Section 86D — Housing and Planning Act 2016: Fixed term tenancy arising on termination of previous fixed term

Fixed term tenancy arising on termination of previous fixed term 86D 1 This section applies to a secure tenancy of a dwelling-house in England other than—

a an old-style secure tenancy, or b a flexible tenancy the term of which ends within the period of 9 months beginning with the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 comes fully into force.

2 If the tenancy comes to an end by virtue of the term expiring, or by virtue of an order under section 82(3), a new tenancy of the same dwelling-house arises by virtue of this subsection.

3 Where the landlord has offered the tenant a new tenancy of the same dwelling-house following a review under section 86A but the tenant has failed to accept, the new tenancy that arises by virtue of subsection (2) is a fixed term tenancy of whatever length the landlord offered.

4 In any other case, the new tenancy that arises by virtue of subsection (2) is a 5 year fixed term tenancy.

5 The parties and other terms of a new tenancy that arises by virtue of subsection (2) are the same as those of the tenancy that it replaces, except that the terms are confined to those which are compatible with a tenancy of the length determined in accordance with subsection (3) or (4).

6 A new tenancy does not arise by virtue of subsection (2) if the tenant has been granted another secure tenancy of the same dwelling-house to begin at the same time as the earlier tenancy ends.