# Housing and Planning Act 2016, Paragraph 17

Status: prospective

(1) Schedule 1 (tenancies which are not secure tenancies) is amended as follows.
(2) After paragraph 1 insert—
“Certain English tenancies that were not secure tenancies when originally granted
1ZA A tenancy of a dwelling-house in England cannot become a secure tenancy if—
(a) it was granted on or after the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 came fully into force,
(b) it was not a secure tenancy or an introductory tenancy at the time it was granted, and
(c) it is a periodic tenancy or a tenancy for a fixed term of less than 2 years or more than 5 years.”
(3) In paragraph 4ZA, after sub-paragraph (2) insert—
“(2A) A notice under sub-paragraph (2) that relates to a tenancy of a dwelling-house in England must—
(a) state that the tenancy is to become a secure tenancy for a fixed term of a length specified in the notice, and
(b) set out the other express terms of the tenancy.
(2B) The length of the term specified in a notice in accordance with sub-paragraph (2A) must not be—
(a) less than 2 years, or
(b) more than the permitted maximum length.
(2C) The permitted maximum length is 10 years, unless sub-paragraph (2D) applies.
(2D) If the landlord has been notified in writing that a child aged under 9 will live in the dwelling-house, the permitted maximum length is the period—
(a) beginning with the day on which the tenancy becomes a secure tenancy, and
(b) ending with the day on which the child will reach the age of 19.
(2E) In deciding what length to specify in a notice under sub-paragraph (2A)(a) the landlord must have regard to any guidance given by the Secretary of State.
(2F) Where a notice is given in accordance with sub-paragraph (2A) the length of the secure tenancy, and the other terms, are those set out in the notice.
(2G) Sub-paragraphs (2A) to (2F) do not apply to notices given before the day on which paragraph 4 of Schedule 7 to the Housing and Planning Act 2016 comes fully into force.”

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Source: https://www.legislation.gov.uk/ukpga/2016/22/schedule/7/paragraph/17 (the official version)
Page: https://openlegislation.uk/housing-and-planning-act-2016/schedule-7/paragraph-17
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.