Housing Act 1985

Succession on death of tenant E+W

87 Persons qualified to succeed tenant. E+W

A person is qualified to succeed the tenant under a secure tenancy if he occupies the dwelling-house as his only or principal home at the time of the tenant’s death and either—

(a) he is the tenant’s spouse, or

(b) he is another member of the tenant’s family and has resided with the tenant throughout the period of twelve months ending with the tenant’s death;

unless, in either case, the tenant was himself a successor, as defined in section 88.

Modifications etc. (not altering text)

C1 s. 87 modified (1.11.1993) by 1993 c. 28, s. 37, Sch. 10 para. 2(3); S.I. 1993/2134, arts. 2, 5(a).

88 Cases where the tenant is a successor. E+W

(1) The tenant is himself a successor if—

(a) the tenancy vested in him by virtue of section 89 (succession to a periodic tenancy), or

(b) he was a joint tenant and has become the sole tenant, or

(c) the tenancy arose by virtue of section 86 (periodic tenancy arising on ending of term certain) and the first tenancy there mentioned was granted to another person or jointly to him and another person, or

(d) he became the tenant on the tenancy being assigned to him (but subject to subsections (2) and (3)), or

(e) he became the tenant on the tenancy being vested in him on the death of the previous tenant.

(2) A tenant to whom the tenancy was assigned in pursuance of an order under section 24 of the M1 Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings) is a successor only if the other party to the marriage was a successor.

(3) A tenant to whom the tenancy was assigned by virtue of section 92 (assignments by way of exchange) is a successor only if he was a successor in relation to the tenancy which he himself assigned by virtue of that section.

(4) Where within six months of the coming to an end of a secure tenancy which is a periodic tenancy (“the former tenancy”) the tenant becomes a tenant under another secure tenancy which is a periodic tenancy, and—

(a) the tenant was a successor in relation to the former tenancy, and

(b) under the other tenancy either the dwelling-house or the landlord, or both, are the same as under the former tenancy,

the tenant is also a successor in relation to the other tenancy unless the agreement creating that tenancy otherwise provides.

Modifications etc. (not altering text)

C2 s. 88 modified (1.11.1993) by 1993 c. 28, s. 37, Sch. 10 para.2(3); S.I. 1993/2134, arts. 2, 5(a).

Marginal Citations

M1 1973 c. 18.

89 Succession to periodic tenancy. E+W

(1) This section applies where a secure tenant dies and the tenancy is a periodic tenancy.

(2) Where there is a person qualified to succeed the tenant, the tenancy vests by virtue of this section in that person, or if there is more than one such person in the one to be preferred in accordance with the following rules—

(a) the tenant’s spouse is to be preferred to another member of the tenant’s family;

(b) of two or more other members of the tenant’s family such of them is to be preferred as may be agreed between them or as may, where there is no such agreement, be selected by the landlord.

(3) Where there is no person qualified to succeed the tenant and the tenancy is vested or otherwise disposed of in the course of the administration of the tenant’s estate, the tenancy ceases to be a secure tenancy unless the vesting or other disposal is in pursuance of an order made under section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings).

(4) A tenancy which ceases to be a secure tenancy by virtue of this section cannot subsequently become a secure tenancy.

Modifications etc. (not altering text)

C3 S. 89 modified (1.11.1993) by 1993 c. 28, s. 37, Sch. 10 para. 2(3); S.I. 1993/2134, arts. 2, 5(a).

90 Devolution of term certain. E+W

(1) This section applies where a secure tenant dies and the tenancy is a tenancy for a term certain.

(2) The tenancy remains a secure tenancy until—

(a) it is vested or otherwise disposed of in the course of the administration of the tenant’s estate, as mentioned in subsection (3), or

(b) it is known that when it is so vested or disposed of it will not be a secure tenancy.

(3) The tenancy ceases to be a secure tenancy on being vested or otherwise disposed of in the course of administration of the tenant’s estate, unless—

(a) the vesting or other disposal is in pursuance of an order made under section 24 of the M2 Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings), or

(b) the vesting or other disposal is to a person qualifed to succeed the tenant.

(4) A tenancy which ceases to be a secure tenancy by virtue of this section cannot subsequently become a secure tenancy.

Modifications etc. (not altering text)

C4 S. 90 modified (1.11.1993) by 1993 c. 28, s. 37, Sch. 10 para. 2(3); S.I. 1993/2134, arts. 2, 5(a).

Marginal Citations

M2 1973 c. 18.