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Social Housing Bill [HL]

SummaryTimeline5Text1

A bill to Make provision about social housing.

Be 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:—

Part 1 — Protecting social housing stock

Right to Buy

1 Qualifying period for right to buy

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”.

2 Eligibility if Right to Buy exercised previously

(1) Before section 121A of the Housing Act 1985 insert—

121ZC 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) The new right to buy may only be exercised if subsection (3), (4) or (5) applies.
(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.
(2) Omit section 130 of the Housing Act 1985 (reduction of discount where previous discount given).
(3) The Housing Act 1985 is amended as follows—
(a) 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”;
(b) in Schedule 6A (redemption of landlord’s share), in paragraph 5, omit sub-paragraph (4).

3 Timescales

(1) In section 124 of the Housing Act 1985 (landlord’s notice admitting or denying the right to buy), in subsection (2)—
(a) for “four” substitute “eight”;
(b) for “eight” substitute “twelve”.
(2) In section 125 of the Housing Act 1985 (landlord’s notice of purchase price and other matters)—
(a) in subsection (1)(a), for “eight” substitute “twelve”;
(b) in subsection (1)(b), for “twelve” substitute “sixteen”.

4 Fraud

(1) After section 124 of the Housing Act 1985 insert—

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.

5 Discount

(1) In section 129 of the Housing Act 1985 (discount)—
(a) for subsection (2) substitute—
(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.
;
(b) omit subsections (2A) and (2B).
(2) In section 155 of the Housing Act 1985 (repayment of discount on early disposal)—
(a) in subsection (2), for “five” substitute “ten”;
(b) in subsection (3), for “five” substitute “ten”;
(c) in subsection (3A), in paragraph (a), for “five” substitute “ten”.
(3) In section 155A (amount of discount which may be demanded by landlord: right to buy), in subsection (3), for “one-fifth” substitute “one-tenth”.
(4) 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”.

6 Right of first refusal

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,”.

7 Exceptions to the Right to Buy

(1) Schedule 5 to the Housing Act 1985 (exceptions to the right to buy) is amended in accordance with subsections (2) to (4).
(2) In paragraph 10(2)—
(a) in paragraph (a), for “warden” substitute “manager”;
(b) in paragraph (b), for “warden” substitute “manager”.
(3) After paragraph 16 insert—

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 8(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.
(4) After paragraph 18 (as inserted by subsection (3)) insert—

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.
(5) Omit section 157 of the Housing Act 1985 (restriction on disposal of dwelling-houses in National Parks, etc).
(6) The Housing Act 1985 is amended as follows—
(a) in section 4 (other descriptions of authority), in subsection (1)(e), omit “157(1),”;
(b) in section 156A (right of first refusal for landlord)—
(i) in subsection (1), omit “This is subject to subsection (8).”;
(ii) omit subsections (8) and (9);
(iii) in subsection (11), omit from “(whether” to “(8))”;
(c) in section 162 (exempted disposals which end liability under covenant), omit paragraph (b) and the “and” before it;
(d) in section 163 (treatment of options), omit subsection (2);
(e) 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.),”;
(f) in Part 3 of Schedule 6 (grant of lease in pursuance of right to buy), omit paragraph 17(2).
(7) In section 37 of the Housing Act 1985 (restriction on disposal of dwelling-houses in National Parks, etc)—
(a) 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,”;
(b) In subsection (3)(a), for “order under section 157(3)” substitute “regulations made by the Secretary of State”;
(c) after subsection (6) insert—
(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.

8 Application of sections 1 to 7

(1) An amendment made by a provision of sections 1 to 6 or section 7(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.
(2) 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.
(3) 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.

9 Right to Buy: receipts

In section 11 of the Local Government Act 2003 (use of capital receipts)—
(a) omit subsection (6);
(b) after subsection (5A), insert—
(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.

Right to Acquire

10 Right to Acquire

In section 184 of the Housing and Regeneration Act 2008 (right to acquire: supplemental), in subsection (3)—
(a) 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,”;
(b) omit paragraph (d).

Disposals

11 Restriction on certain sales of social housing by private registered providers

(1) The Housing and Regeneration Act 2008 is amended as follows.
(2) In Chapter 5 of Part 2 (regulation of social housing: disposal of property by 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) A private registered provider must not make a relevant sale of a dwelling in England that is social housing unless each of conditions A to C is met (but see section 171B).
(2) Condition A is that the private registered provider has given a sale notice in accordance with section 171C in relation to the relevant sale to the following—
(a) the local housing authority for the area in which the dwelling is situated,
(b) each person (if any) that the provider believes, having made 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) such other persons, or descriptions of person, as the Secretary of State may specify in regulations.
(3) Condition B is that the period of four weeks beginning with the relevant day has ended.
(4) Condition C is that the period of one year beginning with the relevant day has not ended.
(5) For the purposes of subsections (3) and (4), “the relevant day” is the day after the day on which Condition A is satisfied in relation to the relevant sale.

171B Requirement to give notice: exceptions

(1) Section 171A does not apply to a relevant sale of a dwelling to a registered provider.
(2) Section 171A does not apply to a relevant sale of a dwelling that is 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) is a person described in subsection (3) both immediately before and immediately after the disposal of the interest, or
(b) becomes such a person as a result of the disposal of the interest.
(3) Those persons are—
(a) the tenant of the dwelling under shared ownership arrangements (see section 70(4));
(b) the buyer of the dwelling under equity percentage arrangements (see section 70(5));
(c) the purchaser of the dwelling under a shared ownership trust (see paragraph 7(4)(a) of Schedule 9 to the Finance Act 2003).
(4) Section 171A does not apply to a relevant sale of a dwelling where the dwelling is sold to the tenant.
(5) In subsection (4), “sold to the tenant” has the same meaning as in section 73.
(6) The Secretary of State may by regulations amend this section so as to—
(a) provide for further cases in which section 171A does not apply to a relevant sale of a dwelling;
(b) vary or remove provision made under paragraph (a).

171C Sale notices

(1) For the purposes of section 171A(2), a notice given by a private registered provider in relation to a relevant sale is a “sale notice” only if it states—
(a) the address of the dwelling,
(b) the type of dwelling,
(c) the number of bedrooms and the number of bathrooms comprised in the dwelling,
(d) whether the dwelling is occupied or unoccupied,
(e) the nature of the interest to be disposed of, or the option to be 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) an estimate of the market value of that interest or option determined within the period of six months ending with the day on which the notice is given to the local housing authority, and
(g) the private registered provider’s reason for making the relevant sale.
(2) A requirement under any of paragraphs (b) to (f) of subsection (1) is 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) A private registered provider may give a sale notice to a person by 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) Subsection (3) does not limit other lawful means of giving a sale notice.
(5) A sale notice sent by email is treated as given 48 hours after the email was sent, unless the contrary is proved.

171D Sections 171A to 171C: meaning of “relevant sale” etc

(1) This section applies for the purposes of sections 171A to 171C.
(2) In relation to a dwelling, “relevant sale” means—
(a) a disposal by way of sale of the freehold interest in the dwelling,
(b) a disposal by way of sale of a leasehold interest in the dwelling, or
(c) the grant of an option to require the disposal by way of sale of the freehold interest or a leasehold interest in the dwelling,
except as mentioned in subsection (3).
(3) A disposal by way of sale of a leasehold interest in a dwelling, or the 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) the grant of a term of less than 7 years, or
(b) the assignment of a term which, at the date of the assignment, has less than 7 years to run.
(4) A reference to the disposal of an interest includes a reference to the creation of an interest.
(5) Except as mentioned in subsection (6), a relevant sale is made when it takes place.
(6) Where a relevant sale is made in pursuance of a binding agreement to make it, the sale is to be treated as made when the agreement becomes binding.
(3) In section 320 (orders and regulations)—
(a) in subsection (3)(d), for “or 126A” substitute “, 126A or 171B”;
(b) in subsection (7)(d), for “and 72” substitute “, 72 and 171B”.

Part 2 — Tenant protections

12 Protection for victims of domestic abuse

Schedule 1 contains provision conferring protections on tenants who are victims of domestic abuse.

Part 3 — Regulation

13 Consent requirements

Schedule 2 contains provision amending consent requirements relating to social housing.

14 Vacant higher value local authority housing

(1) In Chapter 2 of Part 4 of the Housing and Planning Act 2016 (vacant higher value local authority housing)—
(a) omit sections 69 to 77, together with the italic cross headings preceding sections 69, 76 and 77;
(b) omit section 79.
(2) In section 214 of the Housing and Planning Act 2016 (regulations)—
(a) in subsection (2), omit paragraphs (c) and (d),
(b) in subsection (5), omit 69(8),.
(3) In the Housing Act 1985—
(a) in section 34(4A) (consents to disposals and conditions) omit paragraph (cb) (but not the final “and”);
(b) in section 43(4A) (consents to disposals and conditions) omit paragraph (cb) (but not the final “and”).
(4) In section 11 of the Local Government Act 2003 (use of capital receipts), in subsection (5A), omit paragraph (b) and the “or” preceding it.

15 Secure tenancies, introductory tenancies and demoted tenancies

Schedule 3 contains provision regarding secure tenancies, introductory tenancies and demoted tenancies, including provision about succession to those tenancies.

16 Rents for high income social tenants

(1) In the Housing and Planning Act 2016, omit Chapter 3 of Part 4 (rents for high income social tenants).
(2) In section 214(2) of the Housing and Planning Act 2016 (regulations) omit subsections (e) and (f).
(3) In section 24 of the Housing Act 1985 (rent), omit subsection (5A).
(4) 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.

Part 4 — Final provisions

17 Power to make consequential provision

(1) The Secretary of State may by regulations made by statutory instrument make provision that is consequential on this Act.
(2) 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.
(3) The power to make regulations under this section includes power to make—
(a) supplementary, incidental, transitional or saving provision;
(b) different provision for different purposes.
(4) 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.
(5) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

18 Extent

This Act extends to England and Wales only.

19 Commencement

(1) On the day on which this Act is passed the following provisions come into force—
(a) section 1 (right to buy: qualifying period);
(b) section 5(1) (right to buy: discount);
(c) section 7 (exceptions to the right to buy) except for subsections (2) and (4);
(d) section 8 (right to buy: saving);
(e) section 10 (right to acquire);
(f) 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;
(g) any other provision of this Part.
(2) 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)).
(3) 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—
(a) section 2 (right to buy: eligibility);
(b) section 3 (right to buy: timescales);
(c) section 4 (right to buy: fraud);
(d) section 5 (right to buy: discount);
(e) section 6 (right of first refusal);
(f) section 7 (right to buy);
(g) sub-paragraphs (4) and (5) of paragraph 1 of Schedule 2 (demolition notices) and section 13 insofar as it relates to those sub-paragraphs;
(h) section 14 (vacant higher value local authority housing);
(i) section 16 (rents for high income social tenants).
(4) This Act comes into force on such day or days as the Secretary of State may by regulations appoint (if, and to the extent that, it does not come into force in accordance with subsection (1) or (3)).
(5) 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.
(6) 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.
(7) The power to make regulations under this section includes power to make different provision for different purposes.
(8) Regulations under this section are to be made by statutory instrument.

20 Short title

This Act may be cited as the Social Housing Act 2026.

Schedules

Schedule 11 — Protection for victims of domestic abuse

Housing Act 1985

1
(1) The Housing Act 1985 is amended as follows.
(2) 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)”.
(3) In section 83ZA (notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour)—
(a) in the heading, after “behaviour” insert “or domestic abuse”;
(b) in subsection (1), after “behaviour)” insert “or section 84B (absolute ground for possession for domestic abuse)”;
(c) in subsection (3)—
(i) in paragraph (a), after “84A” insert “or 84B”;
(ii) in paragraph (b), after “84A” insert “or 84B”;
(d) in subsection (5), in the opening words, after “84A” insert “or condition 1 in section 84B”;
(e) in subsection (6), in the opening words, after “84A” insert “or condition 2 in section 84B”.
(4) In section 83A (additional requirements in relation to certain proceedings for possession)—
(a) in subsection (3)—
(i) in paragraph (a), for “violence” substitute “abuse”;
(ii) for paragraph (b) substitute—
(b) the resident partner as mentioned in that ground—
(i) has left the dwelling-house, and
(ii) is not a tenant of the dwelling-house,
;
(iii) in the closing words, before “partner who” insert “resident”;
(b) in subsection (4)—
(i) for paragraph (b) substitute—
(b) the resident partner as mentioned in that ground—
(i) has left the dwelling-house, and
(ii) is not a party to the proceedings,
;
(ii) in the closing words, before “partner who” insert “resident”;
(c) in subsection (5), before “partner” insert “resident”.
(5) In section 84 (grounds and orders for possession), in subsection (1), after “behaviour)” insert “, section 84B (absolute ground for possession for domestic abuse)”.
(6) After section 84A insert—

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) one or more of the following persons is a victim of the offence—
(i) a resident partner of the tenant, or
(ii) a resident family member of such a partner.
(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) one or more of the following persons is a victim of the breach—
(i) a resident partner of the tenant, or
(ii) a resident family member of such a partner.
(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 2015

The person subject to the controlling or coercive behaviour mentioned in that section.

Section 42A of the Family Law Act 1996

Any person that the non-molestation order that has been breached is intended to protect.

Section 5A(2D) of the Protection from Harassment Act 1997

Any person subject to behaviour that breached the restraining order.

Section 363 of the Sentencing Act 2020

Any 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 2006

Any person subject to the behaviour that constituted the offence in question.

Section 39 of the Domestic Abuse Act 2021

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;
resident family member means a member of a resident partner’s family who—
(a) resides with the partner in the dwelling-house, or
(b) was residing with the partner in the dwelling-house before the partner or family member left for reasons relating to—
(i) the offence or breach in question, or
(ii) other abusive behaviour of the tenant.
resident partner in relation to a tenant means a person—
(a) to whom the tenant is personally connected within the meaning of section 2(1)(a) to (f) of the Domestic Abuse Act 2021, and
(b) who occupies the dwelling-house or 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.
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 the resident partner mentioned in the relevant ground 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 the resident partner mentioned in the relevant ground 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).
(7) In section 85ZA (review of decision to seek possession on absolute ground for anti-social behaviour)—
(a) in the heading, after “behaviour” insert “or domestic abuse”;
(b) in subsection (1), in the opening words, after “84A” insert “or 84B”.
(8) In section 85A (proceedings for possession on non-absolute grounds: anti-social behaviour)—
(a) in the heading, after “behaviour” insert “or domestic abuse”;
(b) in subsection (1), for “This section” substitute “Subsection (2)”;
(c) After subsection (2) insert—
(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 resident partner of the tenant who carried out the abuse (as mentioned in that ground) about the proposed making of the order.
(9) After section 85A insert—

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 the resident partner mentioned in that ground 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 the resident partner mentioned in that section 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 resident partner 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 resident partner 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 resident partner 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.
(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) 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 resident partner about the suitability of any proposed accommodation.
(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.
(10) In section 88 (cases where the tenant is a successor), after subsection (4) insert—
(5) A tenant who was a joint tenant and has become the sole tenant by virtue of section 85B (transfer of tenancy in domestic abuse cases) is not a successor.
(11) In section 138 (duty of landlord to convey freehold or grant lease)—
(a) in subsection (2A), in paragraph (a), for “or section 84A possession order” substitute “, section 84A possession order or section 84B possession order”;
(b) 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”;
(c) in subsection (2C), in the appropriate place insert—
operative section 84B possession order means an order under section 84B which requires possession of the dwelling-house to be given up on a date specified in the order;
section 84B possession order means an order for possession under section 84B;
.
(12) 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”.
(13) In Part 1 of Schedule 2 (grounds on which court may order possession if it considers it reasonable), for ground 2A substitute—

Ground 2A

There has been behaviour by a person who is a tenant of the dwelling-house (“A”) towards a resident partner, or a resident family member of such a partner, that is abusive within the meaning of section 1(3) of the Domestic Abuse Act 2021 and—
(a)

where A is the sole tenant, the landlord wishes to recover possession of the dwelling-house from A,

(b)

where both A and the resident partner are joint tenants (whether or not with others), the landlord wishes to transfer A’s interest under the tenancy to the resident partner and any other joint tenants, or

(c)

where A is a joint tenant and the resident partner is not a joint tenant, the landlord wishes to recover possession of the dwelling-house.

For the purposes of this ground—

“resident partner” means a person—
(a)

to whom A is personally connected within the meaning of section 2(1)(a) to (f) of the Domestic Abuse Act 2021, and

(b)

who occupies the dwelling-house or was occupying the dwelling-house but left for reasons relating to the abuse;

“resident family member” means a member of a resident partner’s family who—
(a)

resides with the partner in the dwelling-house, or

(b)

was residing with the partner in the dwelling-house before the partner or the family member left for reasons relating to the abuse.

(14) In Schedule 2A (absolute ground for possession for anti-social behaviour: serious offences), in the heading, after “behaviour” insert “or domestic abuse”.
(15) In Schedule 3 (grounds for withholding consent to assignment by way of exchange), in ground 2ZA—
(a) after “possession for anti-social behaviour)” insert “or section 84B (absolute ground for possession for domestic abuse);
(b) after “ground for anti-social behaviour” insert “or domestic abuse”.

Housing Act 1988

2
(1) The Housing Act 1988 is amended as follows.
(2) 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”.
(3) In section 7 (orders for possession)—
(a) in subsection (5A)(a), after “7A” insert “, 7AA”;
(b) 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”;
(c) in subsection (6)(a), after “Ground 7A,” insert “Ground 7AA,”.
(4) In section 8 (notice of proceedings for possession)—
(a) in subsection (3A), in the opening words, after “Ground 7A” insert “or Ground 7AA”;
(b) in subsection (4)—
(i) for “either or both of Grounds 7A and 14” substitute “any or all of Grounds 7A, 7AA and 14”;
(ii) after “than Ground 7A” insert “or 7AA”;
(c) in subsection (4A), after “7A” insert “, 7AA”;
(d) in subsection (4AA), after “7A” insert “, 7AA”;
(e) in subsection (4C), after “7A” insert “or 7AA”;
(f) in subsection (4D), in the opening words, after “7A,” insert “or condition 1 in Ground 7AA,”;
(g) in subsection (4E), in the opening words, after “7A,” insert “or condition 2 in Ground 7AA,”;
(h) in subsection (5), after “7A” insert “, 7AA”.
(5) In section 8A (additional notice requirements: ground of domestic violence)—
(a) in the heading, for “violence” substitute “abuse”;
(b) in subsection (1)—
(i) in the opening words, for the words beginning with “partner” to “that ground” substitute “resident partner as mentioned in that ground has left the dwelling-house and”;
(ii) in paragraph (a), before “partner who” insert “resident”;
(c) in subsection (2)—
(i) in the opening words, for the words beginning with “partner” to “ground” substitute “resident partner as mentioned in that ground has left the dwelling-house and”;
(ii) in paragraph (a), for “the partner” substitute “the resident partner”.
(6) After section 8A insert—

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 the resident partner referred to in the relevant ground 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 the resident partner referred to in the relevant ground 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.
(7) In section 9A (proceedings for possession on non-absolute grounds: anti-social behaviour)—
(a) in the heading, after “behaviour” insert “or domestic abuse”;
(b) in subsection (1), for “This section applies” substitute “Subsections (2) to (5) apply”;
(c) after subsection (5) insert—
(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 resident partner of the tenant who carried out the abuse (as mentioned in that ground) about the proposed making of the order.
(8) In section 10A (power to order transfer of tenancy in certain cases), at the end of the heading insert “relating to immigration status”.
(9) After section 10A insert—

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 the resident partner mentioned in that ground 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 the resident partner mentioned in that ground 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 resident partner 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 resident partner 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 resident partner 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 resident partner 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.
(10) In section 16M (duties of landlords etc, penalties and offences: interpretation), in subsection (6)(a), after “7A” insert “, 7AA”.
(11) In Schedule 1, in paragraph 12ZA (family intervention tenancies), in sub-paragraph (3)(a)(i), after “7A” insert “or 7AA”.
(12) In Part 1 of Schedule 2 (grounds on which court must order possession), after ground 7A insert—

Ground 7AA

One of the following conditions is met.

Condition 1 is that—
(a)

the landlord of the dwelling house is a social housing provider,

(b)

a tenant of the dwelling-house has been convicted of a domestic abuse offence,

(c)

the offence was committed on or after the commencement day, and

(d)
one or more of the following persons is a victim of the offence—
(i)

a resident partner of the tenant, or

(ii)

a resident family member of such a partner.

Condition 2 is that—
(a)

the landlord of the dwelling house is a social housing provider,

(b)
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

(c)
one or more of the following persons is a victim of the breach—
(i)

a resident partner of the tenant, or

(ii)

a resident family member of such a partner.

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.

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).

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 2015

The person subject to the controlling or coercive behaviour mentioned in that section.

Section 42A of the Family Law Act 1996

Any person that the non-molestation order that has been breached is intended to protect.

Section 5A(2D) of the Protection from Harassment Act 1997

Any person subject to behaviour that breached the restraining order.

Section 363 of the Sentencing Act 2020

Any person subject to behaviour that breached the restraining order.

A serious offence with a finding of abuse under section 56A of the Sentencing Act 2020 or section 253A of the Armed Forces Act 2006

Any person subject to the behaviour that constituted the offence in question.

Section 39 of the Domestic Abuse Act 2021

Any person that the domestic abuse protection order that has been breached is intended to protect from abuse.

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 non-molestation 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.

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;

“registered social landlord” has the same meaning as in Part I of the Housing Act 1996;

“resident family member” means a member of a resident partner’s family (within the meaning of Part 1 of the Housing Act 1996) who—
(a)

resides with the partner in the dwelling-house, or

(b)
was residing with the partner in the dwelling-house before the partner or family member left for reasons relating to—
(i)

the offence or breach in question, or

(ii)

other abusive behaviour towards them by the tenant

“resident partner” in relation to a tenant means a person—
(a)

to whom the tenant is personally connected within the meaning of section 2(1)(a) to (f) of the Domestic Abuse Act 2021, and

(b)
who occupies the dwelling-house or was occupying the dwelling-house but left for reasons relating to—
(i)

the offence or breach in question, or

(ii)

other abusive behaviour towards them by the tenant.

“serious offence” means an offence which—
(a)

is specified, or falls within a description specified, in Schedule 2A to the Housing Act 1985 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);

“social housing provider” means—
(a)

a non-profit registered provider of social housing, a registered social landlord or a charitable housing trust, or

(b)

where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, a profit-making registered provider of social housing.

(13) In Part 2 of Schedule 2 (grounds on which court may order possession), for ground 14A substitute—

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.

Condition 2 is that there has been domestic abuse by a person who is a tenant of the dwelling-house (“A”) towards—
(a)

a resident partner, or

(b)

a resident family member of such a partner.

Condition 3 is that the landlord wishes—
(a)

where A is the sole tenant, to recover possession of the dwelling-house from A,

(b)

where both A and the resident partner are joint tenants (whether or not with others), to transfer A’s interest under the tenancy to the resident partner and any other joint tenants, or

(c)

where A is a joint tenant and the resident partner is not a joint tenant, to recover possession of the dwelling-house.

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;

“domestic abuse” means behaviour that is abusive within the meaning of section 1(3) of the Domestic Abuse Act 2021;

“registered social landlord” has the same meaning as in Part I of the Housing Act 1996;

“resident partner” means a person—
(a)

to whom A is personally connected within the meaning of section 2(1)(a) to (f) of the Domestic Abuse Act 2021, and

(b)

who occupies the dwelling-house or was occupying the dwelling-house but left for reasons relating to the abuse;

“resident family member” means a member of a resident partner’s family (within the meaning of Part 1 of the Housing Act 1996) who—
(a)

resides with the partner in the dwelling-house, or

(b)

was residing with the partner in the dwelling-house before the partner or the family member left for reasons relating to the abuse;

“social housing provider” means—
(a)

a non-profit registered provider of social housing, a registered social landlord or a charitable housing trust, or

(b)

where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, a profit-making registered provider of social housing.

Housing Act 1996

3 In section 160 of the Housing Act 1996 (cases where provisions about allocation do not apply)—
(a) in subsection (2), at the end of paragraph (da), insert—
(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),
;
(b) after subsection (2) insert—
(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).

Localism Act 2011

4
(1) 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.
(2) In paragraph 4A—
(a) 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).”;
(b) in sub-paragraph (3)(a), after “behaviour” insert “or domestic abuse”.
(3) In paragraph 5A—
(a) 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).”;
(b) in sub-paragraph (3)(b) after “7A” insert “or 7AA”.

Schedule 22 — Social housing: consent requirements

Housing Act 1985

1
(1) The Housing Act 1985 is amended as follows.
(2) In section 12 (provision of shops, recreation grounds, etc), after subsection (1) insert—
(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.
(3) In section 171D (disposal of landlord’s interest in qualifying dwelling-house), omit subsections (2) to (4).
(4) In Schedule 5 (exceptions to the right to buy)—
(a) in paragraph 13(2)(c)(ii), omit (unless extended under paragraph 15);
(b) in paragraph 13(5)(b), for paragraph 15(1) to (7A) substitute paragraph 15;
(c) in paragraph 13(8)(d), for “extended or” substitute “it ceases to have effect or is”;
(d) omit paragraphs 15(1) to (3);
(e) after paragraph 15(7A) insert—
(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.
(f) omit paragraphs 15(8) to (10).
(5) In Schedule 5A (initial demolition notices), for paragraph 4 (and the italic heading before it) substitute—

Further demolition notices

4A
(1) A landlord may at any time serve a further initial demolition notice in accordance with paragraphs 1 and 2 in relation to a dwelling-house.
(2) A landlord may serve more than one further notice by virtue of sub-paragraph (1) in relation to a dwelling-house.
(3) If at the time that a further initial demolition notice is served in 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) The conditions in sub-paragraphs (5) and (6) apply where a further initial demolition notice is served by a relevant landlord—
(a) before the expiry of an existing initial demolition notice relating to the dwelling-house, or
(b) within the period of 5 years beginning with the date on which the initial demolition notice that preceded it (the “earlier initial demolition notice”) ceased to be in force (for any reason).
(5) 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 1).
(6) A notice given in accordance with paragraph 2(2) and (3) in 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) For the purposes of sub-paragraph (4), a “relevant landlord” means—
(a) the landlord who served the existing initial demolition notice or the earlier initial demolition notice, or
(b) a landlord who served a continuation notice under paragraph 3A in respect of the existing initial demolition notice or earlier initial demolition notice.

Housing Act 1988

2
(1) Section 133 of the Housing Act 1988 (consent required for certain subsequent disposals) is amended as follows.
(2) In subsection (1)—
(a) after “required for disposal” insert “of land in Wales”;
(b) for “appropriate authority” substitute “Welsh Ministers”.
(3) Omit subsection (1ZA).
(4) In subsection (3)(c), for “appropriate authority” substitute “Welsh Ministers”.
(5) In subsection (5)—
(a) in the opening words, for “appropriate authority” substitute “Welsh Ministers”;
(b) in paragraph (a), for “shall satisfy itself” substitute “must be satisfied”.

Local Government and Housing Act 1989

3
(1) The Local Government and Housing Act 1989 is amended as follows.
(2) In section 172 (transfer of new town housing stock)—
(a) in subsection (1), for “Secretary of State”, substitute “appropriate authority”;
(b) in subsection (4)—
(i) 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”;
(ii) in paragraph (c)(i), for “him” substitute “it”;
(c) in subsection (5), for “Secretary of State”, substitute “appropriate authority”;
(d) in subsection (7)(c)—
(i) for “Secretary of State from exercising his power” substitute “appropriate authority from exercising its power”;
(ii) for “Secretary of State”, in the second place it appears, substitute “appropriate authority”;
(e) in subsection (8), in the appropriate place, insert—
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;
(3) In section 173 (consent required for subsequent disposals)—
(a) in the heading, after disposals insert in Wales;
(b) in subsection (1), in the opening words—
(i) after “Where a dwelling” insert “in Wales”;
(ii) omit “a secure tenancy or, in Wales,”;
(c) in subsection (1)(a), for “appropriate authority” substitute “Welsh Ministers”;
(d) omit subsection (1A);
(e) in subsection (3)(a), after “Secretary of State” insert “or Welsh Ministers”;
(f) in subsection (5)—
(i) in the opening words, for “appropriate authority” substitute “Welsh Ministers”;
(ii) in paragraph (a), for “shall satisfy itself” substitute “must be satisfied”;
(g) in subsection (10), omit the definition of “secure tenancy”.

Schedule 33 — Secure, introductory and demoted tenancies: uncommenced legislation etc

Tenancies for life

1
(1) 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).
(2) The following provision is consequential on the omission of Schedule 7 to the Housing and Planning Act 2016—
(a) in section 81ZA of the Housing Act 1985 (grant of secure tenancies in cases of domestic abuse), in subsection (1), omit the words from before to into force;
(b) the Secure Tenancies (Victims of Domestic Abuse) Act 2018 is repealed;
(c) in section 79 of the Domestic Abuse Act 2021 (grant of secure tenancies in cases of domestic abuse), omit subsection (3).

Termination of fixed term tenancies

2 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).

Succession to tenancies

3
(1) 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).
(2) The following amendment replicates the provision made by paragraph 3(2) of Schedule 8 to the Housing and Planning Act 2016.
(3) In section 86A of the Housing Act 1985 (which was inserted by section 160 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) 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 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).
(5) 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.
(6) Before section 131 of the Housing Act 1996 (but after the italic heading) insert—

130A Persons qualified to succeed to introductory tenancy

(1) A person is qualified to succeed the tenant under an introductory 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 an introductory 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) 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.
(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.
(7) In section 133 of the Housing Act 1996 (succession to introductory tenancy), 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.
(8) Before section 143H (but after the italic heading) insert—

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’ 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’ 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) Subsection (1) or (2) does not apply if the tenant was a successor as defined in section 143J.
(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’ wife or husband is to be treated as the tenant’ 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 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.
(9) In section 143J (demoted tenancies: successor tenants) for subsection (7) substitute—
(7) A person is a successor to a demoted tenancy if the tenancy vests in the person by virtue of section 143GB(2).
(10) In consequence of the amendments made by sub-paragraphs (6) to (9), in the Housing Act 1996—
(a) omit section 131 (persons qualified to succeed tenant);
(b) in section 133 (succession to introductory tenancy), omit subsection (2);
(c) omit section 143H (succession to demoted tenancy);
(d) in section 143I (no successor tenant: termination), in subsection (1), for section 143H(3) substitute section 143GA.
(11) 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.
(12) 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.
(13) 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.

Transfer of tenancies

4 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).

Amendments consequential on other legislation

5
(1) The following amendment is consequential on—
(a) the enactment of section 86A of the Housing Act 1985 (see section 160 of the Localism Act 2011), and
(b) 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))).
(2) 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.
(3) The following amendment is consequential on the repeal of section 87 of the Housing Act 1985 (as referred to in sub-paragraph (1)(b)).
(4) In section 89 of the Housing Act 1985 (succession to periodic tenancy), omit subsection (2).

Footnotes

  1. 1

    Section 12

  2. 2

    Section 13

  3. 3

    Section 15