Secure Tenancies (Victims of Domestic Abuse) Act 2018

Duty to grant old-style secure tenancies: victims of domestic abuse

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• (1) Section 81B of the Housing Act 1985 (cases where old-style English secure tenancies may be granted) is amended as follows.

• (2) After subsection (2) insert—

(2A) A local housing authority that grants a secure tenancy of a dwelling-house in England must grant an old-style secure tenancy if— (a) the tenancy is offered to a person who is or was a tenant of some other dwelling-house under a qualifying tenancy (whether as the sole tenant or as a joint tenant), and (b) the authority is satisfied that— (i) the person or a member of the person’s household is or has been a victim of domestic abuse carried out by another person, and (ii) the new tenancy is granted for reasons connected with that abuse. (2B) A local housing authority that grants a secure tenancy of a dwelling-house in England must grant an old-style secure tenancy if— (a) the tenancy is offered to a person who was a joint tenant of that dwelling-house under an old-style secure tenancy, and (b) the authority is satisfied that— (i) the person or a member of the person’s household is or has been a victim of domestic abuse carried out by another person, and (ii) the new tenancy is granted for reasons connected with that abuse. (2C) In subsections (2A) and (2B)— - “abuse” means— violence, threatening, intimidating, coercive or controlling behaviour, or any other form of abuse, including emotional, financial, physical, psychological or sexual abuse; - “domestic abuse” is abuse where the victim is or has been— in the same family or household as the abuser, or in an intimate personal relationship with the abuser; - “qualifying tenancy” means a tenancy of a dwelling-house in England which is— an old-style secure tenancy, or an assured tenancy which is not an assured shorthold tenancy and which is granted by a private registered provider of social housing, by the Regulator of Social Housing or by a housing trust which is a charity.

• (3) In subsection (1)(b), after “(2)” insert “, (2A) or (2B)”.

Extent, commencement and short title

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• (1) This Act extends to England and Wales only.

• (2) Section 1 of this Act comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.

• (3) This section comes into force on the day on which this Act is passed.

• (4) This Act may be cited as the Secure Tenancies (Victims of Domestic Abuse) Act 2018.