Search Legislation

Housing Act 1988

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Housing Act 1988, Section 17 is up to date with all changes known to be in force on or before 18 July 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

17 Succession to [F1assured tenancy].E+W

(1)[F2Subject to subsection (1D),] In any case where—

(a)the sole tenant under an assured periodic tenancy dies, and

(b)immediately before the death, the tenant’s spouse [F3or civil partner] was occupying the dwelling-house as his or her only or principal home, and

F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

then, on the death, the tenancy vests by virtue of this section in the spouse [F3or civil partner] (and, accordingly, does not devolve under the tenant’s will or intestacy).

[F5(1A)Subject to subsection (1D), in any case where—

(a)there is an assured periodic tenancy of a dwelling-house in England under which—

(i)the landlord is a private registered provider of social housing, and

(ii)the tenant is a sole tenant,

(b)the tenant under the tenancy dies,

(c)immediately before the death, the dwelling-house was not occupied by a spouse or civil partner of the tenant as his or her only or principal home,

(d)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

(e)there is a person whose succession is in accordance with that term,

then, on the death, the tenancy vests by virtue of this section in that person (and, accordingly, does not devolve under the tenant's will or intestacy).

(1B)Subject to subsection (1D), in any case where—

(a)there is an assured tenancy of a dwelling-house in England for a fixed term of not less than two years under which—

(i)the landlord is a private registered provider of social housing, and

(ii)the tenant is a sole tenant,

(b)the tenant under the tenancy dies, and

(c)immediately before the death, the tenant's spouse or civil partner was occupying the dwelling-house as his or her only or principal home,

then, on the death, the tenancy vests by virtue of this section in the spouse or civil partner (and, accordingly, does not devolve under the tenant's will or intestacy).

(1C)Subject to subsection (1D), in any case where—

(a)there is an assured tenancy of a dwelling-house in England for a fixed term of not less than two years under which—

(i)the landlord is a private registered provider of social housing, and

(ii)the tenant is a sole tenant,

(b)the tenant under the tenancy dies,

(c)immediately before the death, the dwelling-house was not occupied by a spouse or civil partner of the tenant as his or her only or principal home,

(d)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

(e)there is a person whose succession is in accordance with that term,

then, on the death, the tenancy vests by virtue of this section in that person (and accordingly does not devolve under the tenant's will or intestacy).

(1D)Subsection (1), (1A), (1B) or (1C) does not apply if the tenant was himself a successor as defined in subsection (2) or subsection (3).

(1E)In such a case, on the death, the tenancy vests by virtue of this section in a person (“P”) (and, accordingly, does not devolve under the tenant's will or intestacy) if, and only if—

(a)(in a case within subsection (1)) the tenancy is of a dwelling-house in England under which the landlord is a private registered provider of social housing,

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

(c)P's succession is in accordance with that term.]

(2)For the purposes of this section, a tenant is a successor in relation to a tenancy if—

(a)the tenancy became vested in him either by virtue of this section or under the will or intestacy of a previous tenant; or

(b)at some time before the tenant’s death the tenancy was a joint tenancy held by himself and one or more other persons and, prior to his death, he became the sole tenant by survivorship; or

(c)he became entitled to the tenancy as mentioned in section 39(5) below.

(3)For the purposes of this section, a tenant is also a successor in relation to a tenancy (in this subsection referred to as “the new tenancy”) which was granted to him (alone or jointly with others) if—

(a)at some time before the grant of the new tenancy, he was, by virtue of subsection (2) above, a successor in relation to an earlier tenancy of the same or substantially the same dwelling-house as is let under the new tenancy; and

(b)at all times since he became such a successor he has been a tenant (alone or jointly with others) of the dwelling-house which is let under the new tenancy or of a dwelling-house which is substantially the same as that dwelling-house.

[F6(4)For the purposes of this section—

(a)a person who was living with the tenant as his or her wife or husband shall be treated as the tenant’s spouse, and

(b)a person who was living with the tenant as if they were civil partners shall be treated as the tenant’s civil partner.]

(5)If, on the death of the tenant, there is, by virtue of subsection (4) above, more than one person who fulfils the condition in subsection (1)(b) [F7or (1B)(c)] above, such one of them as may be decided by agreement or, in default of agreement, by the county court [F8shall for the purposes of this section be [F9treated as the tenant’s spouse, or if that person is the same sex as the tenant, and falls within subsection (4)(b), as the tenant’s civil partner.]] .

[F10(6)If, on the death of the tenant, there is more than one person in whom the tenancy would otherwise vest by virtue of subsection (1A), (1C) or (1E), the tenancy vests in such one of them as may be agreed between them or, in default of agreement, as is determined by the county court.

(7)This section does not apply to a fixed term assured 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.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 17 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 161(2), 240(2) (with s. 161(7)); S.I. 2012/628, art. 6(a) (with arts. 9 11 14 15 17)

F2Words in s. 17(1) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 161(3)(a), 240(2) (with s. 161(7)); S.I. 2012/628, art. 6(a) (with arts. 9 11 14 15 17)

F3Words in s. 17(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263, Sch. 8 para. 41(1)(2), S.I. 2005/3175, {art. 2(1)}, Sch. 1

F5S. 17(1A)-(1E) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 161(4), 240(2) (with s. 161(7)); S.I. 2012/628, art. 6(a) (with arts. 9 11 14 15 17)

F7Words in s. 17(5) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 161(5), 240(2) (with s. 161(7)); S.I. 2012/628, art. 6(a) (with arts. 9 11 14 15 17)

F10S. 17(6)(7) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 161(6), 240(2) (with s. 161(7)); S.I. 2012/628, art. 6(a) (with arts. 9 11 14 15 17)

Modifications etc. (not altering text)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources