Housing Act 1996I1I225

I11

The Housing Act 1996115 is amended as follows.

I12

In section 42116(moratorium on disposal of land, &c), for subsection (3), substitute—

3

Consent is not required under this section for a letting of land under an occupation contract.

I13

In Part 5, in the heading of Chapter 1, after “Tenancies”, insert “: England”.

4

In section 124117 (introductory tenancies)—

I1a

in subsection (1), after “regime”, insert “in England”;

b

omit subsection (2);

c

in subsection (2A)—

i

for “subsections (1A)(b) and (2)(b)”, substitute “subsection (1A)(b)”,

I1ii

at the end of paragraph (a), omit “or”, and

I1iii

omit paragraph (b);

d

in subsection (3), for “Subsections (1A) and (2)”, substitute “Subsection (1A)”.

5

Omit section 131118 (persons qualified to succeed tenant to introductory tenancy: Wales).

6

In section 133119 (succession to introductory tenancy), omit subsection (2).

I17

In Part 5, in the heading of Chapter 1A120, after “Tenancies”, insert “: England”.

I18

In section 143A121 (demoted tenancies), in subsection (1), after “dwelling-house”, insert “in England”.

9

Omit section 143H122 (succession to demoted tenancy: Wales).

10

In section 143I123 (no successor tenant: termination), in subsection (1), omit “or 143H(3)”.

11

In section 143J124 (successor tenants)—

a

in subsection (1), for “sections 143H and”, substitute “section”;

b

in subsection (7)(a), omit “or 143H(4) or (5)”.

I112

In section 159125 (allocation of housing accommodation)—

a

in subsection (2), at the end of paragraph (b), omit “or”;

b

in subsection (2), after paragraph (c), insert—

d

select a person to be a tenant under a secure contract or an introductory standard contract of housing accommodation held by them, or

e

nominate a person to be a tenant under a secure contract or an introductory standard contract of housing accommodation held by another person.

c

in subsection (3)—

i

after “secure tenant”, insert “, and the reference in subsection (2)(d) to selecting a person to be a tenant under a secure contract or an introductory standard contract,”;

ii

after “secure tenancy”, insert “, a secure contract or an introductory standard contract”;

d

in subsection (4), after “(2)(b)”, for “and (c)”, substitute “, (c) and (e)”;

e

in subsection (5)—

i

after “already a”, insert “tenant under a”;

ii

after “secure”, insert “contract”;

iii

for “introductory tenant”, substitute “an introductory standard contract”.

I113

In section 160126 (cases where provisions about allocation do not apply), after subsection (3), insert—

3A

They do not apply where—

a

a person succeeds to a secure occupation contract under section 73 (succession on death), section 78 (more than one qualified successor), or section 80 (substitute succession on early termination) of the Renting Homes (Wales) Act 2016 (anaw 1),

b

a secure contract is transferred to a potential successor under section 114 of that Act (transfer to potential successor),

c

a secure contract is transferred to another secure contract-holder under section 118 of that Act (transfer to another secure contract-holder),

d

a secure contract or a standard introductory contract vests or is otherwise disposed of in pursuance of an order under—

i

section 24 of the Matrimonial Causes Act 1973 (c. 18) (property adjustment orders in connection with divorce proceedings, etc.),

ii

section 17(1) of the Matrimonial and Family Proceedings Act 1984 (c. 42) (orders for financial provision and property adjustment),

iii

paragraph 1 of Schedule 1 to the Children Act 1989 (c. 41) (orders for financial relief against parents), or

iv

Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7 to the Civil Partnership Act 2004 (c. 33) (property adjustment orders in connection with civil partnership proceedings or overseas dissolution of civil partnership, etc.), or

e

an introductory standard contract becomes—

i

a secure contract under section 16 of the Renting Homes (Wales) Act 2016 (anaw 1) (introductory standard contracts), or

ii

a prohibited conduct standard contract becomes a secure contract under section 117 of the Renting Homes (Wales) Act 2016 (conversion to secure contract).

I114

In section 160A127 (allocation only to eligible persons: Wales)—

a

in subsection (6)—

i

omit paragraphs (a) and (b), and the “—” preceding them, and

ii

insert, at the end of the remaining text, “a contract-holder in relation to housing accommodation allocated to that person by a local housing authority in Wales.”;

b

in subsection (8)—

i

omit paragraphs (a), (aa) and (b) and the “—” preceding them, and

ii

insert, at the end of the remaining text, “behaviour of the person concerned which would (if that person were a contract-holder of the authority) breach section 55 of the Renting Homes (Wales) Act 2016 (anaw 1) (anti-social behaviour and other prohibited conduct).”

I115

In section 174128 (index of defined expressions: Part 6), at the appropriate places in alphabetical order in the Table, insert—

contract-holder

section 230

introductory standard contract

section 230

prohibited conduct standard contract

section 230

secure contract

section 230

I116

In section 230 (minor definitions: general), at the appropriate places in alphabetical order, insert—

  • “contract-holder” has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 7 (see also section 48) of that Act);

  • “introductory standard contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 16 of that Act);

  • “secure contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 8 of that Act);

  • “standard contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 8 of that Act);