Housing Act 1988

15 Limited prohibition on assignment etc. without consent. E+W

(1) Subject to subsection (3) below, it shall be an implied term of every assured tenancy which is a periodic tenancy that, except with the consent of the landlord, the tenant shall not—

(a) assign the tenancy (in whole or in part); or

(b) sub-let or part with possession of the whole or any part of the dwelling-house let on the tenancy.

(2) Section 19 of the M1 Landlord and Tenant Act 1927 (consents to assign not to be unreasonably withheld etc.) shall not apply to a term which is implied into an assured tenancy by subsection (1) above.

(3) In the case of a periodic tenancy which is not a statutory periodic tenancy [F1 or an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989] subsection (1) above does not apply if—

(a) there is a provision (whether contained in the tenancy or not) under which the tenant is prohibited (whether absolutely or conditionally) from assigning or sub-letting or parting with possession or is permitted (whether absolutely or conditionally) to assign, sub-let or part with possession; or

(b) a premium is required to be paid on the grant or renewal of the tenancy.

(4) In subsection (3)(b) above “premium” includes—

(a) any fine or other like sum;

(b) any other pecuniary consideration in addition to rent; and

(c) any sum paid by way of deposit, other than one which does not exceed one-sixth of the annual rent payable under the tenancy immediately after the grant or renewal in question.

Textual Amendments

F1 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 102

Marginal Citations

M1 1927 c. 36.