Part 4: Social Housing in England Chapter 6: Secure Tenancies Etc. Schedule 7: Secure tenancies etc: phasing out of tenancies for life
This Schedule amends the Housing Act 1985 and the Housing Act 1996 to phase out lifetime tenancies. Secure tenancies will generally have to be for a fixed term and will not automatically be renewed.
	Paragraph 4 inserts new sections 81A to 81C into the Housing Act 1985. Local authorities may generally only grant secure tenancies for a fixed term of between 2 and 10 years, or where a child under 9 years lives in the property until the child turns 19. Local authorities must have regard to any guidance issued by the Secretary of State when deciding what length of tenancy to grant and a tenant may request a review of the landlord’s decision as to the length of the fixed term. If a landlord tries to grant a lifetime tenancy or a tenancy shorter than 2 years or longer than the maximum permitted period, the tenancy defaults to a 5 year fixed term.
	Existing lifetime tenants must be given a further lifetime tenancy if they are required to move by the landlord and the landlord has discretion to grant a lifetime tenancy in other circumstances to be set out in regulations.
	If a local authority takes on a property with a tenant who has a periodic tenancy or one that is less than 2 years or more than 5 years, the tenancy becomes a non-secure tenancy and the local authority must offer the tenant a new fixed term tenancy.
	Paragraph 11 inserts new sections 86A to 86F into the Housing Act 1985 which deal with the process for reviewing, renewing and terminating fixed term tenancies.
	A landlord must carry out a review between 6 and 9 months before the end of the fixed term to decide whether to grant a new tenancy in the same or a different dwelling house or to end the tenancy without offering another. Where appropriate, the local authority must provide advice on buying a home or other housing options. The landlord must notify the tenant of the outcome of the review and the tenant may ask the landlord to reconsider a decision to terminate the tenancy.
	Local authorities may not issue a demoted tenancy within 1 year and 9 months of the end of a fixed term tenancy, to allow time to carry out the review. A demoted tenancy is a tool to tackle anti-social behaviour; it puts the tenant on notice to improve their behaviour and lasts for 12 months at the end of which the tenancy reverts to its original type.
	If the landlord does not grant a new tenancy at the end of the old one, or seeks possession of the property, the default position is that a new 5 year tenancy arises automatically at the end of the tenancy. This does not prevent the landlord from recovering possession of the property but ensures that the tenancy does not become a lifetime tenancy at the end of the term.
	New section 86E of the Housing Act 1985 provides for the process by which a landlord may recover possession of a property at the end of the fixed term. A tenant may terminate a fixed term tenancy on giving 4 weeks’ notice.
	The right to improve and to be compensated for improvements do not apply to a fixed term secure tenancy.
	Paragraphs 18 to 22 make corresponding changes to the Housing Act 1996 to allow local authorities to continue to offer introductory tenancies. These are trial tenancies where the trial period lasts for 12 months, extendable to 18 months. A landlord may not extend the trial period within 9 months of the end of the tenancy. This is to allow for a review to take place.