Section 143MA: Demoted tenancies that are to become flexible tenancies

Housing Act 1996 · 1996 c. 52View on legislation.gov.uk

*Part V: Conduct of tenants — Chapter 1A: *

Subsection (2) applies to a demoted tenancy of a dwelling-house in England that—

was created on the termination of a flexible tenancy within the meaning of section 107A of the Housing Act 1985, and
ceases to be a demoted tenancy and becomes a secure tenancy in accordance with this Chapter.

If the landlord has served a notice within subsection (3) on the tenant before the end of the demoted tenancy then, on ceasing to be a demoted tenancy, the tenancy becomes a secure tenancy for a term certain that is a flexible tenancy.

The notice must—

state that, on ceasing to be a demoted tenancy, the tenancy will become a secure tenancy that is a flexible tenancy for a term certain of the length specified in the notice,
specify a period of at least two years as the length of the term of the tenancy, and
set out the other express terms of the tenancy.

The length of the term of a flexible tenancy that becomes such a tenancy by virtue of this section is that specified in the notice under subsection (3).

The other express terms of the flexible tenancy are those set out in the notice, so far as those terms are compatible with the statutory provisions relating to flexible tenancies; and in this subsection "statutory provision" means any provision made by or under an Act.

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