Housing Act 1985

F1 99B Persons qualifying for compensation. E+W

(1) A person is a qualifying person for the purposes of section 99A(2) if—

(a) he is, at the time when the tenancy comes to an end, the tenant or, in the case of a joint tenancy at that time, one of the tenants, and

(b) he is a person to whom subsection (2) applies.

(2) This subsection applies to—

(a) the improving tenant;

(b) a person who became a tenant jointly with the improving tenant;

(c) a person in whom the tenancy was vested, or to whom the tenancy was disposed of, under section 89 (succession to periodic tenancy) or section 90 (devolution of term certain) on the death of the improving tenant or in the course of the administration of his estate;

(d) a person to whom the tenancy was assigned by the improving tenant and who would have been qualified to succeed him if he had died immediately before the assignment;

F2 [( e ) a person to whom the tenancy was assigned by the improving tenant 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.), F3 . . .

(iii) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents) [F4 , or

(iv) 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. ) ]]

F5 [( f ) a spouse, former spouse, [F6 civil partner, former civil partner,] cohabitant or former cohabitant of the improving tenant to whom the tenancy has been transferred by an order made under Schedule 1 to the Matrimonial Homes Act 1983 or Schedule 7 to the Family Law Act 1996.]

(3) Subsection (2)(c) does not apply in any case where the tenancy ceased to be a secure tenancy by virtue of section 89(3) or, as the case may be, section 90(3).

(4) Where, in the case of two or more qualifying persons, one of them (“the missing person”) cannot be found—

(a) a claim under regulations made under section 99A may be made by, and compensation under those regulations may be paid to, the other qualifying person or persons; but

(b) the missing person shall be entitled to recover his share of any compensation so paid from that person or those persons.

(5) In this section “the improving tenant” means—

(a) the tenant by whom the improvement mentioned in section 99A(1) was made, or

(b) in the case of a joint tenancy at the time when the improvement was made, any of the tenants at that time.

Textual Amendments

F1 S. 99A, 99B inserted (1.2.1994) by 1993 c. 28, s. 122; S.I. 1993/2762, art. 4(b) (with saving in art. 5(2)).

F2 S. 99B(2)(e) substituted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. III para. 13; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)

F3 Word at the end of s. 99B(2)(e)(ii) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(4), 263(10), Sch. 30; S.I. 2005/3175, art. 2(6)

F4 S. 99B(2)(e)(iv) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 para. 25; S.I. 2005/3175, art. 2(1), Sch. 1

F5 S. 99B(2)(f) substituted (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para. 54 (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3

F6 Words in s. 99B(2)(f) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263(2), Sch. 9 para. 19; S.I. 2005/3175, art. 2(1), Sch. 1