Section 81ZA Grant of secure tenancies in cases of domestic abuseF1

This section applies where a local housing authority grants a secure tenancy of a dwelling-house in England before the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 (grant of new secure tenancies in England) comes fully into force.

The local housing authority must grant a secure tenancy that is not a flexible tenancy if—

The local housing authority must grant a secure tenancy that is not a flexible tenancy if—

In this section—

• “abuse” means—

  1. (a)

     physical or sexual abuse;

  2. (b)

     violent or threatening behaviour;

  3. (c)

     controlling or coercive behaviour;

  4. (d)

     economic abuse (within the meaning of section 1(4) of the Domestic Abuse Act 2021);

  5. (e)

     psychological, emotional or other abuse;

• “domestic abuse” means abuse carried out by a person who is personally connected to the victim of the abuse (within the meaning of section 2 of the Domestic Abuse Act 2021);

• “qualifying tenancy” means a tenancy of a dwelling-house in England which is—

  1. (a)

     a secure tenancy other than a flexible tenancy, or

  2. (b)

     an assured tenancy—

     1. (i)

        F2which is not an assured shorthold tenancy, and

     2. (ii)

        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.

For the purposes of this section, a person may be a victim of domestic abuse despite the fact that the abuse is directed at another person (for example, the person's child).