Legislation – Domestic Abuse Act 2021

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PART 7Miscellaneous and general

Secure tenancies

I179Grant of secure tenancies in cases of domestic abuse

1

Part 4 of the Housing Act 1985 (secure tenancies and rights of secure tenants) is amended as follows.

2

After section 81 insert—

81ZAGrant of secure tenancies in cases of domestic abuse

1

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.

2

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

a

the tenancy is offered to a person who is or was a tenant of some other dwelling-house under a qualifying tenancy (whether as the sole tenant or as a joint tenant), and

b

the authority is satisfied that—

i

the person or a member of the person’s household is or has been a victim of domestic abuse carried out by another person, and

ii

the new tenancy is granted for reasons connected with that abuse.

3

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

a

the tenancy is offered to a person who was a joint tenant of the dwelling-house under a qualifying tenancy, and

b

the authority is satisfied that—

i

the person or a member of the person’s household is or has been a victim of domestic abuse carried out by another person, and

ii

the new tenancy is granted for reasons connected with that abuse.

4

In this section—

“abuse” means—

a
physical or sexual abuse;

b
violent or threatening behaviour;

c
controlling or coercive behaviour;

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

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—

a
a secure tenancy other than a flexible tenancy, or

b
an assured tenancy—

i
which is not an assured shorthold tenancy, and

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.

5

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).

3

In section 81B (cases where old-style English secure tenancies may be granted)—

a

in subsection (2C)—

i

for the definition of “abuse” substitute—

“abuse” means—

a

physical or sexual abuse;

b

violent or threatening behaviour;

c

controlling or coercive behaviour;

d

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

e

psychological, emotional or other abuse;

ii

for the definition of “domestic abuse” substitute—

“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);

b

after subsection (2C) insert—

2D

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).