Housing Act 1985

[F1 86A Persons qualified to succeed tenant: England E+W

(1) A person (“P”) is qualified to succeed the tenant under a secure tenancy of a dwelling-house in England if—

(a) P occupies the dwelling-house as P's only or principal home at the time of the tenant's death, and

(b) P is the tenant's spouse or civil partner.

(2) A person (“P”) is qualified to succeed the tenant under a secure tenancy of a dwelling-house in England if—

(a) at the time of the tenant's death the dwelling-house is not occupied by a spouse or civil partner of the tenant as his or her only or principal home,

(b) an express term of the tenancy makes provision for a person other than such a spouse or civil partner of the tenant to succeed to the tenancy, and

(c) P's succession is in accordance with that term.

(3) Subsection (1) or (2) does not apply if the tenant was a successor as defined in section 88.

(4) In such a case, a person (“P”) is qualified to succeed the tenant if—

(a) an express term of the tenancy makes provision for a person to succeed a successor to the tenancy, and

(b) P's succession is in accordance with that term.

(5) For the purposes of this section—

(a) a person who was living with the tenant as the tenant's wife or husband is to be treated as the tenant's spouse, and

(b) a person who was living with the tenant as if they were civil partners is to be treated as the tenant's civil partner.

(6) Subsection (7) applies if, on the death of the tenant, there is by virtue of subsection (5) more than one person who fulfils the condition in subsection (1)(b).

(7) Such one of those persons as may be agreed between them or as may, where there is no such agreement, be selected by the landlord is for the purpose of this section to be treated (according to whether that one of them is of the opposite sex to, or of the same sex as, the tenant) as the tenant's spouse or civil partner.]

Textual Amendments

F1 S. 86A inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 160(1), 240(2) (with s. 160(6)); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)