We are planning to introduce a repair and lease scheme but have encountered some legal difficulties over whether a local authority can enter into a lease agreement without creating a secure tenancy.
We understand that the law expects a local authority to grant secure tenancies. However, we were hoping to make use of the exception in paragraph 6, schedule 1, Housing Act 1985 which states that tenancies in dwelling leased to a council on a short term basis are not secure tenancies. The property is let on a non-secure tenancy (in accordance with schedule 1 of the Housing Act 1985) to tenants.
So are members aware of any local authorities that are running a similar repair and lease scheme and the legislation they employ.
Any feedback would be welcome