Localism Bill

173B: Before Clause 131, insert the following new Clause— ““Exemptions from flexible tenancy regime (1) The Secretary of State shall by regulations provide that a secure tenancy shall not be capable of being a flexible tenancy if it falls within one of such classes as shall be prescribed. (2) The prescribed classes of secure tenancy referred to in subsection (1) shall include— (a) tenancies granted to a tenant (alone or jointly with others) aged 60 years or more; (b) tenancies granted to a tenant (alone or jointly with others) in circumstances where the tenant or a member of his or her household suffers from a long-term illness or disability, or has a need for secure accommodation on medical or welfare grounds; (c) tenancies granted to such other persons as regulations shall provide who have a need for secure accommodation. (3) In determining whether a tenant falls within one of the prescribed classes of person, the landlord authority shall have regard to guidance issued by the Secretary of State under this section. (4) Where a tenancy is a secure tenancy by reason of regulations made under this section, it shall be a ground for possession within section 84 of the Housing Act 1985 (grounds and orders for possession) where the accommodation afforded by the dwelling-house is more extensive than is reasonably required by the tenant. (5) The court shall not make an order for possession under subsection (4) unless— (a) it is satisfied that suitable alternative accommodation will be available for the tenant when the order takes effect; and (b) it considers it reasonable to make the order. (6) Part IV of Schedule 2 to the Housing Act 1985 (suitability of accommodation) shall have effect for determining, for the purpose of subsection (5)(a), whether suitable alternative accommodation will be available for the tenant. (7) Where the landlord considers that the ground for possession in subsection (4) applies to a tenancy, the court shall not entertain proceedings for possession of the tenancy unless the landlord has complied with the notice requirements in section 83 and subsections (3) and (4) of section 84 of the Housing Act 1985. (8) Where proceedings are brought for possession of a dwelling-house under the ground in subsection (4), the court shall have the powers set out in section 85 of the Housing Act 1985.””