AST after family intervention tenancy HA 1988 s. 20D
Under section 20D, a family intervention tenancy in England granted by a social landlord converts into an assured shorthold tenancy if notice is given.
20D An assured tenancy that arises by virtue of a notice under paragraph 12ZA(2) of Schedule 1 in respect of a family intervention tenancy is an assured shorthold tenancy if— the landlord under the assured tenancy is a private registered provider of social housing, the dwelling-house is in England, the family intervention tenancy was granted to a person on the coming to an end of an assured shorthold tenancy under which the person was a tenant, and the notice states that the family intervention tenancy is to be regarded as an assured shorthold tenancy. This section does not apply if the family intervention tenancy was granted before the coming into force of section 163(3) of the Localism Act 2011.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision sets out when a tenant who was placed on a family intervention tenancy returns to an assured shorthold tenancy. If a social housing tenant was previously on an assured shorthold tenancy before entering a family intervention agreement, the tenancy resulting from a notice under paragraph 12ZA(2) of Schedule 1 becomes an assured shorthold tenancy.
For this rule to apply, four conditions must be met: the landlord must be a private registered provider of social housing, the property must be in England, the family intervention tenancy must have immediately followed an assured shorthold tenancy held by the same person, and the notice must explicitly state that the new tenancy is an assured shorthold tenancy.
This conversion rule does not apply if the family intervention tenancy was originally created before section 163(3) of the Localism Act 2011 came into force.
When it applies
- A housing association tenant in Birmingham finishes a behaviour support programme and receives a notice under paragraph 12ZA(2) of Schedule 1 returning them to an assured shorthold tenancy.
- A private social landlord in London gives formal written notice to a tenant that their post-intervention tenancy is to be treated as an assured shorthold tenancy.
- A tenant whose previous assured shorthold tenancy was replaced by a family intervention tenancy has their housing status converted back to an assured shorthold tenancy in England.
What this section does not say
- Tenancies where the landlord is a local council rather than a private registered provider of social housing.
- Properties located in Wales, which are governed under section 1A.
- Family intervention tenancies created prior to the commencement of section 163(3) of the Localism Act 2011.
- Demoted tenancies converting back to assured shorthold tenancies, which are governed under section 20C.
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This page reproduces the text of HA 1988 s. 20D in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.