Housing Act 1985

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 [F1 (2) to (3)] , or

(e) he became the tenant on the tenancy being vested in him on the death of the previous tenant [F2 or.]

[F2 (f) the tenancy was previously an introductory tenancy and he was a successor to the introductory tenancy.]

(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) [F3 or section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.)]is a successor only if the other party to the marriage was a successor.

[F4 (2A) A tenant to whom the tenancy was assigned in pursuance of an order under 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. ) is a successor only if the other civil partner 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.

Textual Amendments

F1 Words in s. 88(1)(d) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 para. 21(2); S.I. 2005/3175, art. 2(1), Sch. 1

F2 S. 88(1)(f) and word “or” immediately preceding it inserted (4.2.1997) by 1996 c. 52, s. 141(1), Sch. 14 para. 1; S.I. 1997/66, art. 2 (with savings in Sch.)

F3 Words in s. 88(2) inserted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. III para. 9; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F4 S. 88(2A) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 para. 21(3); S.I.2005/3175, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C1 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.