Modifications etc. (not altering text)
C1S. 47, 48, 50, 51, Pt. IV(ss. 79–117) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 paras. 22 and 23 as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61
C2Pt. IV (ss. 79-117) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(c)
C3Pt. IV (ss. 79-117) extended (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 7(3)(6) (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3 (subject to transitional provisions in art. 4(b)(c))
(1)A secure tenancy which is—
(a)a periodic tenancy, or
(b)a tenancy for a term certain granted on or after 5th November 1982,
is not capable of being assigned except in the cases mentioned in subsection (3).
(2)If a secure tenancy for a term certain granted before 5th November 1982 is assigned, then, except in the cases mentioned in subsection (3), it ceases to be a secure tenancy and cannot subsequently become a secure tenancy.
(3)The exceptions are—
(a)an assignment in accordance with section 92 (assignment by way of exchange);
[F1(b)an assignment in pursuance of an order made under—
(i)section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),
(ii)section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), or
(iii)paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents);]
(c)an assignmment to a person who would be qualified to succeed the tenant if the tenant died immediately before the assignment.
Textual Amendments
F1S. 91(3)(b) substituted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. III para. 12; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)