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SCHEDULES

SCHEDULE 8Succession to secure tenancies and related tenancies

Housing Act 1985 (c. 68)

5(1)Section 89 (succession to periodic tenancy) is amended as follows.

(2)In subsection (1A), for “section 86A” substitute “section 86G”.

(3)After subsection (2) insert—

(2A)Where the tenancy vests in a person qualified to succeed the tenant under section 86G(2) or (4) and continues to be a secure tenancy—

(a)the periodic tenancy (“the old tenancy”) comes to an end immediately after vesting, and

(b)a new tenancy of the same dwelling-house arises by virtue of this subsection for a fixed term of 5 years.

(2B)The parties and terms of a tenancy arising by virtue of subsection (2A) are the same as those of the tenancy that it replaces, except that the terms are confined to those which are compatible with a tenancy for a fixed term of 5 years.

(2C)Where a possession order was in force in relation to the old tenancy—

(a)the possession order is to be treated, so far as possible, as if it applied in relation to the new tenancy, and

(b)any other court orders made in connection with the possession order are also to be treated, so far as possible, as if they applied in relation to the new tenancy.

(2D)In subsection (2C) “possession order” means an order for possession of the dwelling house.