Section 115B — Housing and Planning Act 2016: Meaning of “flexible tenancy”

Meaning of “flexible tenancy” 115B 1 For the purposes of this Act, a flexible tenancy is a secure tenancy to which any of the following subsections applies.

2 This subsection applies to a secure tenancy if—

a it was granted by a landlord in England for a fixed term of not less than two years, b it was granted before the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 came fully into force, and c before it was granted the person who became the landlord under the tenancy served a written notice on the person who became the tenant under the tenancy stating that the tenancy would be a flexible tenancy.

3 This subsection applies to a secure tenancy if—

a it became a secure tenancy by virtue of a notice under paragraph 4ZA(2) of Schedule 1 (family intervention tenancies becoming secure tenancies),

b the notice was given before the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 came fully into force, c the landlord under the family intervention tenancy in question was a local housing authority in England, d the family intervention tenancy was granted to a person on the coming to an end of a flexible tenancy under which the person was a tenant, e the notice states that the tenancy is to become a secure tenancy that is a flexible tenancy for a fixed term of the length specified in the notice, and sets out the other express terms of the tenancy, and f the length of the term specified in the notice is at least two years.

4 The length of the term of a flexible tenancy that becomes such a tenancy by virtue of subsection (3) is that specified in the notice under paragraph 4ZA(2) of Schedule 1.

5 The other express terms of the flexible tenancy are those set out in the notice, so far as those terms are compatible with the statutory provisions relating to flexible tenancies;

and in this subsection “ statutory provision ” means any provision made by or under an Act.

6 This subsection applies to a secure tenancy if—

a it is created by virtue of section 137A of the Housing Act 1996 (introductory tenancies becoming flexible tenancies), or b it arises by virtue of section 143MA or 143MB of that Act (demoted tenancies becoming flexible tenancies).”