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—
[F1(a)the vesting or other disposal is in pursuance of an order made under—
(i)section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),
(ii)section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), or
(iii)paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents), 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.
Textual Amendments
F1S. 90(3)(a) substituted for s. 90(3)(a) and the word “or”at the end of the paragraph (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. III para. 11; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)
Modifications etc. (not altering text)
C1S. 90 modified (1.11.1993) by 1993 c. 28, s. 37, Sch. 10 para. 2(3); S.I. 1993/2134, arts. 2, 5(a).