Flexible / Fixed term tenancies and transferring tenants

Has any one been able to conclude from the information and guidance published to date, if transferring tenants take their security with them once the new flexible/fixed term tenancies are introduced? It would seem a huge disincentive to tenants moving within stock if they will in effect be giving up a ‘life time’ tenancy for potentially a 5 year tenancy. I understood security (but not rent level/type) moved with them - but there now seem sot be disagreement. I can only find reference to mutual exchanges (which states landlords SHOULD allow tenants to take security with them). Hope some can shed some light on this. Thanks.

I haven’t come across anything on this but as a matter of current housing law a tenancy is not a personal right, it is tied to the land, it is lost when the landlord takes back possession of the land and is created anew when the tenant takes possession of new land.  In other words the security of tenure is lost in the interim.  The landlord is entirely free to create a new tenancy on fresh terms.

However, the terms of a new tenancy offered to the tenant must be clearly laid out in advance of the tenancy surrender.  In my view, if the surrender is brought about by the landlord’s misrepresentation, a court could revive the tenancy or order re-possession if re-let.  Or, order that the new tenancy is on the same terms as the previous one.