Gareth Thomas
MP for Harrow West · Labour (Co-op) · United Kingdom
“Local councils such as Harrow need to invest more in youth facilities that divert young people away from crime. Some of the CCTV projects in my constituency that Harrow council has turned down—in Wealdstone, south Harrow and central Harrow—should get funding.”
“I congratulate my hon. Friend the Member for Pendle and Clitheroe (Jonathan Hinder) on securing the debate and on the way in which he approached the subject. I join him and my hon.”
“I also want to suggest that the Metropolitan police does not get recognition across the whole of the UK for its hugely important work in tackling national and international crime, and that perhaps more recognition of that is required in the funding formula.”
“In particular, in Harrow, we recently saw enforcement teams contracted out to an organisation called Kingdom. The responsibility for that contract was with Harrow council. There was widespread criticism of the way some of the staff employed by Kingdom tried to levy fines on a number of young people in south Harrow, in my constituency.”
“One way we can further support the Metropolitan police is by allowing it to keep more of the proceeds from successful operations, such as recovering stolen funds hidden in bitcoin assets. I congratulate my hon.”
“Mayor of London Sadiq Khan has done a huge amount to try to redirect funding from other parts of his budget to minimise the impact of that cut.”
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“I beg to move, That the clause be read a Second time. I tabled the new clause in a spirit of wanting to finally flush the Minister out on why he was so opposed to the proposal from the Mayor of London and, indeed, the noble Lord Kerslake about the potential for equity loans—an extension of the Government’s Help to Buy scheme—to help pay for the sale of council homes. It is worth referencing the huge waiting lists that many councils have and the large number of people in temporary accommodation and bed and breakfasts, which represents a huge cost for council tax payers. It is also worth mentioning that last year, for every 11 council homes sold off, just one new property was built.”
“I am a bit disappointed that the Minister did not say he had at least discussed with the Treasury the possibility of extending the scheme to cover housing association tenants. I can see no reason why not. Nevertheless, I am not at this point of a mind to press the new clause to a Division, but perhaps it is a good time to commend you, Mr Gray, for your chairmanship.”
“16 The amendments made by paragraphs 7 and 8 do not apply in relation to an introductory tenancy granted before the day on which this Schedule comes into force. 17 The amendments made by paragraphs 10 to 13 do not apply in relation to cases where the tenant under a demoted tenancy dies before this Schedule comes into force.”— (Mr Marcus Jones.) See Member’s explanatory statement for NC33. Brought up, read the First and Second time, and added to the Bill.”
“12 In section 143I (no successor tenant: termination), after “section” insert “143GA or”. 13 (1) Section 143J of the Housing Act 1996 (demoted tenancies: successor tenants) is amended as follows. (2) After subsection (3) insert— “(3A) The tenancy arose by virtue of section 89(2A) of the Housing Act 1985.” (3) For subsection (7) substitute— “(7) A person is the successor to a demoted tenancy if— (a) the tenancy vests in the person by virtue of section 143GB(2) or 143H(4) or (5), or (b) the tenancy arose by virtue of section 143GB(3).” Localism Act 2011 (c. 20) 14 In section 160 of the Localism Act 2011 (succession to secure tenancies), omit subsection (6). Savings 15 The amendments made by this Schedule do not apply in relation to cases where the tenant under a secure tenancy dies before it comes into force.”
“(4) The parties and terms of a tenancy arising by virtue of subsection (3) are the same as those of the tenancy that it replaces, except that the terms— (a) are confined to those which are compatible with a tenancy for a fixed term of 5 years[, and (b) do not include any provision for re-entry or forfeiture.] (5) Where a demoted tenancy comes to an end and a new tenancy arises by virtue of subsection (3), as from that time the demotion order is to be treated for all purposes as it had been made in relation to the new tenancy (and the demotion period remains the same).” 11 (1) Section 143H (succession to demoted tenancy) is amended as follows. (2) At the heading insert “: Wales”. (3) In subsection (1), after “tenancy” insert “of a dwelling-house in Wales”.”
“143GB Succession to demoted tenancy: England ‘(1) This section applies if the tenant under a demoted tenancy of a dwelling-house in England dies. (2) Where there is a person qualified to succeed the tenant under section 143GA, 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. (3) Where a periodic demoted tenancy vests in a person qualified to succeed the tenant under section 143GA(2) or (4) and continues to be a demoted tenancy— (a) the tenancy comes to an end immediately after vesting, and (b) a new tenancy of the same dwelling-house arises by virtue of this subsection for a fixed term of 5 years.”
“(5) For the purposes of this section a person who was living with the tenant as the tenant’s wife or husband is to be treated as the tenant’s spouse. (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 fulfilling that condition. (8) This section applies to a tenancy that became a demoted tenancy before or after Schedule (Succession to secure tenancies and related tenancies) of the Housing Act 2015 comes into force.”
“(2) A person is qualified to succeed the tenant under a demoted 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) the person’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 132. (4) In such a case, a person 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) the person’s succession is in accordance with that term.”
“(2) After subsection (1) insert— “(1A) Where there is a person qualified to succeed the tenant under section 130A, 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.” (3) In subsection (2), after ““tenant” insert “under section 131”. 10 Before section 143H (but after the italic heading) insert— “143GA Persons qualified to succeed to demoted tenancy: England (1) A person is qualified to succeed the tenant under a demoted tenancy of a dwelling-house in England if— (a) the person occupies the dwelling-house as his or her only or principal home at the time of the tenant’s death, and (b) the person is the tenant’s spouse or civil partner.”
“(5) For the purposes of this section a person who was living with the tenant as the tenant’s wife or husband is to be treated as the tenant’s spouse. (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 fulfilling that condition.” 8 (1) Section 131 (persons qualified to succeed tenant) is amended as follows. (2) At the end of the heading for “tenant” substitute “to introductory tenancy: Wales”. (3) After “introductory tenancy” insert “of a dwelling-house in Wales”. 9 (1) Section 133 (succession to introductory tenancy) is amended as follows.”
“(2) A person is qualified to succeed the tenant under an introductory 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) the person’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 132. (4) In such a case, a person 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) the person’s succession is in accordance with that term.”
“52) 7 Before section 131 (but after the italic heading) insert— “130A Persons qualified to succeed to introductory tenancy: England (1) A person is qualified to succeed the tenant under an introductory tenancy of a dwelling-house in England if— (a) the person occupies the dwelling-house as his or her only or principal home at the time of the tenant’s death, and (b) the person is the tenant’s spouse or civil partner.”
“(3) After subsection (2) insert— “(2A) Where the tenancy vests in a person qualified to succeed the tenant under section 86G(2) or (4) and continues to be a secure tenancy— (a) the periodic tenancy comes to an end immediately after vesting, and (b) a new tenancy of the same dwelling-house arises by virtue of this subsection for a fixed term of 5 years. (2B) The parties and terms of a tenancy arising by virtue of subsection (2A) are the same as those of the tenancy that it replaces, except that the terms— (a) are confined to those which are compatible with a tenancy for a fixed term of 5 years, and (b) do not include any provision for re-entry or forfeiture.” 6 In section 117 (index of defined expressions), in the entry relating to persons qualified to succeed , for “section 87” substitute “sections 86G and 87”. Housing Act 1996 (c.”
“(2) After subsection (7) insert— “(8) This section applies to a tenancy that was granted before 1 April 2012, or that arose by virtue of section 86 on the coming to the end of a secure tenancy granted before 1 April 2012, as it applies to a secure tenancy granted on or after that day.” 4 In section 88 (cases where the tenant is a successor), in subsection (1), after paragraph (b) insert— “(ba) the tenancy arose by virtue of section 89(2A) (fixed term tenancy arising in certain cases following succession to periodic tenancy), or”. 5 (1) Section 89 (succession to period tenancy) is amended as follows. (2) In subsection (1A), for “section 86A” substitute “section 86G”.”
“2 In section 86 (periodic tenancy arising on termination of fixed term), after subsection (1B) (inserted by Schedule (Secure tenancies etc: phasing out of tenancies for life) insert— “(1C) This section does not apply to a secure tenancy of a dwelling-house in England if— (a) the original secure tenant has died, (b) the tenancy has been vested in, or otherwise disposed of to, the current tenant in the course of the administration of the original tenant’s estate, and (c) the current tenant qualified to succeed the original tenant under section 86G(2) or (4).” 3 (1) Section 86A (persons qualified to succeed: England) as inserted by the Localism Act 2011— (a) is renumbered section 86G (so that it follows on from section 86F as inserted by Schedule (Secure tenancies etc: phasing out of tenancies for life) without making the numbering more complex than it has to be), and (b) is amended as follows.”
“Brought up, read the First and Second time, and added to the Bill. New Schedule 5 “Succession to secure tenancies and related tenancies Housing Act 1985 (c. 68) 1 The Housing Act 1985 is amended as follows.”
“31 In section 159 (further provisions about transfer of tenancy under section 158), in subsection (6)(b), for “107A” substitute “115B”. Savings for flexible tenancies with only 9 months left to run 32 (1) Despite the repeal of sections 107D and 107E of the Housing Act 1985 (flexible tenancies: recovery of possession) by paragraph 14 above, those sections continue to apply in relation to a flexible tenancy the term of which ends within the period of 9 months beginning with the day on which paragraph 4 of this Schedule comes fully into force. (2) The amendments made by paragraphs 8 and 9 (which replace references to proceedings for possession under section 107D of the Housing Act 1985) do not apply in relation to such a tenancy.”— (Mr Marcus Jones.) See Member’s explanatory statement for NC32 .”
“(2) On ceasing to be a demoted tenancy, the tenancy becomes a secure tenancy for a fixed term of 5 years that is a flexible tenancy. (3) The terms of the new tenancy are the same as those of the tenancy that it replaces, so far as those terms are compatible with— (a) a tenancy for a fixed term of 5 years, and (b) the statutory provisions relating to flexible tenancies (within the meaning given by section 143MA(5).” Land Registration Act 2002 (c. 9) 28 In section 132 of the Land Registration Act 2002 (interpretation), in the definition of “flexible tenancy” in subsection (1), for “107A” substitute “115B”. Localism Act 2011 (c. 20) 29 The Localism Act 2011 (flexible tenancies: other amendments) is amended as follows. 30 In section 155, omit subsections (3) and (4).”
“(3) After subsection (3) insert— “(3A) If the notice is given on or after the day on which paragraph 4 of Schedule (Secure tenancies etc: phasing out of tenancies for life) to the Housing and Planning Act 2015 comes fully into force, the period specified under subsection (3)(b) must be no more than five years.” 27 After section 143MA insert— “143MB Default flexible tenancies when no notice given under section 143MA (1) This section applies where— (a) a landlord has the power to serve a notice under section 143MA on the tenant under a demoted tenancy but fails to do so, and (b) the tenancy comes to an end on or after the day on which paragraph 4 of Schedule (Secure tenancies etc: phasing out of tenancies for life) to the Housing and Planning Act 2015 comes fully into force.”
“(2) In subsection (1), for “section 107A of the Housing Act 1985” substitute “section 115B of the Housing Act 1985 (certain tenancies granted etc before the day on which paragraph 4 of Schedule (Secure tenancies etc: phasing out of tenancies for life) to the Housing and Planning Act 2015 came fully into force)”.”
“24 In section 143A (demoted tenancies), in subsection (1), omit “periodic”. 25 In section 143E (notice of proceedings for possession), for subsection (3) substitute— (a) in a case where the demoted tenancy is a periodic tenancy, 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 proceedings, and (b) in a case where the demoted tenancy is a fixed term tenancy, must not be earlier than the end of the period of 6 weeks beginning with the date on which the notice of proceedings is served.” 26 (1) Section 143MA (demoted tenancies that are to become flexible tenancies) is amended as follows.”
“(3B) The third condition is that the new expiry date would be before the period mentioned in section 86A(3) of the Housing Act 1985 (review to determine what to do at end of fixed term secure tenancy); and for this purpose “the new expiry date” means the last day of the 6 month extension period mentioned in subsection (1).” 22 In section 128 (notice of proceedings for possession), in subsection (4), for the second sentence substitute— (a) in a case where the introductory tenancy is a periodic tenancy, 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 proceedings, and (b) in a case where the introductory tenancy is a fixed term tenancy, must not be earlier than the end of the period of 6 weeks beginning with the date on which the notice of proceedings is served.” 23 In section 137A (introductory tenancies that are to become flexible tenancies), in subsection (2), for “, before entering into or adopting the introductory tenancy” substitute “the introductory tenancy was entered into or adopted before the day on which paragraph 4 of Schedule (Secure tenancies etc: phasing out of tenancies for life) to the Housing and Planning Act 2015 came fully into force and, before entering into or adopting it,”.”
“(3) After subsection (3) insert— “(3A) The third condition must be met only if the introductory tenancy — (a) is one to which section 124A(1) or (2) applies, or (b) is adopted by a local housing authority or housing action trust on or after the day on which paragraph 4 of Schedule (Secure tenancies etc: phasing out of tenancies for life) came fully into force.”
“(6) The Secretary of State may by regulations make provision about the procedure to be followed in connection with a review under this section. (7) The regulations may, in particular— (a) require the review to be carried out by a person of appropriate seniority who was not involved in the original decision; (b) make provision as to the circumstances in which the person who requested the review is entitled to an oral hearing, and whether and by whom that person may be represented.” 21 (1) Section 125A (extension of trial period by 6 months) is amended as follows. (2) In subsection (1), for “both” substitute “each”.”
“(2) The sole purpose of a review under this section is to consider whether the length of the tenancy is in accordance with any policy that the prospective landlord has about the length of introductory tenancies it grants. (3) The request must be made before the end of— (a) the period of 21 days beginning with the day on which the person making the request first receives the offer, or (b) such longer period as the prospective landlord may allow in writing. (4) On receiving the request the prospective landlord must carry out the review. (5) On completing the review the prospective landlord must — (a) notify the tenant in writing of the outcome, (b) revise its offer or confirm its original decision about the length of the tenancy, and (c) if it decides to confirm its original decision, give reasons.”
“(6) The local housing authority or housing action trust must, within the period of 28 days, make the tenant a written offer of an introductory tenancy in return for the tenant surrendering the original tenancy. (7) If the tenant accepts in writing within the period of 28 days beginning with the day on which the tenant receives the offer, the local housing authority or housing action trust must grant an introductory tenancy on the tenant surrendering the original tenancy. 124B Review of decisions about length of introductory tenancies in England ‘(1) A person who is offered an introductory tenancy of a dwelling-house in England may request a review under this section.”
“(4) A tenancy of a dwelling-house in England that is adopted by a local housing authority or a housing action trust does not become an introductory tenancy if— (a) it is adopted on or after the day on which paragraph 4 of Schedule (Secure tenancies etc: phasing out of tenancies for life) to the Housing and Planning Act 2015 came fully into force, and (b) the tenancy is a periodic tenancy or it is a tenancy for a fixed term of less than 2 years or more than 5 years. (5) Subsections (6) and (7) apply where a tenancy that has been adopted by a local housing authority or a housing action trust is not an introductory tenancy but would (on adoption or at any later time) become a secure tenancy but for subsection (4).”
“(2) If a local housing authority or a housing action trust purports to enter into an introductory tenancy in breach of subsection (1), it takes effect as a tenancy for a fixed term of 5 years. (3) Subsections (1) and (2) apply only to tenancies entered into on or after the day on which paragraph 4 of Schedule (Secure tenancies etc: phasing out of tenancies for life) to the Housing and Planning Act 2015 comes fully into force.”
“(5) In subsection (3), for “subsection (2)” substitute “subsections (1A) and (2)”. (6) After subsection (5) insert— “(6) In relation to a tenancy entered into or adopted by a local housing authority or a housing action trust before the day on which paragraph 4 of Schedule (Secure tenancies etc: phasing out of tenancies for life) to the Housing and Planning Act 2015 comes fully into force, this section has effect— (a) as if subsection (1A) were omitted, and (b) as if, in subsection (2), the words “in Wales” were omitted. 20 After section 124 insert— “124A New introductory tenancies in England: overall length (1) A local housing authority or a housing action trust may enter into an introductory tenancy of a dwelling-house in England only if it is a tenancy for a fixed term that is— (a) at least 2 years, and (b) no more than 5 years.”
“(2) After subsection (1) insert— “(1A) When such an election is in force, every fixed term tenancy of a dwelling-house in England entered into or adopted by the authority or trust shall, if it would otherwise be a secure tenancy, be an introductory tenancy, unless section 124A(4) applies or immediately before the tenancy was entered into or adopted the tenant or, in the case of joint tenants, one or more of them was— (a) a secure tenant of the same or another dwelling-house, or (b) a tenant under a relevant assured tenancy, other than an assured shorthold tenancy, of the same or another dwelling-house.” (3) In subsection (2), in the words before paragraph (a), after “dwelling-house” insert “in Wales”. (4) In subsection (2A), for “subsection (2)(b)” substitute “subsections (1A)(b) and (2)(b)”.”
“(2B) The length of the term specified in a notice in accordance with sub-paragraph (2A) must not be less than 2 or more than 5 years. (2C) Where a notice is given in accordance with sub-paragraph (2A) the length of the secure tenancy, and the other terms, are those set out in the notice. (2D) Sub-paragraphs (2A) to (2C) do not apply to notices given before the day on which paragraph 4 of Schedule (Secure tenancies etc: phasing out of tenancies for life) to the Housing and Planning Act 2015 comes fully into force.” Housing Act 1996 (c. 52) 18 The Housing Act 1996 is amended as follows. 19 (1) Section 124 (introductory tenancies) is amended as follows.”
“(2) After paragraph 1 insert— “Certain English tenancies that were not secure tenancies when originally granted 1ZA A tenancy of a dwelling-house in England cannot become a secure tenancy if— (a) it was granted on or after the day on which paragraph 4 of Schedule (Secure tenancies etc: phasing out of tenancies for life) to the Housing and Planning Act 2015 came fully into force, (b) it was not a secure tenancy or an introductory tenancy at the time it was granted, and (c) it is a periodic tenancy or a tenancy for a fixed term of less than 2 years or more than 5 years.” (3) In paragraph 4ZA, after sub-paragraph (2) insert— “(2A) A notice under sub-paragraph (2) that relates to a tenancy of a dwelling-house in England must— (a) state that the tenancy is to become a secure tenancy for a fixed term of a length specified in the notice, and (b) set out the other express terms of the tenancy.”
“(2) In the entry relating to flexible tenancies, for “section 107A” substitute “section 115B”. (3) At the appropriate place insert— “old-style secure tenancy section 115C” 17 (1) Schedule 1 (tenancies which are not secure tenancies) is amended as follows.”
“(5) This subsection applies to a secure tenancy if— (a) it is created by virtue of section 137A of the Housing Act 1996 (introductory tenancies becoming flexible tenancies), or (b) it arises by virtue of section 143MA or 143MB of that Act (demoted tenancies becoming flexible tenancies).” 115C Meaning of “old-style secure tenancy” in England ‘(none) In this Part “old-style secure tenancy” means a secure tenancy of a dwelling-house in England that— (a) is a secure tenancy, other than a flexible tenancy, granted before the day on which paragraph 4 of Schedule (Secure tenancies etc: phasing out of tenancies for life) to the Housing and Planning Act 2015 came fully into force, (b) is a secure tenancy granted on or after that date that contains an express term stating that it is an old-style secure tenancy, or (c) is a tenancy that arose by virtue of section 86 on the coming to an end of a secure tenancy within paragraph (a) or (b).” 16 (1) Section 117 (index of defined expressions) is amended as follows.”
“(3) The length of the term of a flexible tenancy that becomes such a tenancy by virtue of subsection (3) is that specified in the notice under paragraph 4ZA(2) of Schedule 1. (4) 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.”
“(d) it became a secure tenancy by virtue of a notice under paragraph 4ZA(2) of Schedule 1 (family intervention tenancies becoming secure tenancies), (e) the notice was given before the day on which paragraph 4 of Schedule (Secure tenancies etc: phasing out of tenancies for life) to the Housing and Planning Act 2015 came fully into force, (f) the landlord under the family intervention tenancy in question was a local housing authority in England, (g) the family intervention tenancy was granted to a person on the coming to an end of a flexible tenancy under which the person was a tenant, (h) the notice states that the tenancy is to become a secure tenancy that is a flexible tenancy for a fixed term of the length specified in the notice, and sets out the other express terms of the tenancy, and (i) the length of the term specified in the notice is at least two years.”
“(2) This subsection applies to a secure tenancy if—This subsection applies to a secure tenancy if— (a) it was granted by a landlord in England for a fixed term of not less than two years, (b) it was granted before the day on which paragraph 4 of Schedule (Secure tenancies etc: phasing out of tenancies for life) to the Housing and Planning Act 2015 came fully into force, and (c) before it was granted the person who became the landlord under the tenancy served a written notice on the person who became the tenant under the tenancy stating that the tenancy would be a flexible tenancy.”
“(3) After subsection (1) insert— “(1A) This section applies to— (a) a secure tenancy of a dwelling-house in Wales, or (b) an old-style secure tenancy of a dwelling-house in England.” (4) Omit subsection (5). 13 (1) Section 99A (right to compensation for improvements) is amended as follows. (2) In subsection (1)(c), after “secure tenancy” insert “to which this section applies”. (3) After subsection (1) insert— “(1A) This section applies to— (a) a secure tenancy of a dwelling-house in Wales, or (b) an old-style secure tenancy of a dwelling-house in England.” (4) Omit subsection (9). 14 Omit sections 107A to 107E (flexible tenancies). 15 After section 115A insert— “115B Meaning of “flexible tenancy” (1) For the purposes of this Act, a flexible tenancy is a secure tenancy to which any of the following subsections applies.”
“(2) The tenant must serve a notice in writing on the landlord stating that the tenancy will be terminated on the date specified in the notice. (3) That date must be after the end of the period of four weeks beginning with the date on which the notice is served. (4) The landlord may agree with the tenant to dispense with the requirement in subsection (2) or (3). (5) The tenancy is terminated on the date specified in the notice or (as the case may be) determined in accordance with arrangements made under subsection (4) only if on that date— (a) no arrears of rent are payable under the tenancy, and (b) the tenant is not otherwise materially in breach of a term of the tenancy.” 12 (1) Section 97 (tenant’s improvements require consent) is amended as follows. (2) In subsection (1), after “secure tenancy” insert “to which this section applies”.”
“(4) Where a court makes an order for possession of a dwelling-house under this section, any fixed term tenancy arising by virtue of section 86D on the coming to an end of the tenancy that was the subject of the review under section 86A comes to an end (without further notice) in accordance with section 82(2). (5) This section does not limit any right of the landlord under a secure tenancy to recover possession of the dwelling-house let on the tenancy in accordance with other provisions of this Part. Termination of English secure tenancies by tenant 86F Termination of English secure tenancies by tenant ‘(1) It is a term of every secure tenancy of a dwelling-house in England, other than an old-style secure tenancy, that the tenant may terminate the tenancy in accordance with the following provisions of this section.”
“(2) If the landlord brings proceedings under this section the court must make an order for possession if satisfied that— (a) the landlord has complied with all of the requirements of sections 86A to 86C, (b) the tenancy that was the subject of the review section 86A has ended, (c) the proceedings were commenced before the end of the period of 3 months beginning with the day on which the tenancy ended, and (d) the only fixed term tenancy still in existence is a new secure tenancy arising by virtue of section 86D. (3) But the court may refuse to grant an order for possession under this section if the court considers that a decision of the landlord under section 86A or 86C was wrong in law.”
“(6) A new tenancy does not arise by virtue of subsection (2) if the tenant has been granted another secure tenancy of the same dwelling-house to begin at the same time as the earlier tenancy ends. 86E Recovery of possession of secure tenancies in England ‘(1) The landlord under a secure tenancy of a dwelling-house in England may bring proceedings for possession under this section if— (a) the landlord has decided on a review under section 86A to seek possession at the end of the tenancy, and (b) the landlord has not subsequently revised the decision under section 86C.”
“(3) Where the landlord has offered the tenant a new tenancy of the same dwelling-house following a review under section 86A but the tenant has failed to accept, the new tenancy that arises by virtue of subsection (2) is a fixed term tenancy of whatever length the landlord offered. (4) In any other case, the new tenancy that arises by virtue of subsection (2) is a 5 year fixed term tenancy. (5) The parties and other terms of a new tenancy that arises by virtue of subsection (2) are the same as those of the tenancy that it replaces, except that the terms— (a) are confined to those which are compatible with a tenancy of the length determined in accordance with subsection (3) or (4), and (b) do not include any provision for re-entry or forfeiture.”
“86D Fixed term tenancy arising on termination of previous fixed term ‘(1) This section applies to a secure tenancy of a dwelling-house in England other than— (a) an old-style secure tenancy, or (b) a flexible tenancy the term of which ends within the period of 9 months beginning with the day on which paragraph 4 of Schedule (Secure tenancies etc: phasing out of tenancies for life) to the Housing and Planning Act 2015 comes fully into force. (2) If the tenancy comes to an end by virtue of the term expiring, or by virtue of an order under section 82(3), a new tenancy of the same dwelling-house arises by virtue of this subsection.”
“(7) The regulations may, in particular— (a) require the original decision to be reconsidered by a person of appropriate seniority who was not involved in the original decision, and (b) make provision as to the circumstances in which the person who requested the landlord to reconsider the original decision is entitled to an oral hearing, and whether and by whom that person may be represented. (8) Regulations under this section may include transitional or saving provision. (9) Regulations under this section are to be made by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.”
“(4) The landlord must, in particular, consider whether the original decision is in accordance with any policy that the landlord has about the circumstances in which it will grant a further tenancy on the coming to an end of an existing fixed term tenancy. (5) Once the landlord has reconsidered the decision the landlord must— (a) notify the tenant in writing of the outcome, (b) revise or confirm its original decision, and (c) if it decides to confirm its original decision, give reasons. (6) The Secretary of State may by regulations make provision about the procedure to be followed in connection with reconsidering a decision for the purposes of this section.”
“(5) If the notice states that the landlord has decided to offer a new tenancy and the tenant accepts in writing before the end of the current tenancy, the landlord must grant the new tenancy in accordance with the offer. 86C Reconsideration of decision not to grant a tenancy ‘(1) Where a tenant is notified that the outcome of a review under section 86A is that the landlord has decided to seek possession of the dwelling-house at the end of the current tenancy, the tenant may request the landlord to reconsider its decision. (2) The request must be made before the end of the period of 21 days beginning with the day on which tenant was notified of the decision. (3) On receiving the request, the landlord must reconsider its decision.”
“86B Notification of outcome of review under section 86A ‘(1) On completing a review under section 86A the landlord must notify the tenant in writing of the outcome of the review. (2) The notice must be given by no later than 6 months before the end of the term of the current tenancy. (3) The notice must state which of the options mentioned in section 86A the landlord has decided to take. (4) If the landlord has decided to seek possession of the dwelling-house at the end of the secure tenancy the notice must also— (a) inform the tenant of the right under section 86C to request the landlord to reconsider, and (b) specify the time limit for making a request under that section.”
“(5) On a review under this section the landlord must decide which of the following options to take. Option 1: offer to grant a new secure tenancy of the dwelling-house at the end of the current tenancy. Option 2: seek possession of the dwelling house at the end of the current tenancy but offer to grant a secure tenancy of another dwelling-house instead. Option 3: seek possession of the dwelling-house at the end of the current tenancy without offering to grant a secure tenancy of another dwelling-house. (6) The landlord must also— (a) offer the tenant advice on buying a home if the landlord considers that to be a realistic option for the tenant, and (b) in appropriate cases, offer the tenant advice on other housing options.”
“11 After section 86 insert— “English secure tenancies: review, renewal and possession 86A English tenancies: review to determine what to do at end of fixed term ‘(1) The landlord under a fixed term secure tenancy of a dwelling-house in England must carry out a review to decide what to do at the end of the term, unless one of the following exceptions applies. (2) Exception 1 is where the tenancy is an old-style secure tenancy. (3) Exception 2 is where the tenancy is a flexible tenancy the term of which ends within the period of 9 months beginning with the day on which paragraph 4 of Schedule (Secure tenancies etc: phasing out of tenancies for life) to the Housing and Planning Act 2015 comes fully into force. (4) A review under this section must be carried out while the term has 6 to 9 months left to run.”