The Housing (Northern Ireland) Order 2003

Cases where the tenant is a successor N.I.

14.—(1) The tenant is himself a successor if—

(a) the tenancy vested in him by virtue of Article 15 (succession to introductory tenancy),

(b) he was a joint tenant and has become the sole tenant,

(c) he became the tenant on the tenancy being assigned to him (but subject to paragraphs (2) and (3)), or

(d) he became the tenant on the tenancy being vested in him on the death of the previous tenant.

(2) A tenant to whom the tenancy was assigned in pursuance of an order under—

(a) Article 26 of the Matrimonial Causes (Northern Ireland) Order 1978 (NI 15) (property adjustment orders in connection with matrimonial proceedings),

(b) Article 21 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (NI 4) (property adjustment orders after overseas divorce, &c.), or

(c) Part II of Schedule 2 to the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (NI 6) (orders transferring certain tenancies on divorce, etc. or on separation of cohabitees),

[F1 (d) Part 2 of Schedule 15, or paragraph 9(2) or (3) of Schedule 17, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.),]

is a successor only if the other party to the marriage [F2 or civil partnership] was a successor.

(3) Where within 6 months of the coming to an end of an introductory tenancy ( “the former tenancy”) the tenant becomes a tenant under another introductory tenancy, and—

(a) the tenant was a successor in relation to the former tenancy, and

(b) under the other tenancy either the dwelling-house or the landlord, or both, are the same as under the former tenancy,

the tenant is also a successor in relation to the other tenancy unless the agreement creating that tenancy otherwise provides.

F1 2004 c. 33

F2 Words in art. 14(2) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 145(2) (with regs. 6-9)