Legal Update: Fixed & Flexible Tenancies, Right to Rent, and Recent Housing Cases

Feb 03, 2026

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This comprehensive legal update discusses recent developments in fixed-term and flexible tenancies under the Localism Act 2011. It highlights the uptake by registered providers (RPs) and local authorities (LAs) and emphasizes the importance of policy drafting. Additionally, the update covers the Right to Rent under the Immigration Act 2014, including mandatory immigration checks and the new NSP possession procedures. It reviews significant cases such as Cardiff City Council v. Lee (2016) and Birmingham City Council v. Stephenson (2016), providing key insights for housing practitioners.

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Legal Update: Fixed & Flexible Tenancies, Right to Rent, and Recent Housing Cases

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Presentation Transcript

Kent Housing Group – Legal Update
Fixed term & Flexible tenancies • Localism Act 2011 – discretionary • Some uptake by RP’s but LA’s… • Flexible – LA • Fixed – RP • Drafting is key / policy & procedure
Right to Rent – Immigration Act 2014 • Immigration checks to be carried out • New NSP
Mandatory possession • Pre-action protocol (a reminder)
Breach of a Suspended Possession Order • Cardiff City Council v Lee (Flowers) [2016] • New process & forms – N325A & N445
Suspended possession orders & drugs • City West Housing Trust v Massey [2016]
Equality Act & adjournments • Birmingham City Council v Stephenson [2016]