Housing and Planning Act 2016

Housing Act 1996 (c. 52)

7 Before section 131 (but after the italic heading) insert—

“130A Persons qualified to succeed to introductory tenancy: England

(1) A person is qualified to succeed the tenant under an introductory tenancy of a dwelling-house in England if—

(a) the person occupies the dwelling-house as his or her only or principal home at the time of the tenant’s death, and

(b) the person is the tenant’s spouse or civil partner.

(2) A person is qualified to succeed the tenant under an introductory tenancy of a dwelling-house in England if—

(a) at the time of the tenant’s death the dwelling-house is not occupied by a spouse or civil partner of the tenant as his or her only or principal home,

(b) an express term of the tenancy makes provision for a person other than such a spouse or civil partner of the tenant to succeed to the tenancy, and

(c) the person’s succession is in accordance with that term.

(3) Subsection (1) or (2) does not apply if the tenant was a successor as defined in section 132.

(4) In such a case, a person is qualified to succeed the tenant if—

(a) an express term of the tenancy makes provision for a person to succeed a successor to the tenancy, and

(b) the person’s succession is in accordance with that term.

(5) For the purposes of this section a person who was living with the tenant as the tenant’s wife or husband is to be treated as the tenant’s spouse.

(6) Subsection (7) applies if, on the death of the tenant, there is by virtue of subsection (5) more than one person who fulfils the condition in subsection (1)(b).

(7) Such one of those persons as may be agreed between them or as may, where there is no such agreement, be selected by the landlord is for the purpose of this section to be treated as the fulfilling that condition.”