(1)Where the whole or part of a dwelling-house let under a protected shorthold tenancy has been sublet at any time during the continuous period specified in subsection (3) below, and, during that period, the landlord becomes entitled, as against the tenant, to possession of the dwelling-house, he shall also be entitled to possession against the sub-tenant and section 137 of the 1977 Act shall not apply.
(2)A protected shorthold tenancy of a dwelling-house and any protected tenancy of the same dwelling-house granted during the continuous period specified in subsection (3) below shall not be capable of being assigned, [F1except in pursuance of an order under—.
(a)section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),
(b)section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), F2...
(c)paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents)][F3, or
(d)Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.).]
(3)The continuous period mentioned in subsections (1) and (2) above is the period beginning with the grant of the protected shorthold tenancy and continuing until either—
(a)no person is in possession of the dwelling-house as a protected or statutory tenant; or
(b)a protected tenancy of the dwelling-house is granted to a person who is not, immediately before the grant, in possession of the dwelling-house as a protected or statutory tenant.
Textual Amendments
F1Words in s. 54(2) substituted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. III para. 7; S.I. 1996/2402, art. 3
F2Word in s. 54(2)(b) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b)(d), Sch. 30; S.I. 2005/3175, art. 2(6)
F3S. 54(2)(d) and word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 16; S.I. 2005/3175, art. 2(1), Sch. 1