PART IICONDUCT OF TENANTS

CHAPTER IIINTRODUCTORY TENANCIES

Succession on death of tenant

Cases where the tenant is a successor14

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),

is a successor only if the other party to the marriage 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.