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Social Housing Bill [HL]

Moved by

Lord Best

61: After Clause 12, insert the following new Clause—

“Duty to ensure continuity of secure tenancy in cases of threat to safety

After section 86 of the Housing Act 1985 (periodic tenancy arising on termination of fixed term) insert—

“86ZA Duty to ensure continuity of secure tenancy in cases of threat to safety

(1) This section applies where—

(a) a registered provider of social housing has granted a secure and assured tenancy of a dwelling-house in England to a person (whether as the sole tenant or a joint tenant), and

(b) the registered provider is satisfied that there is a threat to the personal safety of that person or of a member of that person’s household which means there is a risk to their personal safety unless they move.

(2) When subsection (1) applies, the regulator must ensure that the registered provider grants the tenant a new secure tenancy which is—

(a) on terms at least equivalent to the existing tenancy, and

(b) in a dwelling where the threat to the tenant’s personal safety does not apply.

(3) In this section, a “threat to personal safety” means any threat of violence, including in circumstances of—

(a) domestic abuse where the perpetrator does not live at the same address as the victim;

(b) an escalating neighbour dispute;

(c) a threat of targeted youth or gang violence.

(4) In assessing the threat under subsection (1)(b), the registered provider must act in accordance with any relevant police advice provided to—

(a) the registered provider,

(b) the tenant, or

(c) any member of the tenant’s household.

(5) In the event that a registered provider is unable to ensure the provision of an appropriate new secure tenancy pursuant to subsection (2), the regulator must ensure that the registered provider concerned co-operates with other registered providers to ensure an appropriate new secure tenancy is provided in a timely manner.””