In section 119 of the Housing Act 1985 (qualifying period for right to buy), in subsection (A1) , for “at least three years” substitute “at least ten years”.
A
bill
to
Make provision about social housing.
B e it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
In section 119 of the Housing Act 1985 (qualifying period for right to buy), in subsection (A1) , for “at least three years” substitute “at least ten years”.
Before
section 121A
of the
Housing Act 1985
insert— The right to buy may not be exercised if any of the following persons the person, or any of the persons, to whom the right to buy the spouse or civil partner of the person, or any of the persons, the co-habitee of the person, or any of the persons, to whom
and, for that purpose, one person is the co-habitee of another person
if they live together as if they were a married couple or civil partners.
But that prohibition does not apply if— the landlord is satisfied that— the person or any of the persons to whom the right to within that period A has for reasons connected to the the right to buy is being exercised by A (whether alone or with In this section— “other residential property” means residential property other “residential property” means a building or a part of a building is being used wholly or partly as a dwelling, or is constructed or adapted for use as a dwelling, but is The person owns the other residential property if the person is the For the purposes of subsection
(5)
, any of the following is a “qualifying the freehold; a lease that was originally granted for a term of 21 years or For the purposes of subsection
(5)
, a person (P) is a beneficial owner the qualifying interest is not held on trust and P holds, or is the qualifying interest is held on trust and P has, or is one of
(and accordingly if P holds, or is one of the persons who hold, the
qualifying interest on trust, P is not a beneficial owner unless P also
has a beneficial interest under the trust).
The person owns the other residential property if the person is the But where a person (“T”) holds other residential property in trust the notional beneficiary or beneficiaries are to be treated as T is the owner only if T is a notional beneficiary. In determining whether a person owns other residential property For the purposes of this section— a qualifying interest (in relation to England, Wales or Northern a person is not to be regarded as holding a qualifying interest
“121ZC
Exercise of the right to buy by residential property owners
Prohibition on exercise of right to buy
(1)
owns other residential property—
(a)
belongs;
(b)
to whom the right to buy belongs (if they are living together
at the relevant time in relation to the right to buy);
(c)
the right to buy belongs;
(2)
(a)
(i)
buy belongs (“A”) has at any time within the relevant
period been a victim of domestic abuse within the
meaning given by
section 1
of the
Domestic Abuse Act
2021
, and
(ii)
abuse moved from the accommodation that they were
occupying (whether or not more than once), and
(b)
other persons).
Residential property
(3)
(a)
than the dwelling-house to which the right to buy relates;
(b)
(whether in the United Kingdom or elsewhere) that consists
of, or includes, property that—
(i)
(ii)
not being used wholly or partly as a dwelling.
Ownership: England, Wales and Northern Ireland
(4)
(5)
beneficial owner, or one of the beneficial owners, of a qualifying
interest in the other residential property.
(6)
interest”—
(a)
(b)
longer.
(7)
of a qualifying interest if—
(a)
one of the persons who hold, the qualifying interest, or
(b)
the persons who have, a beneficial interest under the trust;
Ownership: Scotland
(8)
(9)
owner, or one of the owners, of the other residential property.
(10)
under the law of Scotland on terms such that, if the trust had effect
under the law of England and Wales, one or more persons would be
regarded as having an equitable interest in the trust property (the
“notional beneficiary or beneficiaries”)—
(a)
being the owner or owners of the residential property despite
no such interest being recognised under the law of Scotland,
and
(b)
Ownership: outside the United Kingdom
(11)
outside the United Kingdom, regard must be had to the desirability
of producing an effect that is as consistent with the effect produced
by subsections
(5)
to
(7)
as is practicable (taking into account, in
particular, any ways in which the law relating to the other residential
property differs from the laws of the United Kingdom).
Trusts and trustees: other provision
(12)
(a)
Ireland), or ownership (in relation to Scotland), is not to be
regarded as held on a trust created by a will unless and until
the qualifying interest or ownership has been vested in the
trustees;
(b)
(in relation to England, Wales or Northern Ireland), or
ownership (in relation to Scotland), if they hold it as a trustee
in bankruptcy or otherwise in accordance with any legislation
of any part of the United Kingdom relating to insolvency.”
“121ZD Exercise of the right to buy after a previous exercise of the right
(1)
This section applies in relation to the right to buy (the “new right to
buy”) if any of the following persons has previously exercised the right to buy (the “previous right to buy”)—(a)
the person, or any of the persons, to whom the new right to
buy belongs;(b)
the spouse or civil partner of the person, or any of the persons,
to whom the new right to buy belongs (if they are living together at the relevant time in relation to the new right to buy);(c)
the deceased spouse or deceased civil partner of the person,
or any of the persons, to whom the new right to buy belongs (if they were living together at the time of the death).(2)
(3)
This subsection applies if the landlord is satisfied that—
(a)
the person or any of the persons to whom the new right to
buy belongs (“A”) has at any time within the relevant period been a victim of domestic abuse within the meaning given by section 1 of the Domestic Abuse Act 2021 , and(b)
within that period A has for reasons connected to the abuse
moved from accommodation that they were occupying (whether or not more than once).(4)
This subsection applies if the landlord is satisfied that—
(a)
the person or any of the persons to whom the new right to
buy belongs (“A”) was married or in a civil partnership at the relevant time in relation to the exercise of the previous right to buy,(b)
the previous right to buy was exercised by A or the person A
was married to or in a civil partnership with at that time (“B”),(c)
at the relevant time in relation to the new right to buy—
(i)
the marriage between A and B has been dissolved or
annulled by a divorce order or nullity of marriage order made in accordance with the Matrimonial Causes Act
1973 ,(ii)
the civil partnership between A and B has been
dissolved or annulled by a dissolution order or nullity order made in accordance with the Civil Partnership
Act 2004 , or(iii)
A and B are still married or in a civil partnership but
are no longer living together in that way, and(d)
at any time within the relevant period A has for reasons
connected to the divorce, dissolution or the change to living arrangements described in paragraph (c) moved from accommodation that they were occupying (whether or not more than once).(5)
This subsection applies if the landlord is satisfied that—
(a)
the previous right to buy was exercised by the person or any
of the persons to whom the new right to buy belongs (“A”) with another person (“B”) as joint tenants (whether with or without others),(b)
at the relevant time in relation to the exercise of the previous
right to buy A and B were not married or in a civil partnership but were living together in that way,(c)
at the relevant time in relation to the exercise of the new right
to buy A and B are no longer living together in that way, and(d)
at any time within the relevant period A has for reasons
connected to the change to living arrangements described in paragraph (c) moved from accommodation that they were occupying (whether or not more than once).(6)
For the purposes of subsection (5) (a) the reference to exercising a right
to buy as joint tenants includes where a right to buy is validly required to be shared with another person in accordance with section 123.(7)
For the purposes of this section, a person has “previously exercised
the right to buy” if before the relevant time in relation to the exercise of the new right to buy the person—(a)
has exercised the right to buy (whether under this Act or the
Housing Act 1980) so as to acquire the freehold or be granted or assigned a long lease of a dwelling-house in England or Wales,(b)
has exercised the right to acquire on rent to mortgage terms
so as to acquire the freehold or be granted or assigned a long lease of a dwelling-house in England or Wales, or(c)
has exercised the right to acquire (whether under section 180 of the Housing and Regeneration Act 2008 or section 16 of the Housing Act 1996 ) so as to acquire the freehold or be granted
or assigned a long lease of a dwelling-house in England or Wales.(8)
In this section—
“
previous right to buy” has the meaning given in subsection (1) ; but, if any person or persons falling within subsection (1) have previously exercised the right to buy on two or more occasions, it means only the most recent of them;“
relevant period” means the period beginning with the relevant
time in relation to the exercise of the previous right to buy and ending with the relevant time in relation to the exercise of the new right to buy.”
Omit
section 130
of the
Housing Act 1985
(reduction of discount where
previous discount given).
The Housing Act 1985 is amended as follows—
in
section 125
(landlord’s notice of purchase price and other matters),
in
subsection (2)
(c)
, omit “section 130(1) (reduction for previous
discount) or”;
in Schedule 6A (redemption of landlord’s share), in paragraph 5 , omit sub-paragraph (4) .
In
section 124
of the
Housing Act 1985
(landlord’s notice admitting or denying
the right to buy), in
subsection (2)
—
for “four” substitute “eight”;
for “eight” substitute “twelve”.
In
section 125
of the
Housing Act 1985
(landlord’s notice of purchase price
and other matters)—
in subsection (1) (a) , for “eight” substitute “twelve”;
in subsection (1) (b) , for “twelve” substitute “sixteen”.
“124A Suspension of right to buy: suspected fraud
(1)
A landlord may at any time within the relevant period suspend a
claim to exercise the right to buy where—(a)
a notice under section 122 claiming the right has been served
on them by the tenant (“the section 122 notice”), and(b)
the landlord has reason to suspect that the claim may be
fraudulently made.(2)
Where a claim to exercise the right to buy is suspended in accordance
with subsection (1) the requirements of this Act (other than under this section) do not have effect in relation to the claim until the end of the suspension.(3)
A suspension under subsection (1) ends with whichever is the sooner
of—(a)
the end of the period of 6 months beginning with the date of
the suspension, or(b)
the conclusion of the investigation into the suspected fraud by
the landlord.(4)
Subsections (5) and (6) apply where a landlord has suspended a
tenant’s claim to exercise the right to buy under subsection (1) .(5)
The landlord must as soon as reasonably practicable serve on the
tenant written notice of the date on which the suspension began.(6)
After the end of the suspension, the landlord must as soon as
reasonably practicable serve on the tenant written notice of—(a)
the outcome of the investigation into the suspected fraud, and
(b)
where the tenant’s claim to exercise the right to buy has been
found not to have been fraudulently made, the fact that, in accordance with subsection (2) , the requirements of this Act once again have effect in relation to the claim from the end of the suspension.(7)
For the purposes of subsection (1) , the “relevant period” is—
(a)
where the requirement of section 119 (qualifying period for
the right to buy) is satisfied by a period or periods during which the landlord was the landlord on which the section 122 notice was served, the period of 12 weeks beginning with the date on which the notice was served, or(b)
in any other case, the period of 16 weeks beginning with the
date on which the section 122 notice was served.”
In section 129 of the Housing Act 1985 (discount)—
“(2)
The discount is five per cent plus one per cent for each
complete year by which the qualifying period exceeds ten years, up to a maximum of 15 per cent.”;
omit subsections (2A) and (2B) .
In
section 155
of the
Housing Act 1985
(repayment of discount on early
disposal)—
in subsection (2) , for “five” substitute “ten”;
in subsection (3) , for “five” substitute “ten”;
in subsection (3A) , in paragraph (a) , for “five” substitute “ten”.
In section 155A (amount of discount which may be demanded by landlord:
right to buy), in subsection (3), for “one-fifth” substitute “one-tenth”.
In section 155B (amount of discount which may be demanded by landlord:
right to acquire on rent to mortgage terms), in the closing words, for
“one-fifth” substitute “one-tenth”.
In section 156A of the Housing Act 1985 (right of first refusal for landlord etc), in subsection (2) , omit “, until the end of the period of ten years beginning with the conveyance or grant,”.
Schedule 5
to the
Housing Act 1985
(exceptions to the right to buy) is amended
in accordance with
subsections (2)
to
(4)
.
In paragraph 10 (2) —
in paragraph (a) , for “warden” substitute “manager”;
in paragraph (b) , for “warden” substitute “manager”.
“Dwelling-houses in National Parks, etc.
17
(1)
The right to buy does not arise if the dwelling-house is situated
in—(a)
a National Park,
(b)
an area designated under section 82 of the Countryside and
Rights of Way Act 2000 as an area of outstanding natural
beauty, or(c)
an area designated by regulations made by the Secretary of
State as a rural area.(2)
Regulations under sub-paragraph (1) (c) —
(a)
are to be made by statutory instrument;
(b)
may make supplementary, incidental, consequential,
transitional or saving provision;(c)
are subject to annulment in pursuance of a resolution of
either House of Parliament.(3)
The power under sub-paragraph (2) (b) includes the power to make
provision to repeal section 9 (2) of the Social Housing Act 2026.Newly built affordable housing
18
(1)
The right to buy does not arise if —
(a)
the dwelling-house was constructed by the landlord or a
relevant developer,(b)
the construction was practically completed on or after the
relevant date,(c)
less than 35 years have elapsed since that date, and
(d)
the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008 that is not
low cost home ownership accommodation (within the meaning given by section 70 of that Act ).(2)
For the purposes of sub-paragraph (1) (b) , the construction of a
dwelling-house is practically complete when the dwelling-house first becomes fit for occupation as housing accommodation.(3)
In this paragraph—
“
relevant date” means the date on which this paragraph comes
into force;“
relevant developer” means a person from whom the landlord
acquired their interest in the dwelling-house.”
“Homes for market rent
19
(1)
The right to buy does not arise if the dwelling-house—
(a)
is let by a local authority under a secure tenancy entered
into—(i)
on or after the day on which this paragraph comes
into force, and(ii)
otherwise than in pursuance of an agreement entered
into before that day, and(b)
is a market rent home at the time the tenancy is entered into.
(2)
For the purposes of this paragraph, “market rent home” means
accommodation that is not social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.”
Omit
section 157
of the
Housing Act 1985
(restriction on disposal of
dwelling-houses in National Parks, etc).
The Housing Act 1985 is amended as follows—
in
section 4
(other descriptions of authority), in
subsection (1)
(e)
, omit
“157(1),”;
in section 156A (right of first refusal for landlord)—
in subsection (1) , omit “This is subject to subsection (8).”;
omit subsections (8) and (9) ;
in subsection (11) , omit from “(whether” to “(8))”;
in
section 162
(exempted disposals which end liability under covenant),
omit
paragraph (b)
and the “and” before it;
in section 163 (treatment of options), omit subsection (2) ;
in
section 452
(vesting of house in authority entitled to exercise power
of sale), in
subsection (2)
, in the definition of “pre-emption provision”,
omit “the limitation specified in section 157(4) (restriction on disposal
of dwellings in National Parks, etc.),”;
in
Part 3
of
Schedule 6
(grant of lease in pursuance of right to buy),
omit paragraph 17(2).
In
section 37
of the
Housing Act 1985
(restriction on disposal of
dwelling-houses in National Parks, etc)—
in
subsection (1)
(c)
, for the words from “order” to the end of
that
paragraph
substitute “regulations under
paragraph 17
(1)
(c)
of Schedule
5,”;
In
subsection (3)
(a)
, for “order under section 157(3)” substitute
“regulations made by the Secretary of State”;
“(7)
Regulations under subsection (3)—
(a)
are to be made by statutory instrument;
(b)
may make supplementary, incidental, consequential,
transitional or saving provision;(c)
are subject to annulment in pursuance of a resolution
of either House of Parliament.”
An amendment made by a provision of sections 1 to 7 or section 8 (1) to (6) does not have effect in relation to a right to buy in respect of which a tenant’s notice under section 122 of the Housing Act 1985 was served before the amendment comes into force.
An order under
section 157
(1)
(c)
of the
Housing Act 1985
designating an area
as a rural area that is in force immediately before
this section
comes into force
is to have effect on and after that date as if it is also regulations made under
paragraph 17
(1)
(c)
of
Schedule 5
to the
Housing Act 1985
.
An order under
section 157
(3)
of the
Housing Act 1985
designating a region
which, or part of which, is comprised in the National Park or area that is in
force immediately before
this section
comes into force is to have effect on
and after that date as if it is regulations made under
section 37
(3)
(a)
of the
Housing Act 1985
.
In section 11 of the Local Government Act 2003 (use of capital receipts)—
omit subsection (6) ;
“(5B)
The Secretary of State may make a determination that in
relation to specified capital receipts a requirement imposed under subsection (2)(b) on a local authority for an area in England—(a)
does not apply, or
(b)
is modified so as to reduce the amount payable to the
Secretary of State to an amount calculated in accordance with a method specified in the determination.(5C)
For the purposes of subsection (5B) “specified capital receipts”
means such capital receipts as may be specified or described in the determination.(5D)
A determination made by the Secretary of State under
subsection (5B) may—(a)
make different provision for different purposes;
(b)
make different provision in relation to different local
authorities or descriptions of local authority (including descriptions framed by reference to authorities in particular areas);(c)
make provision in respect of capital receipts received
by a local authority before (as well as after) the determination is made;(d)
be varied or revoked by a subsequent determination.
(5E)
The Secretary of State must as soon as is reasonably
practicable—(a)
give a copy of the determination under subsection (5B) to each local authority to which it applies, or
(b)
publish the determination in such manner as the
Secretary of State considers appropriate for bringing it to the attention of local authorities to which it applies.”
In section 184 of the Housing and Regeneration Act 2008 (right to acquire: supplemental), in subsection (3) —
in
paragraph (b)
, for “and paragraph 11” to the end of that paragraph
substitute “paragraph 11 (right of appeal to Secretary of State), and
paragraph 17 (dwelling-houses in National Parks, etc), of Schedule 5
to that Act do not apply,”;
omit paragraph (d) .
The Housing and Regeneration Act 2008 is amended as follows.
In
Chapter 5
of
Part 2
(regulation of social housing: disposal of property by A private registered provider must not make a relevant sale of a Condition A is that the private registered provider has given a sale the local housing authority for the area in which the dwelling each person (if any) that the provider believes, having made such other persons, or descriptions of person, as the Secretary Condition B is that the period of four weeks beginning with the Condition C is that the period of one year beginning with the relevant For the purposes of
subsections (3)
and
(4)
, “the relevant day” is the
Section 171A
does not apply to a relevant sale of a dwelling to a
Section 171A
does not apply to a relevant sale of a dwelling that is is a person described in
subsection (3)
both immediately before becomes such a person as a result of the disposal of the interest. Those persons are— the tenant of the dwelling under shared ownership the buyer of the dwelling under equity percentage arrangements the purchaser of the dwelling under a shared ownership trust
Section 171A
does not apply to a relevant sale of a dwelling where In
subsection (4)
, “sold to the tenant” has the same meaning as in The Secretary of State may by regulations amend this section so as provide for further cases in which
section 171A
does not apply vary or remove provision made under
paragraph (a)
. For the purposes of
section 171A
(2)
, a notice given by a private the address of the dwelling, the type of dwelling, the number of bedrooms and the number of bathrooms whether the dwelling is occupied or unoccupied, the nature of the interest to be disposed of, or the option to be an estimate of the market value of that interest or option the private registered provider’s reason for making the relevant A requirement under any of
paragraphs (b)
to
(f)
of
subsection (1)
is A private registered provider may give a sale notice to a person by
Subsection (3)
does not limit other lawful means of giving a sale notice. A sale notice sent by email is treated as given 48 hours after the email This section applies for the purposes of
sections 171A
to
171C
. In relation to a dwelling, “relevant sale” means— a disposal by way of sale of the freehold interest in the a disposal by way of sale of a leasehold interest in the dwelling, the grant of an option to require the disposal by way of sale
except as mentioned in
subsection (3)
.
A disposal by way of sale of a leasehold interest in a dwelling, or the the grant of a term of less than 7 years, or the assignment of a term which, at the date of the assignment, A reference to the disposal of an interest includes a reference to the Except as mentioned in
subsection (6)
, a relevant sale is made when Where a relevant sale is made in pursuance of a binding agreement
private registered providers), after
section 171
(power to dispose) insert—
“Prior notification of local housing authority etc: England
171A
Requirement to give notice of proposed sale
(1)
dwelling in England that is social housing unless each of conditions
A to C is met (but see
section 171B
).
(2)
notice in accordance with
section 171C
in relation to the relevant sale
to the following—
(a)
is situated,
(b)
reasonable enquiries, is a private registered provider that is
providing social housing in that area at the time the sale notice
is given to the person, and
(c)
of State may specify in regulations.
(3)
relevant day has ended.
(4)
day has not ended.
(5)
day after the day on which Condition A is satisfied in relation to the
relevant sale.
171B
Requirement to give notice: exceptions
(1)
registered provider.
(2)
low cost home ownership accommodation which consists of the
disposal by way of sale of a leasehold interest in the dwelling to a
person who—
(a)
and immediately after the disposal of the interest, or
(b)
(3)
(a)
arrangements (see section 70(4));
(b)
(see section 70(5));
(c)
(see
paragraph 7
(4)
(a)
of
Schedule 9
to the
Finance Act 2003
).
(4)
the dwelling is sold to the tenant.
(5)
section 73.
(6)
to—
(a)
to a relevant sale of a dwelling;
(b)
171C
Sale notices
(1)
registered provider in relation to a relevant sale is a “sale notice” only
if it states—
(a)
(b)
(c)
comprised in the dwelling,
(d)
(e)
granted, pursuant to the relevant sale (identifying whether it
is the freehold interest, a leasehold interest or an option to
require the disposal by way of sale of either of those types of
interest),
(f)
determined within the period of six months ending with the
day on which the notice is given to the local housing authority,
and
(g)
sale.
(2)
satisfied only if what is stated in the notice for the purposes of that
paragraph is consistent with what could reasonably be expected to be
stated in an advertisement if the interest or option were being offered
for sale on the open market.
(3)
sending the notice to an email address by means of which the provider
believes, on reasonable grounds, that the notice will come to the
attention of the person.
(4)
(5)
was sent, unless the contrary is proved.
171D
Sections
171A
to
171C
: meaning of “relevant sale” etc
(1)
(2)
(a)
dwelling,
(b)
or
(c)
of the freehold interest or a leasehold interest in the dwelling,
(3)
grant of an option to require such a disposal, is not a “relevant sale”
if the sale of the interest comprises, or the exercise of the option would
comprise—
(a)
(b)
has less than 7 years to run.
(4)
creation of an interest.
(5)
it takes place.
(6)
to make it, the sale is to be treated as made when the agreement
becomes binding.”
In
section 320
(orders and regulations) in
subsection (3)
(d)
, for “or 126A”
substitute “, 126A or
171B
”.
The Secretary of State must, within 12 months of the passing of this Act,
conduct and publish a review of the operation and effectiveness of the shared
ownership scheme in England.
The review must consider in particular—
the affordability of shared ownership for leaseholders;
the extent to which shared ownership provides a viable route to full
home ownership;
the operation of staircasing arrangements, including the costs, fees
and valuation requirements associated with the purchase of additional
shares;
barriers faced by shared ownership leaseholders in staircasing to higher
levels of ownership or to full ownership;
the impact of service charges, repairs obligations and other housing
costs on shared ownership leaseholders;
whether legislative or regulatory changes are required to improve
transparency, affordability and access to full ownership.
The Secretary of State must lay the review before Parliament together with
a statement setting out any proposed actions in response to its findings.
Schedule 1
contains provision conferring protections on tenants who are
victims of domestic abuse.
Schedule 2
contains provision amending consent requirements relating to
social housing.
In
Chapter 2
of
Part 4
of the
Housing and Planning Act 2016
(vacant higher
value local authority housing)—
omit
sections 69
to
77
, together with the italic cross headings preceding
sections 69, 76 and 77;
omit section 79 .
In section 214 of the Housing and Planning Act 2016 (regulations)—
in subsection (2) , omit paragraphs (c) and (d) ,
in
subsection (5)
, omit “69(8),”
.
In the Housing Act 1985 —
in
section 34
(4A)
(consents to disposals and conditions) omit paragraph
(cb) (but not the final “and”);
in
section 43
(4A)
(consents to disposals and conditions) omit paragraph
(cb) (but not the final “and”).
In section 11 of the Local Government Act 2003 (use of capital receipts), in subsection (5A) , omit paragraph (b) and the “or” preceding it.
Schedule 3 contains provision regarding secure tenancies, introductory tenancies and demoted tenancies, including provision about succession to those tenancies.
In the
Housing and Planning Act 2016
, omit
Chapter 3
of
Part 4
(rents for
high income social tenants).
In
section 214
(2)
of the
Housing and Planning Act 2016
(regulations) omit
subsections (e) and (f).
In section 24 of the Housing Act 1985 (rent), omit subsection (5A) .
In
Part 2
of
Schedule 4
to the
Local Government and Housing Act 1989
(the
keeping of the Housing Revenue Account: debits), omit item 11.
In section 320 of the Housing and Regeneration Act 2008 (orders and regulations), in subsection (7) (d) , for “sections 70 and 72” substitute “those sections referred to in subsection (3)(d)”.
The Secretary of State may by regulations made by statutory instrument make
provision that is consequential on this Act.
Regulations under this section may amend or repeal provision made by an
Act of Parliament passed before, or in the same Session as, this Act.
The power to make regulations under this section includes power to make—
supplementary, incidental, transitional or saving provision;
different provision for different purposes.
A statutory instrument containing (whether alone or with other provision)
regulations under this section that amend or repeal provision made by an
Act of Parliament may not be made unless a draft of the instrument has been
laid before, and approved by a resolution of, each House of Parliament.
Any other statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.
This Act extends to England and Wales only.
On the day on which this Act is passed the following provisions come into
force—
section 1 (right to buy: qualifying period);
section 9 (right to buy: saving);
section 11 (right to acquire);
any provision of this Act (including provision modifying other
legislation) so far as it confers power to make regulations or is
otherwise necessary for enabling the exercise of such a power on or
after the day on which this Act is passed;
any other provision of this Part.
The provisions of this Act come into force in accordance with subsection (3) or (4) (if, or to the extent that, they do not come into force in accordance with subsection (1) ).
The following provisions come into force at the end of the period of two
months beginning with the day on which this Act is passed—
section 2 (right to buy: residential property owners);
section 3 (right to buy: eligibility);
section 4 (right to buy: timescales);
section 5 (right to buy: fraud);
section 6 (right to buy: discount);
section 7 (right of first refusal);
section 8 (right to buy);
sub-paragraphs
(4)
and
(5)
of
paragraph 1
of
Schedule 2
(demolition
notices) and
section 15
insofar as it relates to those sub-paragraphs;
section 16 (vacant higher value local authority housing);
section 18 (rents for high income social tenants).
Any reference in this Act to the coming into force of a provision is to its
coming into force other than for the purpose of making regulations.
The Secretary of State may by regulations make transitional or saving provision
in connection with the coming into force of any provision of this Act.
The power to make regulations under this section includes power to make
different provision for different purposes.
Regulations under this section are to be made by statutory instrument.
This Act may be cited as the Social Housing Act 2026.
The Housing Act 1985 is amended as follows.
In
section 83
(proceedings for possession or termination: general notice
requirements), in
subsection (A1)
, in
paragraph (a)
, after “behaviour)” insert
“or section
84B
(absolute ground for possession for domestic abuse)”.
In
section 83ZA
(notice requirements in relation to proceedings for
possession on absolute ground for anti-social behaviour)—
in the heading, after “behaviour” insert “or domestic abuse”;
in
subsection (1)
, after “behaviour)” insert “or section
84B
(absolute
ground for possession for domestic abuse)”;
in subsection (3) —
in paragraph (a) , after “84A” insert “or 84B ”;
in paragraph (b) , after “84A” insert “or 84B ”;
in
subsection (5)
, in the opening words, after “84A” insert “or
condition 1 in section
84B
”;
in
subsection (6)
, in the opening words, after “84A” insert “or
condition 2 in section
84B
”.
In
section 83A
(additional requirements in relation to certain proceedings
for possession)—
in subsection (3) —
in paragraph (a) , for “violence” substitute “abuse”;
“(b)
the victim as mentioned in that ground—
(i)
has left the dwelling-house, and
(ii)
is not a tenant of the dwelling-house,”;
in the closing words, for “partner” in both places substitute
“victim”;
in subsection (4) —
“(b)
the victim as mentioned in that ground—
(i)
has left the dwelling-house, and
(ii)
is not a party to the proceedings,”;
in the closing words, for “partner” in both places substitute
“victim”;
in subsection (5) , for “partner” substitute “victim”.
In
section 84
(grounds and orders for possession), in
subsection (1)
, after
“behaviour)” insert “, section
84B
(absolute ground for possession for
domestic abuse)”.
“84B Absolute ground for possession for domestic abuse
(1)
If the court is satisfied that either of the conditions in subsection
(4) or (5) is met, it must make an order for the possession of a
dwelling-house let under a secure tenancy.(2)
This section is subject to subsection (3) (and to any available defence
based on the tenant’s Convention rights, within the meaning of the Human Rights Act 1998).(3)
Subsection (1) applies only where the landlord has complied with
any obligations it has under section 85ZA (review of decision to seek possession).(4)
Condition 1 is that—
(a)
a tenant of the dwelling-house has been convicted of a
domestic abuse offence,(b)
the offence was committed on or after the commencement
day, and(c)
the victim, or a victim, of the offence—
(i)
is personally connected to the tenant, and
(ii)
is a current or former occupant of the dwelling-house.
(5)
Condition 2 is that—
(a)
the court has found in proceedings for contempt of court
that on or after the commencement day a tenant of the dwelling-house has breached—(i)
a non-molestation order under the Family Law Act
1996 , or(ii)
a domestic abuse protection order under the Domestic
Abuse Act 2021 , and(b)
the victim, or a victim, of the breach—
(i)
is personally connected to the tenant, and
(ii)
is a current or former occupant of the dwelling-house.
(6)
Condition 1 or 2 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.(7)
For the purposes of condition 1, “domestic abuse offence” means—
(a)
an offence under section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship),
(b)
an offence under section 42A of the Family Law Act 1996 (breach of non-molestation order),
(c)
an offence under section 5A (2D) of the Protection from
Harassment Act 1997 (breach of restraining order),(d)
an offence under section 363 of the Sentencing Act 2020 (breach of restraining order),
(e)
a serious offence with a finding under section 56A of the Sentencing Act 2020 or section 253A of the Armed Forces
Act 2006 that the offence involved domestic abuse by the
offender, or(f)
an offence under section 39 of the Domestic Abuse Act 2021 (breach of domestic abuse protection order).
(8)
For the purposes of condition 1, the table below sets out who is a
victim of each domestic abuse offence.
Offence
Victim
Section 76 of the Serious
Crime Act 2015The person subject to the controlling or coercive behaviour mentioned in that section .
Section 42A of the Family
Law Act 1996Any person that the non-molestation order that has been breached is intended to protect.
Any person subject to behaviour that breached the restraining order.
Section 363 of the Sentencing
Act 2020Any person subject to behaviour that breached the restraining order.
A serious offence with a finding of domestic abuse under section 56A of the Sentencing Act 2020 or section
253A of the Armed Forces Act
2006Any person subject to the behaviour that constituted the offence in question.
Any person that the domestic abuse protection order that has been breached is intended to protect from abuse.
(9)
For the purposes of condition 2—
(a)
a victim of a breach of a non-molestation order under the Family Law Act 1996 , is any person that the order that has
been breached is intended to protect;(b)
a victim of a breach of a domestic abuse protection order
under the Domestic Abuse Act 2021 , is any person that the order that has been breached is intended to protect from abuse.(10)
For the purposes of this section—
“
abusive behaviour” means behaviour that is abusive within
the meaning of section 1 (3) of the Domestic Abuse Act 2021 ;“
commencement day”—(a)
in relation to condition 1, means the day on which subsection (4) comes into force;
(b)
in relation to condition 2, means the day on which subsection (5) comes into force;
“
current or former occupant of the dwelling-house” means a
person who—(a)
occupies the dwelling-house, or
(b)
was occupying the dwelling-house but left for reasons
relating to—(i)
the offence or breach in question, or
(ii)
other abusive behaviour of the tenant;
“
personally connected” has the same meaning as in the Domestic Abuse Act 2021 (see section 2 of that Act);“
serious offence” means an offence which—(a)
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(b)
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).84C Restriction on operation of notices to quit: domestic abuse
(1)
A notice to quit given by a tenant in relation to a dwelling-house
let on a secure tenancy has no effect if subsection (2) or (3) applies.(2)
This subsection applies where—
(a)
a notice has been served under section 83(1)(a) or 83ZA for
possession of the dwelling-house on the basis of at least one of the domestic abuse grounds (the “relevant ground”) and is still in force,(b)
the tenant giving the notice to quit is alleged to have carried
out the domestic abuse, offence or breach referred to in that ground, and(c)
the tenant giving the notice to quit and—
(i)
the victim mentioned in the relevant ground, or
(ii)
a member of that victim’s family,
are joint tenants of the dwelling-house (whether or not with others).
(3)
This subsection applies where—
(a)
proceedings for possession of the dwelling-house on the
basis of at least one of the domestic abuse grounds (the “relevant ground”) have been commenced and have not been concluded,(b)
the tenant giving the notice to quit is alleged to have carried
out the domestic abuse, offence or breach referred to in that ground, and(c)
the tenant giving the notice to quit and—
(i)
the victim mentioned in the relevant ground, or
(ii)
a member of that victim’s family,
are joint tenants of the dwelling-house (whether or not with others).
(4)
In this section, the “domestic abuse grounds” are—
(a)
condition 1 or 2 of section 84B (whether with or without
other grounds in Schedule 2);(b)
Ground 2A in Schedule 2 (whether with or without other
grounds in Schedule 2).”
In
section 85ZA
(review of decision to seek possession on absolute ground
for anti-social behaviour)—
in the heading, after “behaviour” insert “or domestic abuse”;
in subsection (1) , in the opening words, after “84A” insert “or 84B ”.
In
section 85A
(proceedings for possession on non-absolute grounds:
anti-social behaviour)—
in the heading, after “behaviour” insert “or domestic abuse”;
in subsection (1) , for “This section” substitute “Subsection (2)”;
“(3)
Subsection (4) applies if the court is considering under section
84(2)(a) whether it is reasonable to make an order for possession on ground 2A set out in Part 1 of Schedule 2 (domestic abuse).(4)
The court must as far as it is possible to do so consider the
opinion of the victim mentioned in that ground about the proposed making of the order.”
“85B Requirement to order transfer of tenancy in domestic abuse cases
(1)
This section applies on an application for an order for possession
of a dwelling-house let on a secure tenancy if the court is satisfied that subsection (2) or (3) applies.(2)
This subsection applies if—
(a)
the court considers it reasonable to make a possession order
in relation to the dwelling-house on ground 2A in Schedule 2 (domestic abuse), and(b)
the perpetrator tenant and—
(i)
the victim mentioned in that ground, or
(ii)
a member of that victim’s family,
are joint tenants of the dwelling-house (whether or not with others).
(3)
This subsection applies if—
(a)
the court is required to make a possession order in relation
to the dwelling-house on the basis that condition 1 or condition 2 under section 84B is met (offences or breaches relating to domestic abuse), and(b)
the perpetrator tenant and—
(i)
the victim mentioned in that section, or
(ii)
a member of that victim’s family,
are joint tenants of the dwelling-house (whether or not with others).
(4)
The court must, instead of making an order for possession, order
that the perpetrator tenant’s interest under the tenancy is to be transferred so that it is held—(a)
if the victim, or member of the victim’s family, in question
is the only other joint tenant, by that tenant as sole tenant (“the recipient tenant”), or(b)
if there is more than one other joint tenant, by all of them
as joint tenants (“the recipient tenants”).(5)
Subsection (4) does not apply if—
(a)
in the opinion of the court it would be inappropriate for the
recipient tenant or any of the recipient tenants to occupy or continue to occupy the dwelling-house in question for reasons relating to the abuse, offence or breach, and(b)
the court is satisfied that suitable alternative accommodation
is available for the recipient tenant or recipient tenants or would be available to them when any order for possession took effect,and accordingly the court must instead make an order for possession.
(6)
For the purposes of subsection (5) (b) alternative accommodation
will be “suitable” in relation to a person if it meets the requirements set out in Part 4 of Schedule 2 to this Act (reading references in that paragraph to the tenant and the tenant’s family as references to that person and the person’s family).(7)
(8)
In this section and section 85C , the “perpetrator tenant” means—
(a)
in relation to a case where condition 1 under section 84B is
met, the tenant who committed the offence by virtue of which that condition is met;(b)
in relation to a case where condition 2 under section 84B is
met, the tenant who committed the breach by virtue of which that condition is met;(c)
in relation to a case where ground 2A in Schedule 2 is
established, the tenant who the court considers carried out domestic abuse.85C Effect of order under section 85B
(1)
This section makes provision about the effect of an order made by
the court under section 85B (4) (transfer of tenancy) in relation to a secure tenancy.(2)
From the time the order takes effect, the recipient tenant or recipient
tenants (as defined by section 85B (4) )—(a)
are entitled to performance of the landlord’s covenants under
the tenancy, and(b)
are liable to perform the perpetrator tenant’s covenants under
the tenancy.(3)
From the time the order takes effect, the perpetrator tenant —
(a)
ceases to be entitled to performance of the landlord’s
covenants under the tenancy, and(b)
ceases to be liable to perform the tenant’s covenants under
the tenancy.(4)
Subsection (3) does not remove any right or liability of the
perpetrator tenant which accrued before the order took effect.(5)
The order does not operate to create a new tenancy as between the
landlord and the recipient tenant or recipient tenants.(6)
In particular, if the tenancy is a fixed term tenancy, the term comes
to an end at the same time as if the order had not been made.”
In
section 88
(cases where the tenant is a successor), after
subsection (4)
insert— A tenant who was a joint tenant and has become the sole tenant by
“(5)
virtue of
section 85B
(transfer of tenancy in domestic abuse cases)
is not a successor.”
In section 138 (duty of landlord to convey freehold or grant lease)—
in
subsection (2A)
, in
paragraph (a)
, for “or section 84A possession
order” substitute “, section 84A possession order or section
84B
possession order”;
in
subsection (2B)
, in
paragraph (a)
, for “or an operative section
84A possession order” substitute “, an operative section 84A
possession order or an operative section
84B
possession order”;
In Schedule 1 , in paragraph 4ZA (family intervention tenancies), in sub-paragraph (12) , in the definition of “relevant possession order”, in paragraph (b) after “84A” insert “or 84B ”.
In
Part 1
of
Schedule 2
(grounds on which court may order possession if
“Ground 2A
The following conditions are met in relation to a dwelling-house.
is personally connected to A, and is a current or former occupant of the dwelling-house. where A is the sole tenant, the landlord wishes to recover the victim, or a member of the victim’s family,
are joint tenants (whether or not with others), the landlord
wishes to transfer A’s interest under the tenancy to the
victim, or member of the victim’s family, and any other joint
tenants, or
where A is a joint tenant and neither the victim, nor any
For the purposes of this ground—
“abusive” has the meaning given in section 1(3) of the Domestic
Abuse Act 2021;
occupies the dwelling-house, or the offence or breach in question, or other abusive behaviour of the tenant;
“
it considers it reasonable), for ground 2A substitute—
possession of the dwelling-house from A,
member of the victim’s family, is a joint tenant, the landlord
wishes to recover possession of the dwelling-house.
relating to—
personally connected” has the same meaning as in the Domestic
Abuse Act 2021 (see section 2 of that Act).”
In
Schedule 2A
(absolute ground for possession for anti-social behaviour:
serious offences), in the heading, after “behaviour” insert “or domestic
abuse”.
In
Schedule 3
(grounds for withholding consent to assignment by way of
exchange), in ground 2ZA—
after “possession for anti-social behaviour)” insert “or section 84B (absolute ground for possession for domestic abuse);
after “ground for anti-social behaviour” insert “or domestic abuse”.
The Housing Act 1988 is amended as follows.
In
section 1A
(application of Chapters 1, 2 and 3 of this Part to dwelling
in Wales), in
subsection (3)
, after “2025” insert “or the Social Housing Act
2026”.
In section 7 (orders for possession)—
in subsection (5A) (a) , after “7A” insert “, 7AA”;
in
subsection (5D)
, in the opening words, for “either or both of
Grounds 7A and 14” substitute “any or all of Grounds 7A, 7AA and
14”;
in subsection (6) (a) , after “Ground 7A,” insert “Ground 7AA,”.
In section 8 (notice of proceedings for possession)—
in
subsection (3A)
, in the opening words, after “Ground 7A” insert
“or Ground 7AA”;
in subsection (4) —
for “either or both of Grounds 7A and 14” substitute “any
or all of Grounds 7A, 7AA and 14”;
after “than Ground 7A” insert “or 7AA”;
in subsection (4A) , after “7A” insert “, 7AA”;
in subsection (4AA) , after “7A” insert “, 7AA”;
in subsection (4C) , after “7A” insert “or 7AA”;
in
subsection (4D)
, in the opening words, after “7A,” insert “or
condition 1 in Ground 7AA,”;
in
subsection (4E)
, in the opening words, after “7A,” insert “or
condition 2 in Ground 7AA,”;
in subsection (5) , after “7A” insert “, 7AA”.
In
section 8A
(additional notice requirements: ground of domestic
violence)—
in the heading, for “violence” substitute “abuse”;
in subsection (1) —
in the opening words, for the words beginning with “partner”
to “that ground” substitute “victim as mentioned in that
ground has left the dwelling-house and”;
in
paragraph (a)
, for “partner” in both places substitute
“victim”;
in subsection (2) —
in the opening words, for the words beginning with “partner”
to “ground” substitute “victim as mentioned in that ground
has left the dwelling-house and”;
in
paragraph (a)
, for “partner” in both places substitute
“victim”.
“8B Restriction on operation of notices to quit: domestic abuse
(1)
A notice to quit given by a tenant in relation to a dwelling-house
let on an assured tenancy has no effect if subsection (2) or (3) apply.(2)
This subsection applies where—
(a)
a notice has been served by a social housing landlord under
section 8(1)(a) for possession of the dwelling-house on at least one of the domestic abuse grounds (“the relevant ground”) and the notice is still in force,(b)
the tenant giving the notice to quit is alleged to have carried
out the domestic abuse, offence or breach referred to in that ground, and(c)
the tenant giving the notice to quit and—
(i)
the victim who is referred to in the relevant ground,
or(ii)
a member of that victim’s family (within the meaning
of Part 1 of the Housing Act 1996),are joint tenants of the dwelling-house (whether or not with others).
(3)
This subsection applies where—
(a)
proceedings for possession of the dwelling-house on at least
one of the domestic abuse grounds (the “relevant ground”) have been commenced and have not been concluded,(b)
the tenant giving the notice to quit is alleged to have carried
out the domestic abuse, offence or breach referred to in that ground, and(c)
the tenant giving the notice to quit and—
(i)
the victim who is referred to in the relevant ground,
or(ii)
a member of that victim’s family (within the meaning
of Part 1 of the Housing Act 1996),are joint tenants of the dwelling-house (whether or not with others).
(4)
In this section the “domestic abuse grounds” are the following
grounds in Schedule 2—(a)
Ground 7AA (whether or not with other grounds);
(b)
Ground 14A (whether or not with other grounds).
(5)
In this section, “social housing landlord” means a social housing
provider within the meaning of ground 7AA and ground 14A of Schedule 2.”
In
section 9A
(proceedings for possession on non-absolute grounds:
anti-social behaviour)—
in the heading, after “behaviour” insert “or domestic abuse”;
in
subsection (1)
, for “This section applies” substitute “Subsections
(2) to (5) apply”;
“(6)
Subsection (7) applies if the court is considering under section
7(4) whether it is reasonable to make an order for possession on ground 14A set out in Part 2 of Schedule 2 (domestic abuse).(7)
The court must as far as it is possible to do so consider the
opinion of the victim mentioned in that ground about the proposed making of the order.”
In
section 10A
(power to order transfer of tenancy in certain cases), at the
end of the heading insert “relating to immigration status”.
“10B Requirement to order transfer of tenancy in certain cases relating
to domestic abuse(1)
This section applies on an application for an order for possession
of a dwelling-house let on an assured tenancy if the court is satisfied that subsection (2) or (3) applies.(2)
This subsection applies if—
(a)
the court considers it reasonable to make a possession order
in relation to the dwelling-house on ground 14A in Schedule 2 (domestic abuse), and(b)
the perpetrator tenant and—
(i)
the victim mentioned in that ground, or
(ii)
a member of that victim’s family (within the meaning
of Part 1 of the Housing Act 1996),are joint tenants of the dwelling-house (whether or not with others).
(3)
This subsection applies if—
(a)
the court is required to make a possession order in relation
to the dwelling-house on the basis that condition 1 or condition 2 under ground 7AA in Schedule 2 is met (offences or breaches relating to domestic abuse), and(b)
the perpetrator tenant and—
(i)
the victim mentioned in that ground, or
(ii)
a member of that victim’s family (within the meaning
of Part 1 of the Housing Act 1996),are both joint tenants of the dwelling-house (whether or not with others).
(4)
The court must, instead of making an order for possession, order
that the perpetrator tenant’s interest under the tenancy is to be transferred so that it is held—(a)
if the victim, or member of the victim’s family, in question
is the only other joint tenant, by that tenant as sole tenant (“the recipient tenant”), or(b)
if there is more than one other joint tenant, by all of them
as joint tenants (“the recipient tenants”).(5)
Subsection (4) does not apply if—
(a)
in the opinion of the court it would be inappropriate for the
recipient tenant or any of the recipient tenants to occupy or continue to occupy the dwelling-house in question for reasons relating to the abuse, offence or breach, and(b)
the court is satisfied that suitable alternative accommodation
is available for the recipient tenant or recipient tenants in question or would be available to them when any order for possession took effect,and, accordingly, the court must instead make an order for possession of the dwelling-house.
(6)
For the purposes of subsection (5) (b) alternative accommodation
will be “suitable” if it meets the following conditions—(a)
it is let as a separate dwelling with adequate security of
tenure;(b)
it is affordable;
(c)
it is in an appropriate location;
(d)
it is not overcrowded.
(7)
Before reaching a view for the purposes of subsection (5) (b) the
court must as far as it is possible to do so consider the opinion of the recipient tenant or recipient tenants about the suitability of any proposed alternative accommodation.(8)
In this section and section 10C “the perpetrator tenant” means—
(a)
in relation to a case where condition 1 under ground 7AA
is met, the tenant who committed the offence by virtue of which that condition is met;(b)
in relation to a case where condition 2 under ground 7AA
is met, the tenant who committed the breach by virtue of which that condition is met;(c)
in relation to a case where ground 14A is established, the
tenant who the court considers carried out domestic abuse.10C Effect of order under section 10B
(1)
This section makes provision about the effect of an order made by
the court under section 10B (4) in relation to an assured tenancy (transfer of tenancy).(2)
From the time the order takes effect, the recipient tenant or recipient
tenants (as defined in section 10B (4) )—(a)
are entitled to performance of the landlord’ covenants under
the tenancy, and(b)
are liable to perform the perpetrator tenant’s covenants under
the tenancy.(3)
From the time the order takes effect, the perpetrator tenant—
(a)
ceases to be entitled to performance of the landlord’s
covenants under the tenancy, and(b)
ceases to be liable to perform the tenant’s covenants under
the tenancy.(4)
Subsection (3) does not remove any right or liability of the
perpetrator tenant which accrued before the order took effect.(5)
The order does not operate to create a new tenancy as between the
landlord and the recipient tenant or recipient tenants.(6)
In particular, if the tenancy is a fixed term tenancy, the term comes
to an end at the same time as if the order had not been made.”
In
section 16M
(duties of landlords etc, penalties and offences:
interpretation), in
subsection (6)
(a)
, after “7A” insert “, 7AA”.
In Schedule 1 , in paragraph 12ZA (family intervention tenancies), in sub-paragraph (3) (a) (i) , after “7A” insert “or 7AA”.
In
Part 1
of
Schedule 2
(grounds on which court must order possession),
“Ground 7AA
One of the following conditions is met.
the landlord of the dwelling house is a social housing a tenant of the dwelling-house has been convicted of a the offence was committed on or after the commencement is personally connected to the tenant, and is a current or former occupant of the dwelling-house. the landlord of the dwelling house is a social housing a non-molestation order under the
Family Law Act a domestic abuse protection order under the
Domestic is personally connected to the tenant, and is a current or former occupant of the dwelling-house. there is an appeal against the conviction, finding or order the final determination of the appeal results in the conviction, an offence under
section 76
of the
Serious Crime Act 2015
(controlling or coercive behaviour in an intimate or family
relationship),
an offence under
section 42A
of the
Family Law Act 1996
(breach of non-molestation order),
an offence under
section 5A
(2D)
of the
Protection from an offence under
section 363
of the
Sentencing Act 2020
(breach of restraining order),
a serious offence with a finding under
section 56A
of the
Sentencing Act 2020
or
section 253A
of the
Armed Forces an offence under
section 39
of the
Domestic Abuse Act 2021
(breach of domestic abuse protection order).
For the purposes of condition 1, the table below sets out who is a
victim of each domestic abuse offence.
Offence
Victim
Section 76
of the
Serious
The person subject to the
controlling or coercive behaviour
mentioned in
that section
.
Section 42A
of the
Family
Any person that the
non-molestation order that has
been breached is intended to
protect.
Any person subject to behaviour
that breached the restraining order.
Section 363
of the
Sentencing
Any person subject to behaviour
that breached the restraining order.
A serious offence with a
finding of abuse under
section 56A
of the
Sentencing
Any person subject to the
behaviour that constituted the
offence in question.
Any person that the domestic abuse
protection order that has been
breached is intended to protect
from abuse.
a victim of a breach of a non-molestation order under the
Family Law Act 1996
, is any person that the non-molestation a victim of a breach of a domestic abuse protection order
For the purposes of conditions 1 and 2—
“abusive behaviour” means behaviour that is abusive within the
meaning of
section 1
(3)
of the
Domestic Abuse Act 2021
;
“charitable housing trust” means a housing trust, within the meaning
of the
Housing Associations Act 1985
, which is a charity;
“commencement day” means the day on which this ground comes
into force;
occupies the dwelling-house, or the offence or breach in question, or other abusive behaviour towards them by the tenant;
“personally connected” has the same meaning as in the Domestic
Abuse Act 2021 (see section 2 of that Act);
“registered social landlord” has the same meaning as in Part I of
the Housing Act 1996;
is specified, or falls within a description specified, in
Schedule 2A
to the
Housing Act 1985
at the time the offence is not an offence that is triable only summarily by virtue of
section 22
of the
Magistrates’ Courts Act 1980
(either-way a non-profit registered provider of social housing, a where the dwelling-house is social housing within the
after ground 7A insert—
provider,
domestic abuse offence,
day, and
provider,
that on or after the commencement day a tenant of the
dwelling-house has breached—
1996
, or
Abuse Act 2021
, and
concerned which has not been finally determined, abandoned
or withdrawn, or
finding or order being overturned.
Harassment Act 1997
(breach of restraining order),
Act 2006
that the offence involved domestic abuse by the
offender, or
Crime Act 2015
Law Act 1996
Act 2020
Act 2020
or
section 253A
of
the
Armed Forces Act 2006
order that has been breached is intended to protect;
under the
Domestic Abuse Act 2021
, is any person that the
order that has been breached is intended to protect from
abuse.
relating to—
was committed and at the time the court is considering the
matter, and
offences where value involved is small);
registered social landlord or a charitable housing trust, or
meaning of
Part 2
of the
Housing and Regeneration Act 2008
, a profit-making registered provider of social housing.”
In
Part 2
of
Schedule 2
(grounds on which court may order possession),
“Ground 14A
The following conditions are met in relation to a dwelling-house.
Condition 1 is that the landlord who is seeking possession is a social
housing provider.
is personally connected to the tenant, and is a current or former occupant of the dwelling-house. where A is the sole tenant, to recover possession of the the victim, or a member of the victim’s family (within the meaning
are joint tenants (whether or not with others), to transfer A’s
interest under the tenancy to the victim, or member of the
victim’s family, and any other joint tenants, or
where A is a joint tenant and neither the victim, nor any
For the purposes of this ground—
“charitable housing trust” means a housing trust, within the meaning
of the
Housing Associations Act 1985
, which is a charity;
occupies the dwelling-house, or was occupying the dwelling-house but left for reasons
“domestic abuse” means behaviour that is abusive within the
meaning of
section 1
(3)
of the
Domestic Abuse Act 2021
;
“personally connected” has the same meaning as in the Domestic
Abuse Act 2021 (see section 2 of that Act);
“registered social landlord” has the same meaning as in
Part I
of a non-profit registered provider of social housing, a where the dwelling-house is social housing within the
for ground 14A substitute—
dwelling-house from A,
of
Part 1
of the
Housing Act 1996
),
member of the victim’s family, is a joint tenant, to recover
possession of the dwelling-house.
relating to the domestic abuse;
the
Housing Act 1996
;
registered social landlord or a charitable housing trust, or
meaning of
Part 2
of the
Housing and Regeneration Act 2008
, a profit-making registered provider of social housing.”
In
section 160
of the
Housing Act 1996
(cases where provisions about
allocation do not apply)—
“(dza)
is granted as suitable alternative accommodation in
accordance with section 85B (5) of that Act (requirement to order transfer of tenancy in domestic abuse cases),”;
“(2A)
They do not apply where the interest under a secure tenancy
is transferred under section 85B of the Housing Act 1985 (requirement to order transfer of tenancy in domestic abuse cases).”
Schedule 14
to the
Localism Act 2011
(grounds on which landlord may
refuse to surrender and grant tenancies under section 158) is amended as
follows.
In paragraph 4A —
in
sub-paragraph (2)
(b)
, for “of the Housing Act” to the end of
that
paragraph
substitute “or
84B
of the Housing Act 1985 (absolute
ground for possession for anti-social behaviour or domestic abuse).”;
in sub-paragraph (3) (a) , after “behaviour” insert “or domestic abuse”.
In paragraph 5A —
in sub-paragraph (2) (b) , for “in Part 1” to the end of that paragraph substitute “or 7AA in Part 1 of Schedule 2 to the Housing Act 1988 (absolute ground for possession for anti-social behaviour or domestic abuse).”;
in sub-paragraph (3) (b) after “7A” insert “or 7AA”.
The Housing Act 1985 is amended as follows.
“(1A)
In relation to local housing authorities in England, consent under
subsection (1) may be given—(a)
either generally to all local housing authorities or to a
particular authority or description of authority;(b)
either in relation to a particular building or land or in
relation to buildings or land of a particular description.”
In
section 171D
(disposal of landlord’s interest in qualifying dwelling-house),
omit
subsections (2)
to
(4)
.
In Schedule 5 (exceptions to the right to buy)—
in
paragraph 13
(2)
(c)
(ii)
, omit “(unless extended under paragraph
;
15)”
in
paragraph 13
(5)
(b)
, for “paragraph 15(1) to (7A)”
substitute “
;
paragraph 15”
in
paragraph 13
(8)
(d)
, for “extended or” substitute “it ceases to have
effect or is”;
omit paragraphs 15 (1) to (3) ;
“(7B)
A landlord may at any time serve a further final
demolition notice in accordance with paragraphs 13 and 14 in relation to a dwelling-house.(7C)
A landlord may serve more than one further notice by
virtue of sub-paragraph (7B) in relation to a dwelling-house.(7D)
If at the time that a further final demolition notice is
served in relation to a dwelling-house a final demolition notice is already in force in relation to the dwelling-house (an “existing final demolition notice”), the existing final demolition notice ceases to have effect from the day on which the further final demolition notice is served.(7E)
The conditions in sub-paragraphs (7F) and (7G) apply
where a further final demolition notice is served by a relevant landlord—(a)
before the expiry of an existing final demolition
notice relating to the dwelling-house, or(b)
within the period of 5 years beginning with the
date on which the final demolition notice that preceded it (the “earlier final demolition notice”) ceased to be in force (for any reason).(7F)
The final demolition notice must include the reason why
the proposed demolition date of the dwelling-house, or the building containing it, needs to be later than that provided for under the existing final demolition notice or earlier final demolition notice (as well as including the other matters specified in paragraph 13(2)).(7G)
A notice given under paragraph 13(7) in relation to the
final demolition notice must include the reason why the proposed demolition date of the dwelling-house, or the building containing it, needs to be later than that provided for under the existing final demolition notice or earlier final demolition notice (as well as including the other matters specified in paragraph 13(8)).(7H)
For the purposes of sub-paragraph (7E) , a “relevant
landlord” means—(a)
the landlord who served the existing final
demolition notice or the earlier final demolition notice, or(b)
a landlord who served a continuation notice under
paragraph 15A in respect of the existing final demolition notice or earlier final demolition notice.”
omit paragraphs 15 (8) to (10) .
In
Schedule 5A
(initial demolition notices), for
paragraph 4
(and the italic A landlord may at any time serve a further initial demolition A landlord may serve more than one further notice by virtue of
sub-paragraph (1)
in relation to a dwelling-house. If at the time that a further initial demolition notice is served in The conditions in sub-paragraphs
(5)
and
(6)
apply where a before the expiry of an existing initial demolition notice within the period of 5 years beginning with the date on The initial demolition notice must include the reason why a A notice given in accordance with paragraph 2(2) and (3) in For the purposes of
sub-paragraph (4)
, a “relevant landlord” the landlord who served the existing initial demolition a landlord who served a continuation notice under
heading before it) substitute—
“Further demolition notices
4A
(1)
notice in accordance with paragraphs 1 and 2 in relation to a
dwelling-house.
(2)
(3)
relation to a dwelling-house an initial demolition notice is already
in force in relation to the dwelling-house (an “existing initial
demolition notice”), the existing initial demolition notice ceases
to have effect from the day on which the further initial demolition
notice is served.
(4)
further initial demolition notice is served by a relevant landlord—
(a)
relating to the dwelling-house, or
(b)
which the initial demolition notice that preceded it (the
“earlier initial demolition notice”) ceased to be in force
(for any reason).
(5)
further period for demolition is needed in addition to that
provided for under the existing initial demolition notice or earlier
initial demolition notice (as well as including the other matters
specified in paragraph 1).
(6)
relation to the initial demolition notice must include the reason
why a further period for demolition is needed in addition to that
provided for under the existing initial demolition notice or earlier
initial demolition notice (as well as including the other matters
specified in paragraph 2(3)).
(7)
means—
(a)
notice or the earlier initial demolition notice, or
(b)
paragraph 3A in respect of the existing initial demolition
notice or earlier initial demolition notice.”
Section 133
of the
Housing Act 1988
(consent required for certain subsequent
disposals) is amended as follows.
In subsection (1) —
after “required for disposal” insert “of land in Wales”;
for “appropriate authority” substitute “Welsh Ministers”.
Omit subsection (1ZA) .
In subsection (3) (c) , for “appropriate authority” substitute “Welsh Ministers”.
In subsection (5) —
in the opening words, for “appropriate authority” substitute “Welsh
Ministers”;
in
paragraph (a)
, for “shall satisfy itself” substitute “must be
satisfied”.
The Local Government and Housing Act 1989 is amended as follows.
In section 172 (transfer of new town housing stock)—
in subsection (1), for “Secretary of State”, substitute “appropriate
authority”;
in subsection (4)—
in the opening words, for the words beginning with the first
“Secretary of State” to “satisfied” substitute “appropriate
authority; and the appropriate authority may not give its
consent to a proposed transfer unless it is satisfied”;
in paragraph (c)(i), for “him” substitute “it”;
in subsection (5), for “Secretary of State”, substitute “appropriate
authority”;
in subsection (7)(c)—
for “Secretary of State from exercising his power” substitute
“appropriate authority from exercising its power”;
for “Secretary of State”, in the second place it appears,
substitute “appropriate authority”;
““
appropriate authority” means—(a)
in relation to a disposal of land in England, the
Secretary of State;(b)
in relation to a disposal of land in Wales, the Welsh
Ministers;”
In section 173 (consent required for subsequent disposals)—
in the heading, after “disposals”
insert “in Wales”
;
in subsection (1), in the opening words—
after “Where a dwelling” insert “in Wales”;
omit “a secure tenancy or, in Wales,”;
in subsection (1)(a), for “appropriate authority” substitute “Welsh
Ministers”;
omit subsection (1A);
in subsection (3)(a), after “Secretary of State” insert “or Welsh
Ministers”;
in subsection (5)—
in the opening words, for “appropriate authority” substitute
“Welsh Ministers”;
in paragraph (a), for “shall satisfy itself” substitute “must be
satisfied”;
in subsection (10), omit the definition of “secure tenancy”.
In the
Housing and Planning Act 2016
, omit
section 118
and Schedule 7
(which make uncommenced changes to the law about secure tenancies,
introductory tenancies and demoted tenancies that would have phased out
tenancies for life).
The following provision is consequential on the omission of
Schedule 7
to
the
Housing and Planning Act 2016
—
in
section 81ZA
of the
Housing Act 1985
(grant of secure tenancies
in cases of domestic abuse), in
subsection (1)
, omit the words from “
to
before”“into force”
;
the
Secure Tenancies (Victims of Domestic Abuse) Act 2018
is
repealed;
in
section 79
of the
Domestic Abuse Act 2021
(grant of secure
tenancies in cases of domestic abuse), omit
subsection (3)
.
In the
Housing and Planning Act 2016
, omit
section 119
(which makes
uncommenced amendments of the Housing Act 1985 that would have
provided for the termination of fixed-term secure tenancies without the
need to forfeit them).
In the
Housing and Planning Act 2016
, omit
section 120
and Schedule 8
(which make uncommenced changes to the law about succession to secure
tenancies, introductory tenancies and demoted tenancies).
The following amendment replicates the provision made by paragraph 3 (2) of Schedule 8 to the Housing and Planning Act 2016 .
In
section 86A
of the
Housing Act 1985
(which was inserted by section 160 This section applies to a tenancy that was granted before 1 April
of the Localism Act 2011, deals with persons qualified to succeed the tenant
under a secure tenancy in England, and would have been renumbered as
section 86G by paragraph 3(1)(a) of Schedule 8 to the Housing and Planning
Act 2016), after
subsection (7)
insert—
“(8)
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.”
In consequence of that amendment of section 86A, omit
section 160
(6)
of
the
Localism Act 2011
(which provides for section 86A not to apply to
pre-commencement secure tenancies and secure tenancies coming into being
at the end of pre-commencement secure tenancies).
The following amendments replicate the provision made by paragraphs 7
and 9(1) and (2) of, and parts of
paragraphs 10
and
13
of,
Schedule 8
to
the
Housing and Planning Act 2016
.
Before
section 131
of the
Housing Act 1996
(but after the italic heading) A person is qualified to succeed the tenant under an introductory the person occupies the dwelling-house as the person’s only the person is the tenant’s spouse or civil partner. A person is qualified to succeed the tenant under an introductory at the time of the tenant’s death the dwelling-house is not an express term of the tenancy makes provision for a person the person’s succession is in accordance with that term. In such a case, a person is qualified to succeed the tenant if— an express term of the tenancy makes provision for a person the person’s succession is in accordance with that term. For the purposes of this section a person who was living with the Such one of those persons as may be agreed between them or as
insert—
“130A
Persons qualified to succeed to introductory tenancy
(1)
tenancy of a dwelling-house if—
(a)
or principal home at the time of the tenant’s death, and
(b)
(2)
tenancy of a dwelling-house if—
(a)
occupied by a spouse or civil partner of the tenant as the
spouse’s or civil partner’s only or principal home,
(b)
other than such a spouse or civil partner of the tenant to
succeed to the tenancy, and
(c)
(3)
(4)
(a)
to succeed a successor to the tenancy, and
(b)
(5)
tenant as the tenant’s wife or husband is to be treated as the tenant’s
spouse.
(6)
(7)
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.”
In
section 133
of the
Housing Act 1996
(succession to introductory tenancy), Where there is a person qualified to succeed the tenant under section
130A
, the tenancy vests by virtue of this section— in that person, or if there is more than one such person, in such one of them
after
subsection (1)
, insert—
“(1A)
(a)
(b)
as may be agreed between them or as may, where there is
no agreement, be selected by the landlord.”
“143GA Persons qualified to succeed to demoted tenancy
(1)
A person is qualified to succeed the tenant under a demoted tenancy
of a dwelling-house if—(a)
the person occupies the dwelling-house as the person’s only
or principal home at the time of the tenant’s death, and(b)
the person is the tenant’s spouse or civil partner.
(2)
A person is qualified to succeed the tenant under a demoted tenancy
of a dwelling-house 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 the spouse’s or civil partner’s 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)
(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.
(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)
(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 3 of the Social Housing Act 2026 comes into force.143GB Succession to demoted tenancy
(1)
This section applies if the tenant under a demoted tenancy of a
dwelling-house 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.”
In section 143J (demoted tenancies: successor tenants) for subsection (7) A person is a successor to a demoted tenancy if the tenancy vests
substitute—
“(7)
in the person by virtue of section 143GB(2).”
In consequence of the amendments made by sub-paragraphs (6) to (9), in
the Housing Act 1996—
omit section 131 (persons qualified to succeed tenant);
in section 133 (succession to introductory tenancy), omit subsection
(2);
omit section 143H (succession to demoted tenancy);
in section 143I (no successor tenant: termination), in subsection (1),
for “section 143H(3)”
substitute “section
143GA
”
.
The amendments made by
this paragraph
do not apply in relation to cases
where the tenant under a secure tenancy dies before
this paragraph
comes
into force.
The amendments made by
sub-paragraph (6)
,
sub-paragraph (7)
and
sub-paragraphs (10)
(a)
and
(b)
do not apply in relation to an introductory
tenancy granted before the day on which
this Schedule
comes into force.
The amendments made by
sub-paragraphs (8)
to
(10)
do not apply in
relation to cases where the tenant under a demoted tenancy dies before
this Schedule
comes into force.
In the
Housing and Planning Act 2016
, omit
section 121
(which makes
uncommenced amendments to the Localism Act 2011 that would have
reflected the phasing out of tenancies for life provided for by Schedule 7
to the Housing and Planning Act 2016).
The following amendment is consequential on—
the enactment of
section 86A
of the
Housing Act 1985
(see section
160 of the Localism Act 2011), and
the repeal of
section 87
of
that Act
(see regulation 11(12) of the
Renting Homes (Wales) Act 2016 (Consequential Amendments)
Regulations 2022 (S.I. 2022 No. 1166 (W. 241))).
In
section 117
of the
Housing Act 1985
(index of defined expressions), in
the entry relating to persons qualified to succeed, for “section 87”
substitute “
.
section 86A”
The following amendment is consequential on the repeal of
section 87
of
the
Housing Act 1985
(as referred to in sub-paragraph (1)(b)).
In section 89 of the Housing Act 1985 (succession to periodic tenancy), omit subsection (2) .
A
bill
to
Make provision about social housing.
Ordered to be Printed, .
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