Part I

Preliminary

Statutory tenancies

Statutory tenants and tenancies.
4
1
Subject to section 5 below, where a person ceases to be a protected occupier of a dwelling-house on the termination, whether by notice to quit or by virtue of section 16(3) of this Act or otherwise, of his licence or tenancy, he shall, if and so long as he occupies the dwelling-house as his residence, be the statutory tenant of it.
2
Subject to section 5 below, subsection (3), ... below shall have effect for determining what person (if any) is the statutory tenant of a dwelling-house at any time after the death of a person (“the original occupier”) who was, immediately before his death, a protected occupier or statutory tenant of the dwelling-house in his own right.
3
If the original occupier was a person who died leaving a surviving partner who was residing in the dwelling-house immediately before the original occupier’s death then, after the original occupier’s death, unless the surviving partner is a protected occupier of the dwelling-house by virtue of section 3(2) above, the surviving partner shall be the statutory tenant if and so long as he occupies the dwelling-house as his residence.
This subsection is framed by reference to the case where the original occupier was a man, but is to be read as applying equally in the converse case where the original occupier was a woman.
4
Where—
a
the original occupier was not a person who died leaving a surviving partner who was residing in the dwelling-house immediately before the original occupier's death, but
b
one or more persons who were members of the original occupier's family were residing with the original occupier in the dwelling-house at the time of and for the ... period of 2 years immediately before the original occupier's death,
then, after the original occupier's death, unless that person or, as the case may be, one of those persons is a protected occupier of the ... entitled to an assured tenancy of the dwelling-house by succession or, in the case of a dwelling-house in Wales, will be entitled to a secure contract of the dwelling-house by succession.
5
In ... subsections (1) and (3) above the phrase “if and so long as he occupies the dwelling-house as his residence” shall be construed in accordance with section 2(3) of the Rent Act 1977 (construction of that phrase in the corresponding provisions of that Act).
5ZA
In subsections (3) and (4) above “
surviving partner
” means surviving spouse or surviving civil partner.
5A
For the purposes of subsection (3) above
a person who was living with the original occupier as if they were a married couple or civil partners shall be treated as the spouse or civil partner of the original occupier;
and, subject to subsection (5B) below, “surviving spouse” and “surviving civil partner” in subsection (5ZA) above shall be construed accordingly.
5B
If, immediately after the death of the original occupier, there is, by virtue of subsection (5A) above, more than one person who fulfils the conditions in subsection (3) above, such one of them as may be decided by agreement or, in default of agreement by the county court, shall be the statutory tenant by virtue of that subsection.
5C
If the original occupier died within the period of 18 months beginning on the operative date, then, for the purposes of subsection (3) above, a person who was residing in the dwelling-house with the original occupier at the time of his death and for the period which began 6 months before the operative date and ended at the time of his death shall be taken to have been residing with the original occupier for the period of 2 years immediately before his death; and in this subsection
“ the operative date ” means the date on which Part I of the Housing Act 1988 came into force.
6
A dwelling-house is, in this Act, referred to as subject to a statutory tenancy where there is a statutory tenant of it.
7
In this section, “
secure contract
” has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 8 of that Act).
Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(2), Sch. 18
Words substituted by Housing Act 1980 (c. 51), s. 76(3)(4) in relation to deaths occurring after 28.11.1980
Words in s. 4(4)(b) inserted (with effect in accordance with s. 39(4) of the amending Act) by Housing Act 1988 (c. 50), ss. 39(4), 141(3), Sch. 4 para. 11(a)
Words in s. 4(4)(b) substituted (with effect in accordance with s. 39(4) of the amending Act) by Housing Act 1988 (c. 50), ss. 39(4), 141(3), Sch. 4 para. 11(a)
Words in s. 4(4) substituted (with effect in accordance with s. 39(4) of the amending Act) by Housing Act 1988 (c. 50), ss. 39(4), 141(3), Sch. 4 para. 11(b)
Words in s. 4(5) substituted (with effect in accordance with s. 39(4) of the amending Act) by Housing Act 1988 (c. 50), ss. 39(4), 141(3), Sch. 4 para. 12
Words substituted by Rent Act 1977 (c. 42), Sch. 23 para. 72
1977 c. 42.
S. 4(5A)(5ZA) substituted for s. 4(5A) (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 10(4); S.I. 2005/3175, art. 2(1), Sch. 1
S. 4(3) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 10(2); S.I. 2005/3175, art. 2(1), Sch. 1
Words in s. 4(4) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 10(3)(a); S.I. 2005/3175, art. 2(1), Sch. 1
Words in s. 4(4) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 10(3)(b); S.I. 2005/3175, art. 2(1), Sch. 1
Words in s. 4(4) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 10(3)(c); S.I. 2005/3175, art. 2(1), Sch. 1
Words in s. 4(5A) substituted for s. 4(5A)(a)(b) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 4
Words in s. 4(4) inserted (W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 8(2)(a)
S. 4(7) inserted (W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 8(2)(b)