(1) A demoted tenancy becomes a secure tenancy at the end of the period of one year (the demotion period) starting with the day the demotion order takes effect; but this is subject to subsections (2) to (5).
(2) A tenancy ceases to be a demoted tenancy if any of the following paragraphs applies—
(a) either of the first or second conditions in section 143A ceases to be satisfied;
(b) the demotion order is quashed;
(c) the tenant dies and no one is entitled to succeed to the tenancy.
(3) If at any time before the end of the demotion period the landlord serves a notice of proceedings for possession of the dwelling-house subsection (4) applies.
(4) The tenancy continues as a demoted tenancy until the end of the demotion period or (if later) until any of the following occurs—
(a) the notice of proceedings is withdrawn by the landlord;
(b) the proceedings are determined in favour of the tenant;
(c) the period of 6 months beginning with the date on which the notice is served ends and no proceedings for possession have been brought.
(5) A tenancy does not come to an end merely because it ceases to be a demoted tenancy.
(1) A tenancy continues to be a demoted tenancy for the duration of the demotion period if—
(a) at the time the demoted tenancy is created the interest of the landlord belongs to a local housing authority or a housing action trust, and
(b) during the demotion period the interest of the landlord transfers to another person who is a local housing authority or a housing action trust.
(2) Subsections (3) and (4) apply if—
(a) at the time the demoted tenancy is created the interest of the landlord belongs to a local housing authority or a housing action trust, and
(b) during the demotion period the interest of the landlord transfers to a person who is not such a body.
(3) If the new landlord is a private registered provider of social housing, a registered social landlord or a person who does not satisfy the landlord condition the tenancy becomes an assured shorthold tenancy.
(4) If the new landlord—
(a) is neither a private registered provider of social housing nor a registered social landlord, and
(b) satisfies the landlord condition,
the tenancy becomes a secure tenancy.
(5) The landlord condition must be construed in accordance with section 80 of the Housing Act 1985.
(1) The landlord may only bring a demoted tenancy to an end by obtaining —
(a) an order of the court for the possession of the dwelling-house, and
(b) the execution of the order.
(1A) In such a case, the tenancy ends when the order is executed.
(2) The court must make an order for possession unless it thinks that the procedure under sections 143E and 143F has not been followed.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Proceedings for possession of a dwelling-house let under a demoted tenancy must not be brought unless the landlord has served on the tenant a notice of proceedings under this section.
(2) The notice must—
(a) state that the court will be asked to make an order for the possession of the dwelling-house;
(b) set out the reasons for the landlord’s decision to apply for the order;
(c) specify the date after which proceedings for the possession of the dwelling-house may be begun;
(d) inform the tenant of his right to request a review of the landlord’s decision and of the time within which the request must be made.
(3) The date specified under subsection (2)(c) must not be earlier than the date on which the tenancy could (apart from this Chapter) be brought to an end by notice to quit given by the landlord on the same date as the notice of proceedings.
(4) The court must not entertain proceedings begun on or before the date specified under subsection (2)(c).
(5) The notice must also inform the tenant that if he needs help or advice—
(a) about the notice, or
(b) about what to do about the notice,
he must take the notice immediately to a Citizen’s Advice Bureau, a housing aid centre, a law centre or a solicitor.
(6) In this section—
“relevant notice period” means—
where the landlord has specified in the notice of proceedings an ASB reason for applying for a possession order (whether or not the landlord has any other reason), four weeks,
where paragraph (a) does not apply and the landlord has specified in the notice of proceedings a reason for applying for a possession order which corresponds to Ground 5 of Schedule 2 to the Housing Act 1985 (whether or not the landlord has any other reason), four weeks
where paragraphs (a) and (aa) do not apply and the landlord has specified in the notice of proceedings only a reason for applying for a possession order which corresponds to Ground 1 of Schedule 2 to the Housing Act 1985 and at the time the notice is served —
at least four months’ rent is unpaid, four weeks,
less than four months’ rent is unpaid, and the notice is served on or after 1 August 2021, two months, and
in any other case, four months;
“ASB reason” means, in relation to a dwelling-house in England, a reason which corresponds to any of those set out in section 84A(3) to (7) of the Housing Act 1985 or Grounds 2, 2ZA and 2A of Schedule 2 to that Act and, in relation to a dwelling-house in Wales, a reason which corresponds to any of those set out in section 84A(3) to (7) of the Housing Act 1985 or Grounds 2 and 2A of Schedule 2 to that Act.
(1) Before the end of the period of 14 days beginning with the date of service of a notice for possession of a dwelling-house let under a demoted tenancy the tenant may request the landlord to review its decision to seek an order for possession.
(2) If a request is made in accordance with subsection (1) the landlord must review the decision.
(3) The Secretary of State may by regulations make provision as to the procedure to be followed in connection with a review under this section.
(4) The regulations may include provision—
(a) requiring the decision on review to be made by a person of appropriate seniority who was not involved in the original decision;
(b) as to the circumstances in which the tenant is entitled to an oral hearing, and whether and by whom he may be represented at the hearing.
(5) The landlord must notify the tenant—
(a) of the decision on the review;
(b) of the reasons for the decision.
(6) The review must be carried out and notice given under subsection (5) before the date specified in the notice of proceedings as the date after which proceedings for possession of the dwelling-house may be begun.
(1) This section applies if the landlord has begun proceedings for the possession of a dwelling-house let under a demoted tenancy and—
(a) the demotion period ends, or
(b) any of paragraphs (a) to (c) of section 143B(2) applies (circumstances in which a tenancy ceases to be a demoted tenancy).
(2) If any of paragraphs (a) to (c) of section 143B(2) applies the tenancy ceases to be a demoted tenancy but the landlord (or the new landlord as the case may be) may continue the proceedings.
(3) Subsection (4) applies if in accordance with subsection (2) a tenancy ceases to be a demoted tenancy and becomes a secure tenancy.
(4) The tenant is not entitled to exercise the right to buy unless—
(a) the proceedings are finally determined, and
(b) he is not required to give up possession of the dwelling-house.
(5) The proceedings must be treated as finally determined if—
(a) they are withdrawn;
(b) any appeal is abandoned;
(c) the time for appealing expires without an appeal being brought.
(1) This section applies if the tenant under a demoted tenancy dies.
(2) If the tenant was a successor, the tenancy—
(a) ceases to be a demoted tenancy, but
(b) does not become a secure tenancy.
(3) In any other case a person is qualified to succeed the tenant if—
(a) he occupies the dwelling-house as his only or principal home at the time of the tenant’s death,
(b) he is a member of the tenant’s family, and
(c) he has resided with the tenant throughout the period of 12 months ending with the tenant’s death.
(4) If only one person is qualified to succeed under subsection (3) the tenancy vests in him by virtue of this section.
(5) If there is more than one such person the tenancy vests by virtue of this section in the person preferred in accordance with the following rules—
(a) the tenant’s spouse or civil partner or (if the tenant has neither spouse nor civil partner) the person mentioned in section 143P(1)(b) is to be preferred to another member of the tenant’s family;
(b) if there are two or more other members of the tenant’s family the person preferred may be agreed between them or (if there is no such agreement) selected by the landlord.
(1) This section applies if the demoted tenant dies and no person is qualified to succeed to the tenancy as mentioned in section 143H(3).
(2) The tenancy ceases to be a demoted tenancy if either subsection (3) or (4) applies.
(3) This subsection applies if the tenancy 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 under—
(a) section 23A or 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings);
(b) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, etc);
(c) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents).
(d) 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.).
(4) This subsection applies if it is known that when the tenancy is vested or otherwise disposed of in the course of the administration of the tenant’s estate it will not be in pursuance of an order mentioned in subsection (3).
(5) A tenancy which ceases to be a demoted tenancy by virtue of this section cannot subsequently become a secure tenancy.
(1) This section applies for the purpose of sections 143H and 143I.
(2) A person is a successor to a secure tenancy which is terminated by a demotion order if any of subsections (3) to (6) applies to him.
(3) The tenancy vested in him—
(a) by virtue of section 89 of the Housing Act 1985 or section 133 of this Act;
(b) under the will or intestacy of the preceding tenant.
(4) The tenancy arose by virtue of section 86 of the Housing Act 1985 and the original fixed term was granted—
(a) to another person, or
(b) to him jointly with another person.
(5) He became the tenant on the tenancy being assigned to him unless—
(a) the tenancy was assigned—
(i) in proceedings 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, etc.), or
(ii) in proceedings 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.),
(b) where the tenancy was assigned as mentioned in paragraph (a)(i), neither he nor the other party to the marriage was a successor, and
(c) where the tenancy was assigned as mentioned in paragraph (a)(ii), neither he nor the other civil partner was a successor.
(6) He became the tenant on assignment under section 92 of the Housing Act 1985 if he himself was a successor to the tenancy which he assigned in exchange.
(7) A person is the successor to a demoted tenancy if the tenancy vested in him by virtue of section 143H(4) or (5).
(8) A person is the successor to a joint tenancy if he has become the sole tenant.
(1) A demoted tenancy is not capable of being assigned except as mentioned in subsection (2).
(2) The exceptions are assignment in pursuance of an order made under—
(a) section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings);
(b) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, etc.);
(c) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents).
(d) 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.).
The Secretary of State may by regulations under section 96 of the Housing Act 1985 (secure tenants: right to carry out repairs) apply to demoted tenants any provision made under that section in relation to secure tenants.
(1) This section applies to a local housing authority or a housing action trust if it is the landlord of a demoted tenancy.
(2) The landlord must from time to time publish information about the demoted tenancy in such form as it thinks best suited to explain in simple terms and so far as it considers appropriate the effect of—
(a) the express terms of the demoted tenancy;
(b) the provisions of this Chapter;
(c) the provisions of sections 11 to 16 of the Landlord and Tenant Act 1985 (landlord’s repairing obligations).
(3) The landlord must ensure that information published under subsection (2) is, so far as is reasonably practicable, kept up to date.
(4) The landlord must supply the tenant with—
(a) a copy of the information published under subsection (2);
(b) a written statement of the terms of the tenancy, so far as they are neither expressed in the lease or written tenancy agreement (if any) nor implied by law.
(5) The statement required by subsection (4)(b) must be supplied on the grant of the tenancy or as soon as practicable afterwards.
143MA Demoted tenancies that are to become flexible tenancies
(1) Subsection (2) applies to a demoted tenancy of a dwelling-house in England that—
(a) was created on the termination of a flexible tenancy within the meaning of section 107A of the Housing Act 1985, and
(b) ceases to be a demoted tenancy and becomes a secure tenancy in accordance with this Chapter.
(2) If the landlord has served a notice within subsection (3) on the tenant before the end of the demoted tenancy then, on ceasing to be a demoted tenancy, the tenancy becomes a secure tenancy for a term certain that is a flexible tenancy.
(3) The notice must—
(a) state that, on ceasing to be a demoted tenancy, the tenancy will become a secure tenancy that is a flexible tenancy for a term certain of the length specified in the notice,
(b) specify a period of at least two years as the length of the term of the tenancy, and
(c) set out the other express terms of the tenancy.
(4) The length of the term of a flexible tenancy that becomes such a tenancy by virtue of this section is that specified in the notice under subsection (3).
(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.
(1) The county court has jurisdiction—
(a) to determine questions arising under this Chapter;
(b) to entertain proceedings brought under this Chapter;
(c) to determine claims (for whatever amount) in connection with a demoted tenancy.
(2) The jurisdiction includes jurisdiction to entertain proceedings as to whether a statement supplied in pursuance of section 143M(4)(b) (written statement of certain terms of tenancy) is accurate.
(3) For the purposes of subsection (2) it is immaterial that no relief other than a declaration is sought.
(4) If a person takes proceedings in the High Court which, by virtue of this section, he could have taken in the county court he is not entitled to recover any costs.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) For the purposes of this Chapter a dwelling-house may be a house or a part of a house.
(2) Land let together with a dwelling-house must be treated for the purposes of this Chapter as part of the dwelling-house unless the land is agricultural land which would not be treated as part of a dwelling-house for the purposes of Part 4 of the Housing Act 1985.
(1) For the purposes of this Chapter a person is a member of another’s family if—
(a) he is the spouse or civil partner of that person;
(b) he and that person live together as a couple in an enduring family relationship, but he does not fall within paragraph (c);
(c) he is that person’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.
(2) For the purposes of subsection (1)(b) it is immaterial that two persons living together in an enduring family relationship are of the same sex.
(3) For the purposes of subsection (1)(c)—
(a) a relationship by marriage or civil partnership must be treated as a relationship by blood;
(b) a relationship of the half-blood must be treated as a relationship of the whole blood;
(c) a stepchild of a person must be treated as his child.
144 Extension of ground of nuisance or annoyance to neighbours, &c.
For Ground 2 in Schedule 2 to the Housing Act 1985 (nuisance or annoyance to neighbours, &c.) substitute—
Ground 2
The tenant or a person residing in or visiting the dwelling-house—
(a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, or
(b) has been convicted of—
(i) using the dwelling-house or allowing it to be used for immoral or illegal purposes, or
(ii) an arrestable offence committed in, or in the locality of, the dwelling-house.
.
145 New ground of domestic violence: secure tenancies.
After Ground 2 in Schedule 2 to the Housing Act 1985 (as substituted by section 144) insert—
Ground 2A
The dwelling-house was occupied (whether alone or with others) by a married couple or a couple living together as husband and wife and—
(a) one or both of the partners is a tenant of the dwelling-house,
(b) one partner has left because of violence or threats of violence by the other towards—
(i) that partner, or
(ii) a member of the family of that partner who was residing with that partner immediately before the partner left, and
(c) the court is satisfied that the partner who has left is unlikely to return.
.
146 Extension of ground that grant of tenancy induced by false statement.
In Ground 5 in Schedule 2 to the Housing Act 1985 (grant of tenancy induced by false statement) for “by the tenant” substitute
by—
(a) the tenant, or
(b) a person acting at the tenant’s instigation
.
(1) For section 83 of the Housing Act 1985 (notice of proceedings for possession or termination) substitute—
Proceedings for possession or termination: notice requirements.
83 (1) The court shall not entertain proceedings for the possession of a dwelling-house let under a secure tenancy or proceedings for the termination of a secure tenancy 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.
(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 an order for the possession of the dwelling-house or for the termination of the tenancy, 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.
(5) The date specified in accordance with subsection (3) or (4) 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.
Additional requirements in relation to certain proceedings for possession.
83A (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 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 subsection (4)(a) of that section,
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 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 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 the notice under section 83, 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.
.
(2) In section 84 of that Act (grounds and orders for possession), for subsection (3) substitute—
(3) Where a notice under section 83 has been served on the tenant, the court shall not make such an order on any of those grounds above 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.
.
(3) In Schedule 2 to that Act, in Ground 16, after “notice of the proceedings for possession was served under section 83” insert “ (or, where no such notice was served, the proceedings for possession were begun) ”.
148 Extension of ground of nuisance or annoyance to adjoining occupiers &c.
For Ground 14 in Schedule 2 to the Housing Act 1988 (nuisance or annoyance to adjoining occupiers etc.) substitute—
Ground 14
The tenant or a person residing in or visiting the dwelling-house—
(a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, or
(b) has been convicted of—
(i) using the dwelling-house or allowing it to be used for immoral or illegal purposes, or
(ii) an arrestable offence committed in, or in the locality of, the dwelling-house.
.
149 New ground of domestic violence: assured tenancies.
After Ground 14 in Schedule 2 to the Housing Act 1988 (as substituted by section 148) insert—
Ground 14A
The dwelling-house was occupied (whether alone or with others) by a married couple or a couple living together as husband and wife and—
(a) one or both of the partners is a tenant of the dwelling-house,
(b) the landlord who is seeking possession is a registered social landlord or a charitable housing trust,
(c) one partner has left the dwelling-house because of violence or threats of violence by the other towards—
(i) that partner, or
(ii) a member of the family of that partner who was residing with that partner immediately before the partner left, and
(d) the court is satisfied that the partner who has left is unlikely to return.
For the purposes of this ground “registered social landlord” and “member of the family” have the same meaning as in Part I of the Housing Act 1996 and “charitable housing trust” means a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity within the meaning of the Charities Act 1993.
.
After section 8 of the Housing Act 1988 insert—
Additional notice requirements: ground of domestic violence.
8A (1) Where the ground specified in a notice under section 8 (whether with or without other grounds) is Ground 14A in Schedule 2 to this Act and 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 possession of the dwelling-house unless—
(a) the landlord or, in the case of joint landlords, at least one of them has served on the partner who has left a copy of the notice or has taken all reasonable steps to serve a copy of the notice on that partner, or
(b) the court considers it just and equitable to dispense with such requirements as to service.
(2) Where Ground 14A in Schedule 2 to this Act is added to a notice under section 8 with the leave of the court after proceedings for possession are begun and 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—
(a) the landlord or, in the case of joint landlords, at least one of them has served a notice under subsection (3) below on the partner who has left or has taken all reasonable steps to serve such a notice on that partner, or
(b) the court considers it just and equitable to dispense with the requirement of such a notice.
(3) 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.
.
151 Early commencement of certain proceedings for possession.
(1) Section 8 of the Housing Act 1988 (notice of proceedings for possession) is amended as follows.
(2) In subsection (1)(a) for the words “subsections (3) and (4)” substitute “ subsections (3) to (4B) ”.
(3) In subsection (3)(b) for the words from “which,” to “of the notice” substitute “ in accordance with subsections (4) to (4B) below ”.
(4) For subsection (4) substitute—
(4) If a notice under this section specifies in accordance with subsection (3)(a) above Ground 14 in Schedule 2 to this Act (whether with or without other grounds), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the date of the service of the notice.
(4A) If a notice under this section specifies in accordance with subsection (3)(a) above, any of Grounds 1, 2, 5 to 7, 9 and 16 in Schedule 2 to this Act (whether without other grounds or with any ground other than Ground 14), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than—
(a) two months from the date of service of the notice; and
(b) if the tenancy is a periodic tenancy, the earliest date on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section.
(4B) In any other case, the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the expiry of the period of two weeks from the date of the service of the notice.
.
(1) A local housing authority shall comply with the provisions of this Part in allocating housing accommodation.
(2) For the purposes of this Part a local housing authority allocate housing accommodation when they—
(a) select a person to be a secure or introductory tenant of housing accommodation held by them,
(b) nominate a person to be a secure or introductory tenant of housing accommodation held by another person, ...
(c) nominate a person to be an assured tenant of housing accommodation held by a private registered provider of social housing or a registered social landlord.
(d) select a person to be a tenant under a secure contract or an introductory standard contract of housing accommodation held by them, or
(e) nominate a person to be a tenant under a secure contract or an introductory standard contract of housing accommodation held by another person.
(3) The reference in subsection (2)(a) to selecting a person to be a secure tenant , and the reference in subsection (2)(d) to selecting a person to be a tenant under a secure contract or an introductory standard contract, includes deciding to exercise any power to notify an existing tenant or licensee that his tenancy or licence is to be a secure tenancy , a secure contract or an introductory standard contract.
(4) The references in subsection (2)(b) , (c) and (e) to nominating a person include nominating a person in pursuance of any arrangements (whether legally enforceable or not) to require that housing accommodation, or a specified amount of housing accommodation, is made available to a person or one of a number of persons nominated by the authority.
(4A) Subject to subsection (4B), the provisions of this Part do not apply to an allocation of housing accommodation by a local housing authority in England to a person who is already—
(a) a secure or introductory tenant, or
(b) an assured tenant of housing accommodation held by a private registered provider of social housing or a registered social landlord.
(4B) The provisions of this Part apply to an allocation of housing accommodation by a local housing authority in England to a person who falls within subsection (4A)(a) or (b) if—
(a) the allocation involves a transfer of housing accommodation for that person,
(b) the application for the transfer is made by that person, and
(c) the authority is satisfied that the person is to be given reasonable preference under section 166A(3).
(5) The provisions of this Part do not apply to an allocation of housing accommodation by a local housing authority in Wales to a person who is already a tenant under a secure contract or an introductory standard contract unless the allocation involves a transfer of housing accommodation for that person and is made on his application.
(7) Subject to the provisions of this Part, a local housing authority may allocate housing accommodation in such manner as they consider appropriate.
160 Cases where provisions about allocation do not apply.
(1) The provisions of this Part about the allocation of housing accommodation do not apply in the following cases.
(2) They do not apply where a secure tenancy—
(a) vests under section 89 of the Housing Act 1985 (succession to periodic secure tenancy on death of tenant),
(b) remains a secure tenancy by virtue of section 90 of that Act (devolution of term certain of secure tenancy on death of tenant),
(c) is assigned under section 92 of that Act (assignment of secure tenancy by way of exchange),
(d) is assigned to a person who would be qualified to succeed the secure tenant if the secure tenant died immediately before the assignment,
(da) is granted in response to a request under section 158 of the Localism Act 2011 (transfer of tenancy), or
(e) vests or is otherwise disposed of 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.).
(3) They do not apply where an introductory tenancy—
(a) becomes a secure tenancy on ceasing to be an introductory tenancy,
(b) vests under section 133(2) (succession to introductory tenancy on death of tenant),
(c) is assigned to a person who would be qualified to succeed the introductory tenant if the introductory tenant died immediately before the assignment, or
(d) vests or is otherwise disposed of 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.).
(3A) They do not apply where—
(a) a person succeeds to a secure occupation contract under section 73 (succession on death), section 78 (more than one qualified successor), or section 80 (substitute succession on early termination) of the Renting Homes (Wales) Act 2016 (anaw 1),
(b) a secure contract is transferred to a potential successor under section 114 of that Act (transfer to potential successor),
(c) a secure contract is transferred to another secure contract-holder under section 118 of that Act (transfer to another secure contract-holder),
(d) a secure contract or a standard introductory contract vests or is otherwise disposed of in pursuance of an order under—
(i) section 24 of the Matrimonial Causes Act 1973 (c. 18) (property adjustment orders in connection with divorce proceedings, etc.),
(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (c. 42) (orders for financial provision and property adjustment),
(iii) paragraph 1 of Schedule 1 to the Children Act 1989 (c. 41) (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 (c. 33) (property adjustment orders in connection with civil partnership proceedings or overseas dissolution of civil partnership, etc.), or
(e) an introductory standard contract becomes—
(i) a secure contract under section 16 of the Renting Homes (Wales) Act 2016 (anaw 1) (introductory standard contracts), or
(ii) a prohibited conduct standard contract becomes a secure contract under section 117 of the Renting Homes (Wales) Act 2016 (conversion to secure contract).
(4) They do not apply in such other cases as the Secretary of State may prescribe by regulations.
(5) The regulations may be framed so as to make the exclusion of the provisions of this Part about the allocation of housing accommodation subject to such restrictions or conditions as may be specified.
In particular, those provisions may be excluded—
(a) in relation to specified descriptions of persons, or
(b) in relation to housing accommodation of a specified description or a specified proportion of housing accommodation of any specified description.
160ZA Allocation only to eligible and qualifying persons: England
(1) A local housing authority in England shall not allocate housing accommodation—
(a) to a person from abroad who is ineligible for an allocation of housing accommodation by virtue of subsection (2) or (4), or
(b) to two or more persons jointly if any of them is a person mentioned in paragraph (a).
(2) A person subject to immigration control within the meaning of the Asylum and Immigration Act 1996 is ineligible for an allocation of housing accommodation by a local housing authority in England unless he is of a class prescribed by regulations made by the Secretary of State.
(3) No person who is excluded from entitlement to universal credit or housing benefit by section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) shall be included in any class prescribed under subsection (2).
(4) The Secretary of State may by regulations prescribe other classes of persons from abroad who are ineligible to be allocated housing accommodation by local housing authorities in England.
(5) Nothing in subsection (2) or (4) affects the eligibility of a person who falls within section 159(4B).
(6) Except as provided by subsection (1), a person may be allocated housing accommodation by a local housing authority in England (whether on his application or otherwise) if that person—
(a) is a qualifying person within the meaning of subsection (7), or
(b) is one of two or more persons who apply for accommodation jointly, and one or more of the other persons is a qualifying person within the meaning of subsection (7).
(7) Subject to subsections (2) and (4) and any regulations under subsection (8), a local housing authority may decide what classes of persons are, or are not, qualifying persons.
(8) The Secretary of State may by regulations—
(a) prescribe classes of persons who are, or are not, to be treated as qualifying persons by local housing authorities in England, and
(b) prescribe criteria that may not be used by local housing authorities in England in deciding what classes of persons are not qualifying persons.
(9) If a local housing authority in England decide that an applicant for housing accommodation—
(a) is ineligible for an allocation by them by virtue of subsection (2) or (4), or
(b) is not a qualifying person,
they shall notify the applicant of their decision and the grounds for it.
(10) That notice shall be given in writing and, if not received by the applicant, shall be treated as having been given if it is made available at the authority's office for a reasonable period for collection by him or on his behalf.
(11) A person who is not being treated as a qualifying person may (if he considers that he should be treated as a qualifying person) make a fresh application to the authority for an allocation of housing accommodation by them.
(1) A local housing authority in Wales shall not allocate housing accommodation—
(a) to a person from abroad who is ineligible for an allocation of housing accommodation by virtue of subsection (3) or (5);
(b) to a person who the authority have decided is to be treated as ineligible for such an allocation by virtue of subsection (7); or
(c) to two or more persons jointly if any of them is a person mentioned in paragraph (a) or (b).
(2) Except as provided by subsection (1), any person may be allocated housing accommodation by a local housing authority in Wales (whether on his application or otherwise).
(3) A person subject to immigration control within the meaning of the Asylum and Immigration Act 1996 (c. 49) is (subject to subsection (6)) ineligible for an allocation of housing accommodation by a local housing authority in Wales unless he is of a class prescribed by regulations made by the Secretary of State.
(4) No person who is excluded from entitlement to universal credit or housing benefit by section 115 of the Immigration and Asylum Act 1999 (c. 33) (exclusion from benefits) shall be included in any class prescribed under subsection (3).
(5) The Secretary of State may by regulations prescribe other classes of persons from abroad who are (subject to subsection (6)) ineligible for an allocation of housing accommodation, either in relation to local housing authorities in Wales generally or any particular local housing authority in Wales.
(6) Nothing in subsection (3) or (5) affects the eligibility of a person who is already a contract-holder in relation to housing accommodation allocated to that person by a local housing authority in Wales. ...
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) A local housing authority in Wales may decide that an applicant is to be treated as ineligible for an allocation of housing accommodation by them if they are satisfied that—
(a) he, or a member of his household, has been guilty of unacceptable behaviour serious enough to make him unsuitable to be a tenant of the authority; and
(b) in the circumstances at the time his application is considered, he is unsuitable to be a tenant of the authority by reason of that behaviour.
(8) The only behaviour which may be regarded by the authority as unacceptable for the purposes of subsection (7)(a) is behaviour of the person concerned which would (if that person were a contract-holder of the authority) breach section 55 of the Renting Homes (Wales) Act 2016 (anaw 1) (anti-social behaviour and other prohibited conduct). ...
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) If a local housing authority in Wales decide that an applicant for housing accommodation—
(a) is ineligible for an allocation by them by virtue of subsection (3) or (5); or
(b) is to be treated as ineligible for such an allocation by virtue of subsection (7),
they shall notify the applicant of their decision and the grounds for it.
(10) That notice shall be given in writing and, if not received by the applicant, shall be treated as having been given if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.
(11) A person who is being treated by a local housing authority in Wales as ineligible by virtue of subsection (7) may (if he considers that he should no longer be treated as ineligible by the authority in Wales) make a fresh application to the authority in Wales for an allocation of housing accommodation by them.