way of compensation as may be determined by or under the regulations.
(3) The regulations may also make such procedural, incidental, supplementary and transitional provisions as may appear to the Secretary of State necessary or expedient, and may in particular—
(a) require a landlord to take such steps as may be prescribed to make its secure tenants aware of the provisions of the regulations;
(b) require a landlord to maintain a list of contractors who are prepared to carry out repairs for which it is responsible under the regulations;
(c) provide that, where a landlord issues a repair notice, it shall give to the tenant a copy of the notice and the prescribed particulars of at least two other listed contractors who are competent to carry out the repair;
(d) provide for questions arising under the regulations to be determined by the county court; and
(e) enable the landlord to set off against any compensation payable under the regulations any sums owed to it by the tenant.
(4) Nothing in subsection (2) or (3) shall be taken as prejudicing the generality of subsection (1).
(5) Regulations under this section—
(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and
(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) In this section—
“ listed contractor ”, in relation to a landlord, means any contractor (which may include the landlord) who is specified in the landlord’s list of contractors;
“ qualifying repair ”, in relation to a dwelling-house, means any repair of a prescribed description which the landlord is obliged by a repairing covenant to carry out;
“ repairing covenant ”, in relation to a dwelling-house, means a covenant, whether express or implied, obliging the landlord to keep in repair the dwelling-house or any part of the dwelling-house;
and for the purposes of this subsection a prescribed description may be framed by reference to any circumstances whatever.
(1) It is a term of every secure tenancy that the tenant will not make any improvement without the written consent of the landlord.
(2) In this Part “improvement” means any alteration in, or addition to, a dwelling-house, and includes—
(a) any addition to or alteration in landlord’s fixtures and fittings,
(b) any addition or alteration connected with the provision of services to the dwelling-house,
(c) the erection of a wireless or television aerial, and
(d) the carrying out of external decoration.
(3) The consent required by virtue of subsection (1) shall not be unreasonably withheld, and if unreasonably withheld shall be treated as given.
(4) The provisions of this section have effect, in relation to secure tenancies, in place of section 19(2) of the Landlord and Tenant Act 1927 (general provisions as to covenants, &c. not to make improvements without consent).
(5) In this section “ secure tenancy ” does not include a secure tenancy that is a flexible tenancy.