Housing Act 1988

Ground 7 E+W

The tenancy is a periodic tenancy (including a statutory periodic tenancy)[F1 , or a fixed term tenancy of a dwelling-house in England,] which has devolved under the will or intestacy of the former tenant and the proceedings for the recovery of possession are begun not later than twelve months after the death of the former tenant or, if the court so directs, after the date on which, in the opinion of the court, the landlord or, in the case of joint landlords, any one of them became aware of the former tenant’s death.

For the purposes of this ground, the acceptance by the landlord of rent from a new tenant after the death of the former tenant shall not be regarded as creating a new F2 ... tenancy, unless the landlord agrees in writing to a change (as compared with the tenancy before the death) in the amount of the rent, the period [F3 or length of term]of the tenancy, the premises which are let or any other term of the tenancy.

[F4 This ground does not apply to a fixed term tenancy that is a lease of a dwelling-house—

(a) granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or

(b) under which the lessee (or the lessee's personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.]

Textual Amendments

F1 Words in Sch. 2 Pt. I Ground 7 inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 162(5)(a), 240(2); S.I. 2012/628, art. 6(b) (with arts. 9 11 14 15 17)

F2 Word in Sch. 2 Pt. I Ground 7 repealed (1.4.2012) by Localism Act 2011 (c. 20), ss. 162(5)(b)(i), 240(2), Sch. 25 Pt. 23; S.I. 2012/628, art. 6(b) (with arts. 9 11 14 15 17)

F3 Words in Sch. 2 Pt. I Ground 7 inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 162(5)(b)(ii), 240(2); S.I. 2012/628, art. 6(b) (with arts. 9 11 14 15 17)

F4 Words in Sch. 2 Pt. I Ground 7 inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 162(5)(c), 240(2); S.I. 2012/628, art. 6(b) (with arts. 9 11 14 15 17)