PART IV

SECURE TENANCIES AND RIGHTS OF SECURE TENANTS

Security of tenure

Secure tenancies.
79
1
A tenancy under which a dwelling-house in England is let as a separate dwelling is a secure tenancy at any time when the conditions described in sections 80 and 81 as the landlord condition and the tenant condition are satisfied.
2
Subsection (1) has effect subject to—
a
the exceptions in Schedule 1 (tenancies which are not secure tenancies),
b
sections 89(3) and (4) and 90(3) and (4) (tenancies ceasing to be secure after death of tenant), and
c
sections 91(2) and 93(2) (tenancies ceasing to be secure in consequence of assignment of subletting).
3
The provisions of this Part apply in relation to a licence to occupy a dwelling-house in England (whether or not granted for a consideration) as they apply in relation to a tenancy.
4
Subsection (3) does not apply to a licence granted as a temporary expedient to a person who entered the dwelling-house or any other land as a trespasser (whether or not, before the grant of that licence, another licence to occupy that or another dwelling-house had been granted to him).
S. 47, 48, 50, 51, Pt. IV(ss. 79–117) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 paras. 22 and 23 as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61
Pt. IV (ss. 79-117) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(c)
Pt. IV (ss. 79-117) extended (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 7(3)(6) (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3 (subject to transitional provisions in art. 4(b)(c))
Words in s. 79(1) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 11(9)(a) (with savings and transitional provisions in S.I. 2022/1172, regs. 2, 11, 12, 19)
Words in s. 79(3) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 11(9)(b) (with savings and transitional provisions in S.I. 2022/1172, regs. 2, 11, 12, 19)