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Section 124 Introductory tenancies.C1C2

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A local housing authority or a housing action trust may elect to operate an introductory tenancy regime F1in England.

(2)

When such an election is in force, every periodic tenancy of a dwelling-house entered into or adopted by the authority or trust shall, if it would otherwise be a secure tenancy, be an introductory tenancy, unless immediately before the tenancy was entered into or adopted the tenant or, in the case of joint tenants, one or more of them was—

(a)

a secure tenant of the same or another dwelling-house, or

F2(b)

a tenant under a relevant assured tenancy F3, other than an assured shorthold tenancy, of the same or another dwelling-house.

F4(2A)

In subsection (2)(b) “relevant assured tenancy” means—

(a)

an assured tenancy in respect of social housing under which the landlord is a private registered provider of social housing, F5...

F6(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and for these purposes “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008.

(3)

Subsection (2) does not apply to a tenancy entered into or adopted in pursuance of a contract made before the election was made.

(4)

For the purposes of this Chapter a periodic tenancy is adopted by a person if that person becomes the landlord under the tenancy, whether on a disposal or surrender of the interest of the former landlord.

(5)

An election under this section may be revoked at any time, without prejudice to the making of a further election.

Annotations

Textual amendments

F1

Words in s. 124(1) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 25(4)(a) (with savings and transitional provisions in S.I. 2022/1172, regs. 4-7, 19)

F2

S. 124(2)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 96(2) (with art. 6, Sch. 3)

F3

Words in s. 124(2)(b) omitted (1.5.2026 for specified purposes) by virtue of Renters’ Rights Act 2025 (c. 26), s. 145(1)(8), Sch. 2 para. 44 (with ss. 138, 146(1), Sch. 6 paras. 1, 3, 4, 16, 17); S.I. 2026/421, reg. 2(c)

F4

S. 124(2A) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 96(3) (with art. 6, Sch. 3)

F5

Word in s. 124(2A)(a) omitted (1.12.2022) by virtue of The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 25(4)(c)(ii) (with savings and transitional provisions in S.I. 2022/1172, regs. 4-7, 19)

F6

S. 124(2A)(b) omitted (1.12.2022) by virtue of The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 25(4)(c)(iii) (with savings and transitional provisions in S.I. 2022/1172, regs. 4-7, 19)

Modifications

C1

S. 124 modified (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(b), Sch. 7 para. 12(6)(b) (with Sch. 7 para. 12(9)); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

C2

S. 124 modified (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(b), Sch. 7 para. 4(6)(b); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

Notes on Chapter I

Textual amendments

F1

Word in Pt. 5 Ch. 1 heading inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 25(3) (with savings and transitional provisions in S.I. 2022/1172, regs. 4-7, 19)