Housing Act 1985

92 Assignments by way of exchange. E+W

[F1 (1) It is a term of every secure tenancy that the tenant may, with the written consent of the landlord, assign the tenancy to another secure tenant who satisfies the condition in subsection (2) [F2 or to an assured tenant who satisfies the conditions in subsection (2A).]]

[F1 (1) It is a term of every secure tenancy that the tenancy may, with the written consent of the landlord, assign the tenancy to—

(a) another secure tenant who satisfies the condition in subsection (2),

(b) an assured tenant who satisfies the conditions in subsection (2A), or

(c) a tenant who is a secure contract-holder and who satisfies the conditions in subsection (2B).]

(2) The condition is that the other secure tenant has the written consent of his landlord to an assignment of his tenancy either to the first-mentioned tenant or to another secure tenant who satisfies the condition in this subsection.

[F3 (2A) The conditions to be satisfied with respect to an assured tenant are—

( a ) that the landlord under his assured tenancy is [F4 the Regulator of Social Housing, a private registered provider of social housing,] F5 . . . a [F6 a registered social landlord] or a housing trust which is a charity; and

(b) that he intends to assign his assured tenancy to the secure tenant referred to in subsection (1) or to another secure tenant who satisfies the condition in subsection (2).]

[F7 (2B) The conditions to be satisfied with respect to a tenant who is a secure contract-holder are that—

(a) their landlord is a community landlord, and

(b) they intend to transfer their secure contract to—

(i) the secure tenant referred to in subsection (1),

(ii) another secure tenant who satisfies the condition in subsection (2), or

(iii) another secure contract-holder.]

(3) The consent required by virtue of this section shall not be withheld except on one or more of the grounds set out in Schedule 3, and if withheld otherwise than on one of those grounds shall be treated as given.

(4) The landlord may not rely on any of the grounds set out in Schedule 3 unless he has, within 42 days of the tenant’s application for the consent, served on the tenant a notice specifying the ground and giving particulars of it.

(5) Where rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed, the consent required by virtue of this section may be given subject to a condition requiring the tenant to pay the outstanding rent, remedy the breach or perform the obligation.

(6) Except as provided by subsection (5), a consent required by virtue of this section cannot be given subject to a condition, and a condition imposed otherwise than as so provided shall be disregarded.

[F8 (7) In this section, the following terms have the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1)—

(a) “community landlord” (see section 9 of that Act);

(b) “contract-holder” (see section 7 (see also section 48) of that Act);

(c) “secure contract” (see section 8 of that Act).]

Textual Amendments

F1 S. 92(1) substituted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 11(13)(a) (with savings and transitional provisions in S.I. 2022/1172, regs. 2, 11, 12, 19)

F2 Words added by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 163(1)

F3 S. 92(2A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 163(3)

F4 Words in s. 92(2A)(a) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 21 (with art. 6, Sch. 3)

F5 Words in s. 92(2A)(a) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 10, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F6 Words in s. 92(2A)(a) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(9)

F7 S. 92(2B) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 11(13)(b) (with savings and transitional provisions in S.I. 2022/1172, regs. 2, 11, 12, 19)

F8 S. 92(7) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 11(13)(c) (with savings and transitional provisions in S.I. 2022/1172, regs. 2, 11, 12, 19)

Modifications etc. (not altering text)

C1 S. 92(2A)(a) modified (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), art. 3, Sch. para. 2(1) (with art. 6); S.I. 2008/3068, arts. 1(2), 2(1)(b) (with arts. 6-13)