Point in time view as at 26/12/2023.
Housing Act 1985, Section 79 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)A tenancy under which a dwelling-house [F1in England] is let as a separate dwelling is a secure tenancy at any time when the conditions described in sections 80 and 81 as the landlord condition and the tenant condition are satisfied.
(2)Subsection (1) has effect subject to—
(a)the exceptions in Schedule 1 (tenancies which are not secure tenancies),
(b)sections 89(3) and (4) and 90(3) and (4) (tenancies ceasing to be secure after death of tenant), and
(c)sections 91(2) and 93(2) (tenancies ceasing to be secure in consequence of assignment of subletting).
(3)The provisions of this Part apply in relation to a licence to occupy a dwelling-house [F2in England] (whether or not granted for a consideration) as they apply in relation to a tenancy.
(4)Subsection (3) does not apply to a licence granted as a temporary expedient to a person who entered the dwelling-house or any other land as a trespasser (whether or not, before the grant of that licence, another licence to occupy that or another dwelling-house had been granted to him).
Textual Amendments
F1Words in s. 79(1) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 11(9)(a) (with savings and transitional provisions in S.I. 2022/1172, regs. 2, 11, 12, 19)
F2Words in s. 79(3) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 11(9)(b) (with savings and transitional provisions in S.I. 2022/1172, regs. 2, 11, 12, 19)
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